Personal injury claims for vehicle accidents don’t just have to involve a road vehicle. Anyone injured as a result of specialised machinery like a forklift may have grounds to make a personal injury claim.
If you have been injured by a forklift in Australia, you aren’t alone. Between 2000 and 2007 there were roughly 7,400 of these accidents, according to Comcare, with half of these involving pedestrians.
Forklift accidents don’t just affect workers in warehouses and industrial sites either. Members of the public can be injured by forklifts that are used incorrectly or if the operator has not followed proper health and safety procedures.
The good news if you have been injured by a forklift is that it is possible to make a claim against the responsible party.
Here is what you need to know about making a claim for a forklift injury, depending on whether you are a company’s staff or a member of the public.
Employees
As an employee, it is your employer’s responsibility to maintain a safe workplace. If they are unable to provide an environment that is safe and this results in a forklift injury, you may be eligible to make a claim for worker compensation.
This is true whether you are temporarily off work or suffer a total and permanent disability as a result of the accident. Employers in Australia are also legally obliged to obtain worker compensation insurance. Each state has different worker compensation laws, so make sure to get in contact with an injury lawyer who can advise on local legislation.
Forklifts are treated within the law as a motor vehicle, which means injured staff can make a damages claim against their employer. Often, an accident involving a forklift can result in multiple claims.
Members of the public
As a member of the public, if you are injured by another person’s use of a forklift you may also have grounds for a compensation claim. Many people will be unfamiliar with the health and safety requirements of a work site so the burden is on the operator to ensure their work doesn’t put individuals at risk.
To learn more about making a claim for compensation following an injury, make sure to contact specialised accident lawyers today.
Frequently Asked Questions
A: The length of time you have to make your claim depends on the jurisdiction.
For instance:
- TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical and you may have more than one TPD claim.
- Car accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out of time claims may be made. New NSW CTP laws have made it difficult for injured people and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
- Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out of time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
- Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.
Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.
A: At PK Simpson in Sydney we act on a no win, no fee basis and an estimate of the costs will be discussed and clearly explained to you during the preliminary stages of your claim. At the end of your claim, we charge only for the work we’ve done, so if your claim is finalised faster than expected, we charge fees only up to that point. Also, we pay for all medical reports upfront.
Unlike most law firms, we don’t charge a strict percentage which would have you paying a set figure even if the claim settles in two weeks. Costs can be affected by the type of accident, your insurer, liability and other considerations.
A: After all the claim documents are in and the medical records and reports are done, the personal injury solicitors at PK Simpson can better assess the worth of your claim.
A: If you’re reading this, you’ve come to the right place! PK Simpson is a top law firm in Sydney, so contact us today.
A: The NSW government pays solicitors to represent injured workers in NSW.
If your matter progresses to a common law claim, fees come out of the settlement monies.
So many of our clients are relieved and happy that they chose to bring in our lawyers, who are personal injury claims experts. Our lawyers ensured our clients’ settlement processes were less stressful and their personal injury claim payouts were what they deserved.
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- How much compensation am I likely to receive?
A: A personal injury lawyer will represent you if you’ve been injured in an incident or accident that was not your fault. Lawyers such as the specialists at PK Simpson Sydney work in personal injury and compensation law, encompassing deliberate acts and negligence, to claim compensation for you. Apart from all the legal work, lawyers also help you to recover faster by making sure you get the treatment and resources needed. PK Simpson pays for all medical reports needed to maximise your claim and get the best evidence.
A: The legal definition of a personal injury is general physical and/or psychological damage to a person which is the fault of another party. This can be, for instance, the driver of another vehicle, another person, owner of a public area, or an employer. A physical injury usually involves an injury of a psychological nature or it can be one or the other. Specialist doctors are required to identify the nature of injury to round out a personal injury claim.
A: Payouts for personal injury are different for all cases due to the facts and circumstances of negligence and other factors. Ask our personal injury claim lawyers for information on your particular case.
A: To ensure you get the best possible outcome, we advise claimants to contact expert personal injury lawyers as soon as practicable after your injury occurs. Getting experienced personal injury lawyers on board to manage your claim can streamline the process and relieve stress so you can concentrate on your recovery.
A: If you’ve suffered serious bodily, psychological or reputational injuries it’s crucial that you contact a personal injury lawyer as soon as possible. There are special skills and training and a thorough knowledge of the law required to file a personal injury lawsuit and there are time frames in which you need to lodge your claim. Especially for traffic accidents and medical negligence claims in NSW, you will need an experienced team to handle and build your claim. So the advice is to take action as soon as you are able.