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.
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.