Forklift Accident Claims –
Forklifts are essential in a variety of industries, such as construction, manufacturing, and warehousing, due to their ability to lift and move heavy loads with ease. However, operating a forklift comes with inherent risks that can lead to workplace accidents and result in serious injuries to workers. Unfortunately, forklift accidents are all too common in the workplace, and victims may suffer significant physical and psychological injuries as a result.
In fact, over the last two year Safe Work NSW reported a staggering 598 forklift-related incidents, and unfortunately, five of these accidents resulted in fatalities in the workplace. Although not all of these incidents involved injury or death, many included collisions between forklifts or other vehicles, rollovers, and objects falling off forklifts while loading or unloading.
If you have been injured in a forklift accident, it’s important to understand your rights and options. This comprehensive guide for forklift accident claims provides an overview of forklift accident claims, including the types of accidents, the compensation available and the steps you should take to make a personal injury claim.
Types of Forklift Accidents
Forklift accidents can happen in various ways. The most common factor in forklift-related fatalities and severe injuries is the lack of sufficient separation between pedestrians and forklifts, resulting in pedestrians being struck by the forklift or its load.
Other common types of forklift accidents include:
- Forklift rollovers: When a forklift tips over, it can crush the operator and anyone nearby, causing severe injuries and fatalities.
- Pedestrian accidents: When a forklift driver hits a pedestrian, it can result in serious injuries or death, especially if the victim is caught between the forklift and a wall or another object.
- Falling loads: When a load falls from a forklift, it can hit or crush nearby workers, causing severe head, neck, and back injuries or even death.
- Crush injuries: When a forklift traps a person between the machine and another object, it can cause severe crushing injuries, such as fractures, internal bleeding, severed body parts and internal bleeding and damage.
Compensation Available for Forklift injuries
People injured in forklift accidents may be eligible for various types of compensation, depending on the circumstances of the accident and the extent of the injuries.
Injuries resulting from forklift accidents commonly occur in the workplace, and it’s worth noting that forklifts are not covered by CTP insurance. However, depending on the circumstances, forklift injury claims are typically evaluated according to CTP insurance scheme regulations, with compensation being provided by the workers’ compensation insurer at risk.
If you or a loved one have been injured at work in a forklift accident, you might be able to claim lump sum payments, including compensation for:
- Loss of income, including superannuation
- Pain and suffering – also known as non-economic loss
- Domestic care and assistance
- Permanent impairment as per the workers’ compensation scheme
- Lump sum compensation if your employer was responsible for the accident due to negligence
- Lump sum if a third party was responsible for the accident due to negligence
If you are unable to return to work due to your physical or psychological injuries, you may also be able to claim a lump sum payment through your superannuation. This is called a total and permanent disablement (TPD) claim.
Steps to Take to Make a Forklift Accident Claim
If you have been injured in a forklift accident, it is essential to take the following steps to protect your rights and maximise your compensation:
- Seek medical attention: Your health and safety are the top priority after a forklift accident. Seek medical attention immediately, even if your injuries seem minor at first. Keep all medical records, invoices and receipts as evidence of your injuries and treatment.
- Report the accident: Notify your employer or supervisor of the accident as soon as possible. File an accident report and make sure to include all relevant details, such as the date, time, location, and witnesses. Your employer has a legal obligation for the health and safety of everyone in their workplace, including visitors, called duty of care.
- Consult an expert forklift accident lawyer. A lawyer who specialises in forklift accidents can help you navigate the complex legal process. They can also assess the value of your claim and negotiate with the insurance company to ensure you receive your full entitlements and the compensation you deserve and need.
Forklift accidents can cause serious injuries and have long-lasting effects on the lives of those affected. If you have been injured in a forklift accident, it is crucial to understand your rights and entitlements. Seeking the advice of an expert forklift accident lawyer can help you navigate the complex legal process and ensure that you receive the compensation you are entitled to. Remember, there is no cost to speak to a forklift accident lawyer and find out how much compensation you can claim. With the proper support and guidance, you can focus on your recovery and move forward with confidence.
How Stacks Goudkamp Can help.
Forklift accidents generally involve two compensation claims, with entitlements being paid under the motor vehicle accident and workers compensation schemes.
By choosing Stacks Goudkamp to represent you for your forklift injury claim, you will be in the best of hands. You can be confident that your lawyer will have the knowledge, experience and dedication to do their very best to ensure that your claim is successful and that the compensation process is as stress free for you as possible.
We will act for you on a No Win, No Fee basis. We will also examine how your injuries have impacted your ability to participate in the activities you enjoyed prior to the accident and your ability to continue working. We conduct thorough negotiations with at-fault parties and insurers in order to obtain the maximum amount of compensation you are entitled to. In many cases, we are able to do this successfully without the need of going to court.
Written by Tom Goudkamp
Tom Goudkamp OAM is the Managing Director of Stacks Goudkamp. He has over 40 years of experience acting for injured people