If you have been injured in a scaffolding or fork lift truck accident and it wasn't your fault, then you could be entitled to make a No Win No Fee compensation claim.
Common types of fork lift truck accidents:
• Employees, customers or pedestrians being hit by forklift trucks.
• Loads falling off the forklift truck.
• Forklift truck over-turning.
• Forklift trucks colliding with goods which as a result fall and injure employees, customers or pedestrians.
Causes of fork lift truck accidents:
• Driver operating error.
• Inadequate maintenance of the forklift truck.
• Unsuitable premises for forklift truck use.
• Lack of training for forklift truck drivers.
• Inadequate supervision of forklift truck drivers and other employees working within the area.
• Others including heavy loads, poorly stacked pallets and obstructions.
Common causes of scaffolding accidents:
Many building and construction workers are injured in scaffolding accidents at work. The most common causes of scaffolding accidents are:
• Missing boards or base plates.
• Planking not being able to support the weight and giving way.
• Planks not being secured adequately and slipping out of place.
• Slipping on planks.
• Being struck by falling objects.
• Scaffolding incorrectly constructed or installed.
• Scaffolding worn out or inadequately maintained.
• Inadequate guard railing or toe boards.
• Inadequate ties.
• Insecure bracing.
• Defective foundations.
• Falls from ladders.
Under the Construction (Health, Safety and Welfare) Regulations 1996, the employer must ensure the scaffolding is safe to use, is correctly constructed under supervision and is inspected by a competent person.
Will I Lose my Job?
It is understandable that if you are injured at work, then you might be nervous about claiming compensation against you employer. However, in reality it is not legally justifiable for your employer to dismiss you for making a compensation claim.
Your employer has a legal duty to provide a safe environment of work for their employee's and is required to have insurance cover against such scaffolding accidents. This means that your employer's insurance company will pay your compensation and not your employer.
You can claim "General Damages" for your injuries, the 'pain and suffering' you have sustained as a result of the accident and for the 'loss of enjoyment of life' by, for example, not being able to pursue your hobbies.
You may also be able be entitled to claim "Special Damages" for lost earnings, potential loss of future earnings and for any expenses which are necessary to aid your recovery such as prescription costs, nursing care and rehabilitation costs. Please remember, each case is different, and accurate advice must be tailored to the individual case. Once you have started your claim, your solicitor will be able to give you a more realistic estimate of how much compensation you are likely to receive.
The insurance company of your employer may contact you and offer to settle your case, usually for far less than the amount an experienced solicitor could recover for you. Remember, insurance companies have got solicitors working hard on their side and so should you. Don't under settle your claim; always find an independent panel of solicitor's to help you to claim every penny you deserve!
