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compensation following an accident
illness or injury - nationwide
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21st-century workplace legislation, namely the Health and Safety (Offences) Act 2008, makes it even more imperative than ever that employers do all within their power to prevent workers suffering injury in forklift truck accidents.
As a result of the legislation, it is now possible for employers, managers and even careless employees to face prosecution and the potential of a custodial sentence in the event that there is a serious breach of health and safety.
David Young, a lawyer with a leading international firm, explains, "If a forklift truck driver is shifting things around a yard and he's properly trained but larks around or drives carelessly he risks prosecution. Just the risk is enough, there doesn't need to be an accident or an injured person.
"The new power means that a careless forklift truck driver is more likely to go to prison. Breaking even the most minor health and safety laws can lead to prosecution. It could be anything from failing to take responsible care for others' lives to supervisory roles such as carrying out risk assessments."
Yet, despite the introduction of the new act, forklift truck accidents continue to happen. In early 2009 one such workplace incident resulted in a company pleading guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974 after a worker sustained fatal injury when he was crushed unloading a container of dye.
Although the incident, which occurred in 2005, predated the latest piece of legislation, it did result in the company concerned being ordered to pay a fine of £10,000 as well as the issuing of a stern warning from the HSE.
Health and Safety Executive inspector Richard Clarke commented, "This was a tragic accident that could have been prevented had a safe system of work been in place. The container had a specialist mechanism for emptying it, but an improvised method was used when the incident happened.
"Two containers had successfully been opened and an attempt to unload the third was taking place when it slid off the front forks of the truck and tragically crushed [the victim].
"Employers have a responsibility to ensure that the right equipment is used for the job and to ensure that loads are safely secured. That wasn't the case in this incident, which sadly led to the loss of a man's life."
No win, no fee work injury lawyers and forklift accidents
If you have suffered injury in a forklift truck accident the no win, no fee solicitors on our workplace litigation panel will be able to help you.
All our specialists are drawn from panel firms governed by the Solicitors Regulation Authority, a Law Society body with a strict Code of Conduct, and will be able to represent your forklift claim on a cost free basis.
This means that, win or lose, you will never be liable for any costs, fees or disbursements - an undertaking that is inclusive of both ours and the opponent's.
And, since, we never take a cut, all successful claimants can be assured of 100 percent compensation.
To let us help you assess your entitlement to personal injury compensation, without any pressure or obligation, fill out an online claim form, echat or call us now, on 0800 10 757 95.
