Our client was a Yardsman who was assisting with the loading of metal barriers on to a Fork Lift Truck.  The fork lift truck driver had to extend the boom on the vehicle in order to line up the forks to lift each barrier, but failed to stabilise it first by putting down the front legs.  As he tried to lift the first barrier, the vehicle became unbalanced, tilting forwards with the forks striking our client on the back and shoulder, causing him to slip and fall.  He sustained lacerations and soft tissue injuries to the back and shoulder area and we were able to recover personal injury compensation for him of £1,600.

A brief summary of events is set out below.

Date of Accident:  May 2013

Time between formal instruction and successful conclusion: We took on the case in October 2015 and settled it in February 2016.

How the claim proceeded: Following the accident our client very sensibly asked that details of it be recorded in his employer’s accident book.  However, the entry made claimed our client had slipped and injured himself, with no mention of him being struck by the fork lift truck.  As such, when we contacted the employer’s insurers in October 2015 they initially disputed our client’s version of events and delayed giving us a liability decision until they had undertaken further investigations.  It was January 2016 before they admitted liability for the accident and proposed a low ‘pre-medical’ offer of compensation for our client which we rejected.  In order to ascertain the full extent of our client’s injuries to be able to value his claim, we had by this time arranged for him to be seen by a court appointed medical expert.  In early February 2016, we were in receipt of the written medical report and having also compiled details of our client’s financial losses were able to put forward a counter proposal for settlement to the insurers.  After a brief period of negotiation we were able to secure the sum of £1,600 for our client, which he was very pleased with.

Were Court proceedings necessary?: No.

Outcome:   The client secured £1,550 for his injuries and £50 for his financial losses, including his travel expenses to attend various Doctors and hospital appointments necessary following his accident.

Comment: Clearly this accident could have been avoided if the fork lift truck operator had stabilised the vehicle correctly before extending the boom and trying to lift heavy barriers with the forks.  If the employer had ensured better training and operating procedures were in place for its employees our client would not have been injured and it would not have been necessary for the insurers to pay him compensation.

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