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Forklifts are a common and helpful piece of machinery in many types of workplaces. They are a useful tool for moving heavy objects, and in that way can help to prevent manual handling injuries like strained muscles or back problems. However, without - or sometimes even with - proper precautions, the use of forklifts themselves can cause injury.
Worksafe Queensland dedicates an entire safety alert to fatal and serious forklift injuries. They advise that forklifts cause many serious injuries and deaths each year in the workplace, and that these occur even when forklifts are operating at low speeds. In September 2021, Safework NSW reported that there had been 598 incidents involving forklifts, including 5 fatalities, in the preceding two years in that state.
If you’ve suffered a forklift related injury then you may be entitled to make a compensation claim. Murphy’s Law Accident Lawyers run work injury claims to seek a tax-free lump sum claim on a no win, no fee basis. Request a free and no obligation chat with our expert work injury lawyers to understand your rights and options.
Compensation for personal injury claims arising out of a forklift injury can be paid for:
The amount of injury compensation you can receive will depend on the seriousness of your injury, your prognosis (how likely you are to recover), and your personal and financial circumstances. It will also depend on having the right evidence, or proof, about your condition, how it has impacted your life, and what your ongoing treatment needs are going to be.
Evidence from medical professionals, such as your treating doctors, is very important and will need to be prepared and submitted in your claim. You will also need evidence about what you usually earn, what your medical expenses have been and are likely to be in the future, and any other losses you have suffered. Personal injury lawyers can also advise you how much you are entitled to for general damages for pain and suffering.
The most important aspect of your compensation benefits is that they enable you to get the help you need to recover as quickly and completely as you can.
Tragically, forklift accidents can cause fatal work injuries.
If a worker is killed in a forklift accident, their family members or other dependents may be entitled to claim compensation, including funds for funeral expenses. Payments of compensation may be a lump sum, or over time. Murphy’s Law Accident Lawyers can provide guidance to family members and dependents, and information about other help available.
Although not as common, forklift injuries can result from incidents outside the workplace, or where the worker’s compensation scheme does not apply. In those circumstances, family members and dependents still have an avenue to seek compensation for their loss. This is provided by legislation.
A claim for ‘wrongful death’ can be made by or on behalf of:
In order to claim, there must be proof that the deceased person would have been able to claim for their injuries if they had not proven fatal. This is often done by showing that the fatal accident was caused by someone else’s negligence, or failure to take proper care for the safety of the deceased person when they had a duty to do so. Claims must be made in the courts within 3 years of a person’s death.
Many people appreciate the support of an experienced and sympathetic legal team when navigating a wrongful death claim, particularly since it must be made at such a difficult and stressful time in their lives.
Time limits for personal injury claims are strict, which means that you can lose your right to compensation if you don’t submit your claim in time. Personal injury and workers compensation lawyers can advise on the time limits that apply to your situation.
As a general guide, a person making a forklift accident claim will have three years to make their claim for compensation in court. However, you may be required to give the person you want to claim against a notice within nine months of being injured.
For worker’s compensation claims through WorkCover, there are shorter time limits - a claim must be lodged within just six months. A worker’s compensation claim can be made if the forklift accident occurred at the workplace or as part of work duties, and your employment was a significant contributing factor to the injury.
Where a personal injury comes from a single incident, like a motor vehicle accident (including a forklift accident), it is usually quite straightforward to work out when to lodge your claim. But for some personal injury claims, working out time limits can be more difficult, especially if the injury does not become apparent for some time after the accident. This can happen with musculoskeletal injuries like muscle strains, sprained ligaments or some back and joint injuries.
See us for a free initial consultation and a forklift accident lawyer in our team can give you the legal advice you need to ensure your rights are preserved. We may be able to represent you on a no win, no fee basis to claim the compensation you need.