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You’re driving along in your forklift truck as part of your working duties when suddenly something goes wrong. The vehicle could suddenly stop and lose power; a wheel could fall off; a pipe could burst and injure you; the list goes on. But rather than looking at all the eventualities of how a forklift truck could break and injure you, let’s look at whether you can claim for personal injury compensation if the forklift truck breaks and you are injured as a result.

The Law

A forklift truck would commonly fall within the category of work equipment. As such, it’s covered by The Provision and Use of Work Equipment Regulations 1998 – a very important piece of legislation. In fact, the reason it’s so important because it places a heavy burden on your employer when it comes to work equipment.
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It sounds like something from a slapstick comedy sketch; but it’s normally no laughing matter if you are the victim of falling through an open trapdoor. The injuries can be serious if the height of the drop is considerable.

So if you have been the unfortunate victim of falling through a trapdoor, are you entitled to claim for personal injury compensation?

As a member of the public

As a member of the public, whoever is responsible for the trapdoor has the duty to ensure that no one is hurt as a result of it. The common law that applies here is the Occupiers Liability Act which imposes a duty on property owners to take all reasonable steps to ensure visitors are not injured.
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The reason why there are so many rules and regulations when it comes to health and safety in the workplace is to avoid employees being injured through entirely preventable accidents. Despite the fact that the rules and regulations are numerous, we take on and win a high volume of work accident compensation claims for personal injury.

When it comes to scaffolding accidents, the injuries can be devastating. There are a few regulations that cover health and safety when it comes to scaffolding accidents, so you should never end up falling through scaffolding. Whether the scaffolding was not erected properly or whether it was unsuitable, or whether it had become defective, you have a strong claim for compensation if you have fallen through scaffolding at work and being injured.
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One of the last things you expect is to be hit by shutters! Having dealt with these claims in the past we know it can be quite a shock to the victim and the injuries can be fairly serious as well; ranging from head injuries and neck / shoulder / back injuries similar to whiplash.

So if you are hit by a shutter, can you make a claim for personal injury compensation?

Your Rights as a Visitor

Generally speaking, if you are a member of a public at a supermarket or a shop or in another public place and you are hit by a shutter, the applicable law is the Occupiers Liability Act. This imposes a duty on people to have a responsibility to look after visitors to their premises. Being hit by a shutter can happen in a number of ways – the shutters are faulty and come down; they are not secured properly; or you are the victim of an employee’s negligence.
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Many people want to know how much they can claim for. Some people will be approached by insurers to settle their claims directly without a solicitor. They will tell you to “cut out the middleman” and settle quicker with them. They may even tell you that they will give you a little extra since they won’t be paying legal fees.

But here is a serious warning for you – DON’T BE FOOLED AND DON’T GET MUGGED!

Lawyers Get You MORE

The Law Society recently ran a campaign called “Don’t Get Mugged” which confirmed that people who claim with a solicitor can get up to 2-3 times more than if they deal direct with an insurer. So we thought we’d have a quick look at a small spread of a few recently settled cases to so how much more The Injury Lawyers can get for you.
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There are loads of rules and regulations that employers must abide by in order to protect their employees from being injured in the workplace. When it comes to work equipment, there are specific regulations to cover this: The Provision and Use of Work Equipment Regulations 1998.

When it comes to guards on machines and equipment, the regulations that are most important state the following:

Dangerous parts of machinery
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Slipping and falling to the ground in any location can be a proper embarrassment; but slipping in a toilet is often seen as the ultimate, embarrassing slip situation to be involved in.

Given that toilet floors are, for want of a better phrase, usually wet from water and other substances, slipping accidents are more common than you think…

So what are your rights when it comes to making a slip injury compensation claim if you have injured yourself in a public toilet?
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As the cold snap in the UK marks the end of what was a summer of some seriously scorching weather, potholes will no doubt be on the rise in the coming weeks and months as water slips in to cracks in the surface, freezes, expands, and breaks open the ground. And with the rise in potholes comes the rise in tripping and falling accidents.

So what are your rights when it comes to making a claim for personal injury compensation if you trip in a pothole that was specifically on a car park?
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People tend to be in such a rush nowadays that accidents and injuries are fairly common. When it comes to accidents in supermarkets, we take on a lot of claims for personal injury compensation. A fair few of these involve claims when a person is hit by a shopping trolley.

It can do a serious amount of damage; particularly if your leg or ankle is hit. We have seen fractures and serious ligament damage from being hit by a trolley. An impact with a trolley can also lead to a fall to the ground which can of course cause serious injuries as well.
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When it comes to accidents in a gym, we may be able to help you if something has gone wrong and you are injured through the fault of the people responsible for the gym. So I’m not talking about taking too much weight and injuring yourself, or falling over when using the treadmill. I’m talking about gym equipment breaking and causing an injury.

One example: let’s say you’re using a weight machine and something snaps causing you to take more weight than you can handle. Or perhaps a weight falls off and the sudden shift in weight causes an injury. In these kinds of scenarios, you may have a claim for personal injury compensation. Suddenly taking more weight or suddenly losing weight you were holding can cause a whole host of muscular and ligament injuries.
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