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What are your rights for making a claim for personal injury compensation if you are hit by a forklift truck at work? Can you sue your employer even if it was caused by the negligence of a colleague?
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work injury claim adviceWhilst there are a lot of workplace health and safety regulations that people must abide by, companies still cut corners and the volumes of injured employees is still fairly high. We take on and win a huge amount of work accident compensation claims, and sometimes we cannot believe that the employer has allowed this to happen.

A common scenario is employees being injured from climbing pallets. So let’s look at your rights for making a personal injury compensation claim if this has happened to you.
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accident at work claimsAlthough a mundane task, picking up boxes at work can unfortunately result in injuries if the boxes have been over-filled, stacked incorrectly or there are obstacles in the way meaning that the relatively simple task of moving a box becomes rather more complex.

The main regulations that govern these types of claims are the Manual Handling Regulations 1992 as this type of task is normally classed as a manual handling activity. Under these regulations, the employer’s duty is to avoid manual handling as far as is reasonably practicable if there is a possibility of injury. If this cannot be done then they must reduce the risk of injury as far as is reasonably practicable (source).
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tripped over missing drain coversMissing grate covers can result in a lot of accidents and consequently a lot of injuries. Fortunately, in most cases you will be entitled to bring a claim for compensation for the injury you have suffered and any consequential losses arising from this. For example – if you suffer an injury such as a broken leg, you may not be able to work for a couple of months and therefore suffer a loss of earnings; this is something we would always strive to claim back for you.

Claims arising from missing grate covers may appear straightforward on the surface but unfortunately this isn’t particularly true, as they can be quite difficult.  There are two areas where these accidents commonly occur; on somebody’s property or property within the jurisdiction of the local highways authority.
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fallen down open hole claimsFor the purpose of this blog, we’ll look at the following common sets of circumstances: Open holes in the pavement / highway, open holes in the workplace and open holes on a construction site.

Highway Act Claims

These are the most common when it comes to missing manhole covers. But other common circumstances are workman opening up the ground and failing to secure the area properly. If proper guards and cordons / railings are not erected, it’s no surprise that people can end up falling down an open hole and seriously injuring themselves.
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broken handrail compensation claimsWe take on and win a high volume of claims for personal injury compensation. We are used to dealing with all sorts of different types of accidents and circumstances in which people are injured.

Whilst there are many ways you can be injured, the law that applies is usually the same when it comes to injuries in public places like shops, restaurants, or supermarkets; known as the Occupiers Liability Act. When it comes to defective premises claims against a landlord, the law is also similar. So too is it for incidents at work in which the applicable law is commonly The Workplace (Health, Safety and Welfare) Regulations 1992.
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weight restrictions at workWhen working it is important to know how and what you are lifting. The Manual Handling Operations Regulations 1992 attempt to bring in set standards for how manual handling should be carried out at work. However, it does not set a level of weight which should not be lifted.

What the Regulations seek to achieve

It is not the weight of something which should solely be taken into consideration as it can be inaccurate when determining what can be lifted. There is instead a series of measures which should be taken by employers which are as follows:
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petrol station forecourt claimsPetrol stations can be dangerous places for slip and trips and it is important to remember that the owners of the forecourts have a duty of care over your safety. This is provided by the Occupiers’ Liability Act 1957.

Common Accidents in Petrol Stations

Common accidents in petrol stations include slipping on the petrol/diesel spilled on the forecourt floor. It is possible to slip on any oil which cars have leaked which should have been cleaned. Trips are also common from the petrol pumps and any items which have been dropped or may be sticking out.
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slipping accidents from leaksI imagine that one of the last things you expect when you’re out and about is to suddenly come crashing to the ground due to slipping on a substance on the floor. The embarrassment alone is bad enough, never mind the devastating injuries you can end up with.

So what is your entitlement when it comes to claiming for personal injury compensation if you slip on a substance that has leaked on the floor? Say, in a shop / supermarket, or a restaurant perhaps?
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fork lift truck accident claimsYou’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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