Forklift Accident Lawyers
Forklift Accident Compensation Claims
If you were injured in a forklift accident in the workplace, you may make a claim for compensation under the Workers Compensation Scheme in NSW. Also, you may make a claim under the Compulsory Third Party (CTP) Scheme, which deals with compensation arising out of motor vehicle accidents. Reach our forklift accident lawyers to know your entitlements and how to claim them!
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In this blog, you will find information about CTP motor vehicle accident and Workers compensation claims. You can also learn about making a claim for modified common law damages, which enables you to receive a lump sum payment for your injuries resulting from a forklift accident.
According to SafeWork NSW, there are three main scenarios forklift accidents and injuries can happen: being hit or crushed by a forklift, being hit or crushed by a load that the forklift is moving, and being crushed in a forklift tip-over.
The organisation therefore advises employers on how to reduce risk around forklifts being used in workplaces and reminds their legal obligation to take necessary steps for safety.
In New South Wales (NSW), employers have certain obligations under work health and safety (WHS) law including the elimination of risk to workers’ health and safety, providing safety training and having a workers compensation insurance. Having workers compensation insurance enables an injured construction worker to be covered by their employers workers compensation insurer.
What does forklift accident compensation cover?
You may be entitled to income support payments, medical expenses, funeral expenses, vocational rehabilitation and lump sum if you were injured in a forklift accident from the Workers Compensation Scheme.
If you lost past earnings due to injuries sustained from a forklift accident, you may receive income support benefits from the CTP scheme. If you were at fault in the accident, the payments will either stop or be reduced in amount after 26 weeks depending on the degree of your fault. Also, if you only sustained minor injuries due to the accident, income support benefits will cease at the end of 26 weeks.
How can I claim compensation if I have been in a forklift accident?
In case of an injury from a forklift accident, firstly report the accident to the police. Then make a claim within 3 months by completing an Application for Personal Injury Benefits and getting your doctor to complete a Medical Certificate You should then submit both documents to the CTP insurer. This should ideally be done within 28 days so that you can receive income support payments from the date of the accident.
Can you make a claim for modified common law damages?
If you were not mostly at fault in the accident and your injuries are not minor/ soft tissue injuries, you will also be entitled to make a claim for modified common law damages which deal with any economic loss, both past and future including superannuation, that you suffered as a result of the injuries sustained in the motor vehicle accident.
You may also be able to claim lump sum compensation for pain and suffering and the like if your injuries are assessed as being greater than 10% whole person impairment.
What should I do if I got hit by forklift at work?
Depending on how the injury happened given it involves a forklift, you could be entitled to making a motor vehicle accident claim. That is in addition to making a workers compensation claim given it occurred in the course of employment. It is highly recommended to reach an experienced personal injury lawyer to get legal advice to know your entitlements.
Your entitlements generally include workers compensation benefits such as income support payments, medical expenses, domestic support, lump sum payment and depending on the whole person impairment of your injuries, a work injury damages claim.
What are the responsibilities of your employer?
As mentioned above, if you suffered an injury due to your employer’s negligence, you may claim further benefits. In NSW, all employers are obligated to maintain suitable conditions that can be seen below:
- make a safe work environment available
- take care of all relevant equipment/machinery and make sure they are working properly
- make sure all employees have sufficient training and supervision
- provide and maintain adequate facilities
- ensure personal protective equipment is provided
- inform about safety policies and emergency procedures
Can I make a work injury damages claim after a forklift accident at work?
Yes, like any other workers compensation claim, you may be entitled to a work injury damages payout if your injuries are determined at being 15% whole person impairment or greater and the injury occurred as a result of your employer’s negligence. Work injury damages payout can be rewarded by way of a lump sum payout for your past and future loss of earnings.
What is soft tissue injury?
Soft tissue injuries are typically those in muscles, tendons, and ligaments but do not include injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage. Whiplash injury is the most common type to be classified as soft tissue injury and therefore minor injury in the context of claims for forklift accident compensation.
People diagnosed with soft tissue injury as a result of a forklift accident are entitled to weekly income support, medical expenses, and domestic and personal care services, for 26 weeks from the date of the accident.
Frequently Asked Questions
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