Employee receives compensation after being struck by an unregistered forklift on employer premises

Published 23 Aug 2013

We acted on behalf of Mr M who was a Truck Driver employed by a company based in Seven Hills in New South Wales. He had arrived into the company’s car park area for the purposes of having his truck loaded and was waiting by his truck at the time. It was dark and it was raining and whilst he stood by his truck an unregistered forklift that was owned by the employer drove around the bend and ran over his foot, causing severe fractures to his foot.

As a result Mr M sort legal advice from the offices of Gerard Malouf & Partners Compensation Lawyers and he was advised to seek compensation from the employer on the basis that the claim was against an unregistered and uninsured forklift and on the basis that the claim would fall under the Motor Accidents Compensation Act NSW.

A claim form was prepared and submitted against the owner of the forklift, the employer and after a period of time a Certificate of Exemption was obtained and proceedings were commenced in the District Court of New South Wales.

The matter was prepared for Hearing however, prior to the Hearing of the claim the insurer indicated the willingness to resolve the matter. The insurer advised that because the vehicle was uninsured in circumstances where it would be driven in and around the yard and also out of the grounds other people working in the area were exposed to a risk of harm and for that reason the insurer conceded that perhaps the forklift ought to have some sought of insurance to protect people against those types of injuries. For that reason, the injurer indicated the willingness to resolve the matter and after substantial negotiations the matter resolved for $900,000.00.

If you have been injured on a work site as a result of being struck by a unregistered forklift then you to may have rights to make a claim under the Motor Accident Compensation Act 1999 against your employer on the basis that the forklift ought to have had insurance. If you are unsure as to whether you have a claim then please free to contact our offices on our toll free number on 1800 004 878 and make an appointment to speak to one of our highly specialised staff.