Worker struck by a forklift on worksite receives $680,000 compensation

Published 25 Oct 2013

Mr P was employed by company x by a picker and packer. On 24 April 2011, whilst he was at work his food was run over by a forklift being driven by another employee in the warehouse. As a result of the accident Mr P suffered fractures to his foot and he had to be conveyed by ambulance to hospital where his foot was operated on.

Mr P was unsure as to whether he had any rights to lodge a claim and he was of the view that his claim was limited to a workers compensation claim. When Mr P consulted our offices, he was informed that he also had possible public liability claim and a motor accident claim arising from the same incident. Mr P was unaware of this and was delighted to hear we may be able to achieve greater compensation for him above and beyond what the workers compensation scheme offered.

A claim was made against his employer and also the company which employed the forklift driver. A Statement of Claim was filed in the Sydney District Court and after several months of preparation the parties met for the purposes of mediating the matter. At the mediation the insurer took the view that the accident was a motor vehicle accident because our client’s injury had arisen as a result of the vehicle being driven, and there was a negligent driver. That being the case, the damages were assessed under the motor accidents compensation act and rather then just receive lump sum compensation under workers compensation scheme, the claimant also received pain and suffering, past and future treatment expenses, past and future wage loss, past future care allowances.

As a result the insurer offered Mr P a large sum of money which he accepted and he was delighted with the outcome.

If you have been injured at work and you are unsure whether you are entitled to anything apart from workers compensation, you should contact our offices on our toll free number 1800 004 878 no obligation advice as to your rights. We may be able to assist you in making other claims and achieving a better outcome.