$800,000 Compensation for North Coast man Injured on a Pallet Jack

Published 20 Jul 2015

Mr P was employed by a labour hire company who contracted him to go to work for a packing company.

Mr P was to be employed as a general labourer and yard hand. Prior to his commencement Mr P was not provided with a proper induction and so he was not shown how to use the write on pallet jacks in an appropriate way.

Shortly after his commencement of employment Mr P was using a ride on pallet jack which involved him pulling down on the straight bar to a 45degree position to operate the pallet jack which was a ride on. The battery was low at the time and Mr P was not aware of this fact. As Mr P travelled in the grounds of the defendant, the battery died and he could not stop the ride on pallet jack and as a result collided into a parked forklift sustaining injuries.

Mr P contacted the offices of Gerard Malouf & Partners as he was not aware of what his potential legal rights were following such an injury which resulted in him sustaining significant injuries which prevented him from returning to work.

Legal Action Taken

Gerard Malouf & Partners provided Mr P with advice that he was entitled to sue the owner of the forklift as a result of it being faulty and for failing to train him.

Proceedings were commenced in the Supreme Court and shortly after medical examinations were arranged for Mr P in order to determine the level of his injury, his need for future treatment, the effects of the injury on his capacity to return to employment, and his need for domestic care. Once those reports were received, the liability report was also obtained on the issue of whether the ride on pallet jack was defective and what the defendant could have done to prevent this accident.

The evidence that was obtained was specific evidence to assist in achieving the best possible outcome for Mr P.

The evidence was served onto the defendant’s solicitors who then indicated their willingness to participate in a mediation.

The parties attended a mediation and after many hours of negotiations the parties agreed to resolve the matter in the sum of $800,000. Mr P was thrilled with the result noting that that amount of money was going to assist him with retraining and re-entering the workforce noting that the injuries that he sustained had prevented him from returning to work at the time.

Gerard Malouf & Partners Compensation Lawyers were pleased to be able to assist Mr P by obtaining a significant result and assisting Mr P in restructuring his life in order to support his wife and children.

If you have been injured in similar circumstances and you are unsure as to whether you have any rights, then please do not hesitate to contact our offices on our toll free number 1800 004 878 to arrange a no obligation, consultation with one of our accredited personal injury specialists.