Following a forklift truck accident at work, an injured labourer was referred to Thompsons Solicitors in Scotland by his union so that we could pursue personal injury compensation on his behalf.
The background
On the date of the accident in October 2018, our client had been working in a wash bay at Moray Copperworks where he was employed. Large items would be moved in and out of the wash bay using forklift trucks and our client needed the assistance of a forklift truck to remove a vessel from the wash bay.
He walked into the warehouse to alert a forklift driver and, as our client entered the warehouse, the forklift driver brought his vehicle to a halt. Our client assumed the driver had seen him and he approached the vehicle so that he could speak to the driver.
However, without looking around, the driver made a sudden manoeuvre, swinging the truck towards our client. The vehicle ran over our client's feet and knocked him to the ground.
Our client immediately felt severe pain in his feet. The next thing he realised was that the driver was by his side and other colleagues were arriving at the scene of the incident.
An ambulance was called and the injured employee was taken to Dr Gray's Hospital in Elgin.
The consequences
Our client had suffered a fracture to his big toe on the right foot. There was significant soft tissue damage with de-gloving to the front of the foot. There was also significant soft tissue damage and de-gloving to his right ankle. His left foot was also injured in the forklift accident.
The injuries our client had sustained required significant treatment including a one week stay in hospital. He later underwent skin graft surgery.
He was referred for physiotherapy and continued to feel pain and soreness for many months. He required further surgery to treat his toenails.
Our client was absent from work for a significant amount of time and when he was able to return to work after four to five months he was only able to undertake restricted duties. He was also unable to undertake his normal level of overtime. He lost out on around £6,000 of wages as a result of the work accident.
The settlement
At the time of the incident our client was wearing safety boots and had undertaken manual handling training. He had received no other health and safety training and had not been trained in working alongside forklift trucks.
We intimated a claim against our client's employer in relation to their vicarious liability for the forklift driver's negligence in failing to check his surroundings before moving the vehicle.
The defender admitted liability and a work accident claim settlement was agreed before litigation commenced.
Our client accepted an offer for £60,000 in personal injury compensation on 5 May 2022
