In New South Wales, the path to compensation after a forklift incident may not be straightforward. Depending on the circumstances of the accident, injured parties may be eligible to pursue either workers’ compensation benefits or a motor vehicle accident (MVA) claim – and in some cases, both. Understanding the distinction between these legal pathways is crucial for ensuring workers and victims receive the financial support they need to recover.
Where Do Forklift Accidents Occur?
Workplace Incidents
Within workplaces, forklift accidents may occur due to:
-Warehouse workers on foot and vehicles navigating the same space
-Multiple vehicles operating in the same space
-Narrow operating spaces and blind corners
-Improper loading of goods
-Mechanical failures
-Uneven terrain or unstable structures
These incidents can lead to serious injuries when forklift safety isn’t enforced, forklifts tip over, or when loads become unstable and fall. Typically, these types of accidents will be handled by the Workers Compensation regulator, but may sometimes involve third-party liability claims.
Road-Related Incidents
When forklifts operate on public roads or in areas accessible to the general public, the legal implications shift significantly. Incidents on public roads can occur during transport between worksites or when forklifts are used for deliveries in commercial areas. These situations often involve interactions with passenger vehicles, pedestrians, or other road users who may be unfamiliar with forklift operations and their limitations.
Loading and unloading accidents in commercial areas present particular risks due to the mix of workplace operations and public access. Parking lot accidents are especially common, as these areas often serve as transition zones between workplace and public spaces. The limited visibility, tight turning radius, and weight distribution of forklifts can make them particularly hazardous in these semi-public spaces. Under these circumstances, the claimant may need to make a CTP claim instead of, or in addition to, a workers compensation claim.
Workers' Compensation Claims
When Workers’ Comp Applies
Workers’ compensation coverage extends to employees who are injured while performing their job, regardless of fault. The key requirements include the existence of an employer-employee relationship and the incident occurring within the course and scope of employment, i.e. the worker must have been engaged in activities that form part of their role and on behalf of their employer at the time of the injury.
For forklift operators and nearby workers, compensable injuries can range from acute trauma (severe physical injury) to cumulative conditions (back strain, repetitive stress injuries, etc.). The “course and scope” requirement generally covers any work-related activities, including operation, maintenance, loading, unloading, and even training exercises involving forklifts.
Benefits Available
Workers’ compensation provides a comprehensive package of benefits designed to support injured workers through their recovery, including:
-medical treatment expenses,
-emergency treatment,
-ongoing rehabilitation,
-weekly wage benefits for periods of incapacity ,
-permanent disability compensation if there is permanent impairment, and,
-vocational rehabilitation services if the worker cannot return to their previous position.
Filing Process
The workers’ compensation claim process begins once the incident is reported to the employer.There are a number of steps to take and deadlines to be aware of when making a Workers Compensation claim. See our article on 5 Steps to Making a Workers Compensation Claim to learn more.
Motor Vehicle Accident Claims
When MVA Claims Apply
Motor vehicle accident claims become relevant when forklift incidents occur on public roads or involve non-employees. These claims operate under standard personal injury law principles, requiring proof of negligence and causation.
Unlike workers’ compensation, MVA claims can be pursued by anyone injured by a forklift, regardless of employment status, including pedestrians, customers, vendors, and other motorists.
GET HELP NOW WITH YOUR PERSONAL INJURY
Get in touch with our Personal Injury Compensation team
Types of Compensation Available
MVA claims offer broader compensation options than workers’ compensation, including:
-medical expenses coverage for past and future medical care,
-loss of wages and diminished earning capacity,
-pain and suffering damages, and,
Legal Process for MVA Claims
The legal process for MVA claims begins with gathering evidence and documenting the incident. This includes police reports, witness statements, surveillance footage, and expert analysis of the accident and injuries. Insurance companies for all involved parties must be notified, and negotiations typically begin after medical treatment is complete or the full extent of injuries is known.
If dispute negotiations are unsuccessful, litigation may be necessary, which includes discovery, depositions, and possibly trial, although most cases settle before reaching court.
Hybrid Cases and Special Considerations
Third-Party Claims
Some forklift incidents may make an individual eligible for both workers’ compensation and third-party claims. For example, a worker injured by a forklift operated by a contractor may be eligible for workers’ compensation through their employer while also pursuing a personal injury claim against the contractor. These hybrid cases require careful consideration of competing insurance schemes to facilitate maximum recovery of compensation for the injured person.
Insurance Considerations
Multiple insurance policies may come into play in forklift incidents. Workers’ compensation insurance provides the primary coverage for employee injuries, while CTP insurance may cover incidents on public roads. While general liability policies typically cover incidents involving non-employees or occurring in public areas.
Complex cases may also involve umbrella policies, which provide additional coverage beyond primary policy limits. Understanding the interplay between different insurance coverages is crucial for maximising recovery. Insurance policies may have different exclusions, limitations, and coverage triggers that must be carefully analysed to ensure proper claims handling.
Steps to Take After a Forklift Incident
Immediate Actions Following an Accident
Seeking immediate medical attention should be the top priority, even if injuries seem minor at first. Many serious conditions may not show immediate symptoms but can worsen without proper treatment, and all injuries should be thoroughly documented by medical professionals.
Proper incident reporting is essential for preserving legal rights, which includes notifying supervisors, filing required reports, and documenting all relevant details while memories are fresh. Evidence preservation is crucial – photographs, videos, and witness contact information should be collected immediately. Physical evidence, including damaged equipment or materials, should be preserved when possible.
Legal Considerations
Early legal consultation can help protect your rights and avoid common pitfalls in both workers’ compensation and MVA claims. Insurance companies often contact injured parties quickly, seeking statements or offering quick settlements. Before providing statements or accepting settlements, injured parties should understand their rights and the full extent of their injuries.
Document preservation extends beyond the immediate accident scene. Medical records, correspondence with insurance companies, and proof of lost wages should be carefully maintained. Social media activity should be limited, as insurance companies often monitor these platforms for information that could harm claims. A legal professional can provide guidance on appropriate documentation and communication strategies throughout the claims process.
Thinking of Making a Compensation Claim? Call Burke Mead Lawyers Today
If you have been involved in a forklift accident and are unsure if you’re entitled to compensation, you can contact our legal team for further information about your responsibilities and potential outcomes.
The team at Burke Mead Lawyers are experts in personal injury law and compensation claims, and can assist you throughout this process.
Key Takeaways
- Forklift incidents may qualify for different compensation pathways depending on where they occur. Workplace accidents typically fall under Workers' Compensation, while incidents on public roads or involving non-employees may qualify for Motor Vehicle Accident (MVA) claims, and sometimes both avenues can be pursued simultaneously.
- Workers' Compensation applies to employees injured while performing job duties regardless of fault, covering medical expenses, emergency treatment, rehabilitation, wage benefits during recovery, permanent disability compensation, and vocational rehabilitation services if needed.
- MVA claims require proof of negligence and are available to anyone injured by a forklift regardless of employment status. These claims offer broader compensation including medical expenses, lost wages, diminished earning capacity, and pain and suffering damages that aren't available through Workers' Compensation.
- After a forklift incident, priorities include seeking immediate medical attention, properly reporting the incident, preserving evidence, consulting with legal professionals before providing statements or accepting settlements, and maintaining thorough documentation of all medical records and correspondence with insurance companies.
