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14th July 2011

Firm pays compensation after pothole causes forklift accident

Fork Lift Truck toppled over

A fork lift truck driver who was left with an eight inch scar on his arm after an accident in the workplace has received compensation following help from his trade union.

The GMB member was left with a deep gash to his forearm and suffered bruised ribs and injuries to his leg and chest following the accident at his workplace in Sheffield.

The 49-year-old was driving the fork lift truck in the employers’ yard when it went over a sunken manhole cover and toppled. The truck spilled its load, a 300 kilo pallet containing 12 metal plates, which struck him as it fell.

Obvious scar left on his forearm

The member, who has worked for the firm for 26 years, needed steri-strips in his arm, which has healed but he has been left with an obvious scar on his forearm.

Following the accident he was put on light duties for a fortnight and had to take strong painkillers for a month to help manage the pain in his bruised ribs.

He contacted his trade union, the GMB, which instructed Thompsons Solicitors to pursue a claim for compensation. Thompsons argued that the employer should have undertaken a risk assessment which would have highlighted the sunken manhole cover as a danger.

The employer admitted liability and settled the claim out of court for £5,350.

The member said: “The accident has left me with a noticeable scar. I’ve got used to it but when I meet new people I do get self conscious.

“I wouldn't have been injured had my employers made sure that the yard was safe for vehicles that they knew would be in use there.”

A risk assessment could have avoided this accident from happening

Tim Roache from the GMB said: “The use of forklifts in this yard was well known and employers need to make sure maintenance includes yards where potholes can cause a serious hazard.

“Thankfully though unpleasant for our member this accident wasn't much more serious - he was extremely fortunate. Hopefully this employer has now repaired the manhole to prevent any more accidents from happening.”

Nikki Sharpe from Thompsons Solicitors in Sheffield added: “A simple risk assessment could have avoided this accident from happening in the first place and avoided our client being left with a prominent scar. Employers have a responsibility for their employee’s well being and that includes the upkeep of roads and surfaces used in their work.”

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