Who will be liable for a claim for a broken femur? I was working in a warehouse when I was hit by a forklift truck, resulting in my injury. I am unable to work for three months, but my employer insists that they are not liable for a claim. Is it possible to claim broken femur compensation?
You will be able to claim broken femur injury compensation in the event that your injury occurred as a result of the negligence of another party. This can depend on the manner in which your accident and injury occurred. Your employer has an obligation to provide you with a safe environment in which to work, and should an injury occur due to a lack of health and safety standards they may be liable for an accident. It is possible that you were hit by the forklift truck if the appropriate standards were not upheld, in which case your employer will be liable for your injury.
Your eligibility to claim broken femur injury compensation may be determined by Section 17 of the Workplace (Health, Safety and Welfare) Regulations 1992. First, your workplace must be arranged in such a manner that forklift traffic and workers can circulate safely, and the relevant risk assessments be carried out in order to reduce the likelihood of an injury. Second, if workers and traffic must use the same route it is necessary to ensure that there is sufficient space between them, separated by barriers if possible or by marking tape if not. Finally, employees and forklift trucks should have separate entry points and if these are not available, they should be created. If your employee is determined to have taken shortcuts with regards to the points as mentioned above, you may be entitled to claim compensation.
However it is possible that your employer had taken the relevant safety measures and is not liable for your claim to compensation. If it is determined that you had violated the measures your employer had put in place to avoid an accident, it is possible that contributory negligence played a part in your accident and injuries. For this reason you are advised to consult a personal injury* solicitor at the earliest opportunity in order to establish liability for your accident. A solicitor can also determine the strength of your claim and advise you on the amount of compensation to which you may be entitled. If you have further questions on making a claim for broken femur injury compensation, you are advised to consult a personal injury* solicitor at the earliest opportunity.