Laws and legislation for forklift accidents in New South Wales
Forklift accidents are governed by Workplace Health and Safety laws and legislation. This means that you are protected under the laws and legislation that New South Wales has in place for Workplace Health and Safety. New South Wales complies with the Work Health and Safety Act 2011. This is a federal law that defines ‘health’ as both the physical and psychological wellbeing of workers. It is also important to note that NSW has a special insurance authority dedicated to motor accidents. The State Insurance Regulatory Authority (SIRA) regulates motor accidents, CTP and workers compensation insurance, as well as the home building compensation fund in NSW.
What might forklift accident compensation cover?
Depending on the extent of your injuries, you may be eligible to claim compensation for some or all of the following expenses:
- Medical expenses, including surgery, medical imaging, specialist consultations, medications and more
- Rehabilitation costs such as physiotherapy, home modifications and chiropractic treatments
- Loss of future income
- Any future care if your injuries prevent you from performing common tasks around the home, from personal care and cleaning to maintaining your home and garden
- General damages, including pain and suffering
The compensation that you may be entitled to receive will vary depending on the severity of your injuries and their predicted future outcome. Reach out to our team of claim advisors to discuss your case and learn more about the compensation you could be entitled to.
What are some common types of forklift accidents?
Given the size and weight of forklifts, it shouldn’t come as a surprise that a variety of different accidents could occur while the machinery is in use. Some of the most common types of forklift accidents that occur in the workplace include:
- Forklift rollovers – often occurring as a result of accelerating too quickly, braking sharply, turning too fast, travelling down an incline with a load, or moving an unbalanced load
- Collisions – when another worker is hit by a forklift or two forklifts collide
- Cargo-related incidents – when a forklift loses its load, injuring workers in the vicinity of the machinery
- Tripping – when workers trip over the forklift or when getting in or out of the machine
- Repetitive injuries – occur when a forklift operator performs the same movements over and over, causing muscular strains
What are some common injuries sustained during forklift accidents?
The types of injuries sustained during forklift accidents can vary greatly from case to case and depending on the circumstances surrounding the accident. Some common injuries resulting from forklift accidents include:
- Crushing injuries
- Strains and sprains
- Vertebral injuries, including fractured vertebrae, whiplash and herniated discs
- Head injuries, including concussions, wounds and skull fractures
- Spinal cord injuries
- Lacerations, including cuts and wounds
How much compensation may you be eligible to receive?
A variety of factors are considered when determining how much compensation a forklift accident claimant will be awarded. Although there will be many different considerations when each case is assessed, some common factors include:
- The extent of the injury. Injuries that are more severe tend to attract more compensation.
- The age of the claimant. Younger claimants typically receive greater compensation than older claimants as their injuries will affect their employment prospects and general health for longer.
- The occupation of the claimant. If the claimant will not be able to perform their occupation as a result of their injuries, they may receive additional compensation.
- The health of the claimant prior to the accident. Claimants who were fit and active before their forklift accident may experience a greater impact on their lifestyle.
How do you start a forklift claim in New South Wales?
Should you need to make a workplace health and safety claim, there are processes to complete beforehand. All workers in Australia are covered by WorkCover; a compulsory insurance. Workplaces across Australia must provide this insurance to all of its full-time, part-time and casual workers; it is often referred to as workers compensation.
Ordinarily, you are entitled to claim workers compensation benefits within the meaning of the Motor Accidents Injuries Act. For forklift claims, you may be able to make a civil claim if there was a third party involved that caused you injury. You may also be owed monetary compensation. This is because when you are at work, your employer is responsible for your health and safety, as shown by the Work Health and Safety Act 2011. The best way to see if you have a potential claim is to contact What’s My Claim Worth to discuss your case.
What is the claims process?
What’s My Claim Worth can help you start the process to receive the compensation you deserve for your forklift accident claim. Starting this legal process can result in monetary compensation for you, as well as potential new orders surrounding workplace rules within your place of work.
It should be noted that this isn’t necessarily an easy process. Speak to What’s My Claim Worth to see whether your forklift accident claim in the workplace case can progress.
How long does a forklift accident claim take?
Much like other types of claims, the timeframes of forklift accident claims can vary depending on the circumstances surrounding your case and how long it takes for your injuries to stabilise. Get in touch with our team of claim advisors to discuss your case and how long it may take to receive compensation.
Why should you choose What’s My Claim Worth?
What’s My Claim Worth’s helpful claim advisor can help you understand the value of your claim, as well as your eligibility to claim. Once confirmed, we can then put you in touch with the best legal professionals to handle your forklift accident claim — no win, no fee (excluding defendant costs if the claim is litigated).
Frequently asked questions
How much does it cost to make a forklift accident claim?
All lawyers who work with What’s My Claim Worth operate on a no win, no fee basis. If your claim isn’t successful, you won’t be required to pay anything. If your claim is successful, however, you will need to pay all relevant legal costs. Once you’ve consulted with our claim advisors and are matched with a forklift accident lawyer, they will outline all potential costs so you can decide whether to proceed with your claim or not.
Who pays forklift injury compensation?
The compensation paid from a successful forklift injury claim will generally be paid through your employer’s workers compensation insurer or, in some circumstances, a CTP insurer. The circumstances of the accident, including where it occurred, will help to determine who is responsible for paying compensation for a successful claim.