Archive for the 'Lifting Accidents' Category

Published in Truckstop News June 2011.

In this issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors considers HOW TO AVOID TAIL LIFT ACCIDENTS AND INJURIES.

The financial consequences of reported accidents involving a fall from a vehicle (not taking into account the accidents that are not reported) show that there is an annual cost to the transport industry of over £35M, and a considerable percentage of this results from falls from truck and trailer tail lifts.  Sometimes it is only the goods that fall, perhaps onto someone below, but often it is the driver who takes a tumble.  This type of accident frequently results in some form of injury and occasionally with a catastrophic outcome.

To ease the situation, over time truck and trailer manufacturers have developed tail lift guards and also increased the slip resistance of tail lift surfaces.  However, somewhat surprisingly, it is not currently a legal requirement for all tail lifts to have guard rails.  Instead there is a legal responsibility on the user of the vehicle (normally the driver’s employer) to carry out a risk assessment and reach a decision whether guard rails should be provided.  Only where the height a tail lift is required to reach exceeds 2 metres, is there an actual obligation to provide handrails or safety guards.

Published in CVDriver February 2011.

This is the second in a series of articles written by solicitor Steven Hinchliffe, who is the owner and Principal of the specialist Personal Injury firm HINCHLIFFES SOLICITORS.

In these articles he will consider various issues relating to the accidents commonly suffered by professional drivers and the sometimes devastating injuries they sustain.  The firm has many years of experience in handling accident claims on behalf of injured victims – not only recovering millions of pounds in compensation, but also securing medical and other rehabilitation treatment to aid their recovery and return to normal life. 

This article deals with some basic health and safety issues that professional drivers need to bear in mind to keep them safe.

From my many years’ experience of handling injury compensation claims made by professional drivers it appears that significant problems can arise when delivering or collecting a load, more so than on the roads.  It is therefore not surprising that regulations place responsibilities on both employers and employees with the aim of reducing the risk of accidents happening and people being injured.

Published in Truckstop News July 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “THE IMPORTANCE OF STRONG MEDICAL EVIDENCE IN SUCCESSFUL PERSONAL INJURY CLAIMS”

What is the role of medical evidence in personal injury claims and why is it so important?  To make a successful claim for personal injury compensation, you need to prove three things.  Firstly, that someone else had a legal responsibility for your safety and welfare; secondly that they failed in their responsibilities towards you; and finally that you suffered an injury as a direct result.  No matter how serious your injuries are, you will only be able to recover accident compensation if the first and second criteria are satisfied.

The phrase “falling off the back of a lorry” conjures up images of cartoon frolics or shady dealings, but anyone who has suffered this type of accident takes the matter very seriously indeed.  These accidents can be caused by a defect with the lorry or trailer; when getting on or off the vehicle, or by problems with the load.  Any failure by the employer to provide a safe system of work that leads to an employee suffering an injury can result in that employee making a successful accident compensation claim.

A trailer (whether open, curtain sided, enclosed or refrigerated) might be slippery with water, ice or snow, and on occasion oil or grease.  Whatever the substance, this creates the risk of slipping and the possibility of an accident at work claim arising.  Older trailers may have worn uneven surfaces, with gaps or holes in the floor creating tripping hazards.  Some flatbed trailers have holes so containers can be attached, but when there is no container these holes are not always covered and this creates a potential danger.  There should be a safe means of storing items such as loose straps, ropes or cables; otherwise they can cause tripping accidents.  Trailers that have curtains or fixed doors should have a means of securing these, to prevent movement in the wind.  Whatever the cause of the slip or trip, you could fall against the load, onto the trailer’s surface or even worse to the ground below and suffer serious injuries.

Many workers suffer with back pain caused by various factors, including the requirement to lift objects or perform general manual handling tasks while at work.  They may experience instant discomfort caused by a specific accident, or a gradual onset of symptoms over a period of time that would be classed as an industrial disease.  These situations often result in the injured person making an accident compensation claim against their employer.

The term “manual handling” is used to describe a wide variety of work related tasks, including lifting, lowering, pushing, pulling, carrying, moving and holding or restraining an object, animal or person.

Although back injuries are common in this type of accident at work claim, other more serious injuries may also be caused, for example muscle or tendon damage.  Also, heart conditions may arise because of the nature of the initial injuries suffered and the length of time they take to heal.  These types of incidents at work often lead to a successful work accident claim, with the injured person receiving significant personal injury compensation.

To pursue an accident compensation claim following an accident at work you must prove that your injuries were caused by the negligence of another party.  This will usually be your employer, but might include workers from other companies.  Employers have a duty to ensure the safety of all the people on their premises, whether they employ them or not, and if they fail to do so then personal injury compensation could be awarded for successful accident claims.

Work accident claims are often made for injuries suffered because the work equipment provided by an employer was faulty, poorly maintained, defective or even dangerous.

Some basic elements need to exist for a successful accident compensation claim to be made.  The most common types of accident claims are a road accident claim or an accident at work claim.

To succeed in an accident compensation claim, the accident must have happened because someone was at fault and the victim suffered an injury.  The other party must have been aware that their actions (or lack of action) could cause injury, and which is commonly the situation when they are either another road user or an employer.

Published in Truckstop News June 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “INJURIES COMMONLY SUFFERED BY TRUCKERS IN WORK ACCIDENTS”.

This article considers the types of injuries commonly suffered by truckers every day, while at work.  Highlighting particular accident situations and their consequences may help to increase awareness of the dangers they face.

An accident can happen at any time while at work.  This may be on the road driving from one depot to another, during the loading or unloading process, or even when simply walking around a company’s premises waiting for instructions or for a vehicle to be made ready. 

It is normally necessary for an injured person wishing to claim personal injury compensation to start Court proceedings in support of their claim within three years of the date of their accident.  If they do not do so the claim will usually be lost, as it will have become statute barred because of the provisions of the Limitation Acts.

However, the Court of Appeal recently decided that when Judges are exercising their discretion whether or not to waive the three year time limit, they should not automatically regard the person or company responsible for causing the accident to be prejudiced by removing their ability to use the passage of time as a defence.

Published in Truckstop News – May 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “TRAILERS – HAZARDS THAT CAN RESULT IN ACCIDENTS”.

My many years’ experience of injury compensation claims made by truckers suggests that more problems arise when delivering or collecting a load than on the roads.  It is therefore not surprising that regulations place responsibilities on both employers and employees to help reduce the risk of injury.

Employers’ basic duties in this regard include:-

•  undertaking risk assessments and planning the loading and unloading of vehicles so as to avoid or minimise the need to work at height;
•  ensuring there are well designed access points to vehicles and trailers;
•  fitting additional safety equipment if necessary, eg access ladders or non-slip surfaces;
•  providing protective equipment, eg slip resistant footwear;
•  ensuring work equipment is well maintained;
•  recognising problems with particular vehicles and responding to suggestions, eg for preventing falls from those vehicles;
•  ensuring supervisors check how people get on and off vehicles, and enforce safe systems of work.