FALLING OFF THE BACK OF A LORRY

May 15th, 2008 Hinchliffes

Published in Truckstop News - November 2007.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors deals with the problem of “FALLING OFF THE BACK OF A LORRY”.

“Falling off the back of a lorry” conjures up images of cartoon antics and shady dealings, but anyone who has suffered this type of accident takes the matter very seriously indeed. Accidents can be caused by - a defect with the lorry or trailer - the means of getting on/off the lorry or trailer - difficulties with the load.

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. Older trailers may have worn uneven surfaces, with gaps or holes in the floor creating tripping hazards. Some flatbeds have holes so containers can be attached, but when there is no container these are not always covered. A safe means of storing items (eg loose straps, ropes or cables) should be provided; otherwise they can cause tripping accidents. Whether you 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. If the trailer has curtains or fixed doors, there should be a means of securing these to prevent movement in the wind.

Care needs to be taken when you get onto or down from the back of the lorry or trailer (or when getting in and out of the cab). To help you gain safe access to the back of the vehicle you should have small ladders or adequate footholds and grab handles securely fixed in place. If these are worn or broken they should be repaired or replaced. As well as the risk of you falling, trying to clamber onto a trailer without a good means of access can lead to strains or hernias. When getting down from the trailer avoid jumping, as there is a clear risk of injury. Even trying to slide down from the trailer can result in arms and wrists getting caught in straps or on rigid metal brackets, which could cause torn muscles and tendons or broken bones.

You may not have been involved in the loading process and be unaware of how the load was stacked or secured. Items may be strapped to pallets and the strapping could be loose or badly attached. Any straps trailing on the floor create an obvious hazard. Some loads are stacked high and when unloaded become unstable and fall without warning. There is also the hazard of being struck by the FLT. In a small delivery yard the FLT may only be able to unload from one side of the trailer, and you may be required to drag the pallets using the strapping, which might break causing you to lose your balance and fall, or the pallets may be too heavy for you to safely move on your own.

Your employer has a duty to provide you with a safe system of work and adequate properly maintained equipment to enable you to carry out your job without risk of injury. When delivering to someone else’s premises they have a duty not to put you at risk by their procedures or the actions of their staff. Whoever breaches this duty can be liable to pay you compensation for injuries and financial losses. However, you also have a duty to be aware of your surroundings and avoid taking risks wherever possible, but even if you were aware of the defect (in equipment or working practices) and still suffer injuries a claim for compensation may be possible, but the value of the claim could be reduced to reflect your part in the accident.

QUESTIONS & ANSWERS

I fell from my trailer while helping to unload it - should I make a claim against the owners of the site or my employer?

If you fell because there was a defect with the trailer, eg broken flooring that caused you to trip or oil on the trailer floor on which you slipped, then it is likely responsibility would rest with your employer. However, if you fell because of the actions of the business you were delivering to, the claim would rest with them. Depending on the circumstances, sometimes liability is divided between both the employer and the site owner.

I slipped on a greasy patch on my trailer. I have been told that I should have seen it was greasy and avoided that spot, and the accident was therefore my fault. It this right?

It is common for employers to say that the defect was obvious, that you are the author of your own misfortune and have no claim. In the overwhelming number of cases this is not correct. Primary liability would rest with the employer, although there may be a reduction in compensation for contributory fault for you not remembering to avoid the greasy patch.

Company policy is that only one side of the curtains are opened when unloading, but my manager told me to open both sides as this would speed things up. When I went to move the pallets on the trailer, one of them was knocked by the forklift truck and I was thrown off balance, and because the curtain was open I fell to the ground. Can I still make a claim even though was I was not following company policy?

In this case, a claim would be likely to succeed because you were taking a direct order from a superior. Even if you were acting on your own initiative, and in doing so breached company policy, it may be that what you were doing was the only way in which you could get the job done. If so a claim may still be possible but you might have a reduction in your compensation for contributory fault. Fortunately, the Courts are well aware that you are expected to get on with it and get the job done.

ENDS

(Other Personal Injury FAQs)

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