INJURIES COMMONLY SUFFERED BY TRUCKERS IN WORK ACCIDENTS

June 3rd, 2009 Hinchliffes

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.

The most common form of injury suffered while driving is whiplash, particularly when a vehicle is struck from behind. Even relatively low speed impacts can cause problems with the neck, shoulders, or back. Fortunately, many of these injuries heal quickly, usually within a few weeks, but in some cases they can take months and occasionally years to completely resolve.

Side on impacts can cause more extensive injuries when the driver is thrown around in the cab. The result could be a more serious back or leg injury, a dislocated shoulder or broken collar bone. There might also be facial injuries including a broken nose, broken teeth or cuts that leave a scar. If the front wheels of the vehicle were struck and the ability to steer was affected, this might lead to broken fingers or jarred wrists.

More severe injuries are suffered when a vehicle overturns or strikes another vehicle or object (eg a bridge or central reservation). If the collision happens at speed the effects can be devastating, and in the worst cases may lead to a fatality. However, in these situations if the injured driver was in fact the cause of the accident, then they have no right to be compensated, no matter how severe their injuries are. Only if the accident was at least partly caused by someone else can a successful personal injury claim be made.

Many truckers become the victim of accidents during the loading and unloading process. Loading pallets onto trailers by hand can be particularly dangerous, especially if the load is heavy or the floor of the trailer is not clear or is icy. Pallet trucks may get stuck or slide about and trying to control them could result in a strained back, twisted knee or twisted ankle. Trying to manoeuvre a heavy weight can also result in a painful hernia. Pallets may be badly packed and if the seal breaks, items may fall. Objects falling from a height could cause injuries to the face, arms and upper body.

There are instances of truckers falling from the back of vehicles, suffering broken arms and legs. A serious back injury is also a common consequence of this type of accident. There are numerous causes of such falls, including a slippery trailer surface, tripping over debris, or a strap that is being used to drag a pallet breaking without warning. If the employer has failed to provide a safe system of work or appropriate work equipment, they are likely to be held responsible for the injuries suffered and be required to pay compensation.

FLTs are immensely powerful and heavy machines, capable of inflicting serious injuries. Truckers and depot workers may suffer a glancing blow from the FLT, but in this situation the injury suffered is likely to be minor. However, if one of the forks catches their foot, the result could be a de-gloving injury where the skin is torn away from the foot. This is an immensely painful injury that might take a long time to heal and leave extensive scarring. Also, a heavy pallet might fall from the forks of the FLT, resulting in major crush injuries to the whole body.

The work premises themselves can be hazardous. Drivers climbing down from vehicles might find they have unknowingly placed their foot on uneven ground or into a pothole and suffer a twisted or broken ankle. Debris littered throughout a depot might cause a trip, or patches of water or oil in a traffic route might become a slipping hazard, and falls could result in injuries, particularly to the hands and wrists when used instinctively to try and break the fall.

It can be difficult to place an accurate valuation on an injury, until a medical report is obtained. Recovery times differ from person to person, and an existing and perhaps unknown weakness can significantly increase the effect of a minor injury. Accidents resulting in cuts and bruising lasting for a few weeks with some scarring can merit compensation of over £2,000. Minor whiplash with a full recovery within 12 months could be worth around £2,350. A broken nose or minor soft tissue injury may have a similar valuation. A broken limb would merit a higher figure, from £3,500 upwards, depending on the severity of the injury, and of course more serious injuries with long lasting consequences would attract much higher awards. Compensation can also be recovered for financial losses and specific expenditure as a direct result of the accident. However, rarely does the payment of compensation truly compensate for the trauma of an accident.

QUESTIONS AND ANSWERS

I am careful about my personal safety at work, but sometimes the trailers are in an appalling state when nobody bothers to clean them out before putting in the next load. When I try to do some cleaning, my boss criticises me for wasting time as he wants the lorry back on the road. Where does this leave me if I have an accident?

Your employer should provide a safe system of work and if he pressures you into working in unsafe conditions and you are injured, you would likely be able to make a successful claim for compensation.

My leg was crushed against the side of a lorry by an FLT. The company has admitted liability, but it will be months before I am fit for work and bills are piling up. What can I do?

Solicitors acting for claimants must explore with the opponent’s insurers the possibility of rehabilitation treatment to assist recovery. In your case, this could be physiotherapy or a minor operation. You ought also to receive a payment on account of your eventual compensation. Check with your solicitor that these issues are being considered.

ENDS

(Other Personal Injury FAQs)

PERSONAL INJURY CLAIM SOLICITORS:-

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