Archive for December, 2014

Claim for Forklift Truck Injury will need Resolution in Court

Posted on: December 23rd, 2014

A claim for a forklift truck injury will be heard at the High Court in the New Year after no agreement could be reached on how much compensation a welder should receive for his injuries.

On May 21st 2010, Scott Fewster was working as a welder for the climbing wall and skatepark manufacturer – Highline Extreme – when a 40Kg metal frame fell from a forklift truck and hit him. Scott was knocked to the floor and sustained head and neck injuries as a result of the accident. He also suffered severe bruising all over his body and was diagnosed with soft tissue injuries to both forearms.

Scott (40) – from Wisbech in Cambridgeshire – was incapacitated for three months after the forklift truck accident; during which time he was unable to work or drive, and needed assistance to complete everyday tasks. Scott had three operations on his hands and wrists in an attempt to repair the damage they had sustained, but he still drops thing regularly due to reduced sensation in his arms and hands.

Once he had recovered from his initial injuries, Scott returned to working for Highline Extreme but he found the workload too demanding and left his job six months later. He remained out of work until February 2013, and is now only able to perform light duties for a maximum of 30 hours a week. It is unlikely that Scott will ever be able to return to heavy manual labour.

Scott sought legal advice and made a claim for a forklift truck injury against his former employers. Having been issued with an Improvement Notice by the HSE to formulate a safe system of work for loading and unloading lorries using a forklift truck, Highline Extreme acknowledged liability for Scott´s injuries, but the two parties failed to agree how much compensation Scott was entitled to.

Scott has alleged in his claim for a forklift truck that he still suffers from occasional neck pain, dizzy spells and stiffness in his neck which prevent him from pursuing hobbies such as judo, table tennis and drumming. The company dispute the extent of Scott´s ongoing disability and an assessment by a consultant neuropsychiatrist has been arranged to establish the long term effect of Scott´s injuries. Consequently, the claim for a forklift truck injury will now have to be resolved in the High Court.