Client left unable to work after being crushed in forklift truck incident | Fieldfisher
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Case Study

Client left unable to work after being crushed in forklift truck incident

Lewis Ayre settled an occupiers liability claim on behalf of his client Peter* who was crushed by an industrial toolbox weighing in excess of a tonne.

At the time, Peter was helping a work associate to collect an extremely heavy toolbox from an industrial premises. Given its weight, an employee from a neighbouring business offered to assist using a fork-lift truck. In the process of loading the toolbox, the forklift operator suddenly and without warning started the lift without allowing Peter to get to a safe distance. The toolbox toppled over, crushing Peter and pinning him to the floor.

According to the Health and Safety Executive guidance on operating a fork lift truck, such loads should never be lifted when someone is standing closeby.

Peter was taken to Royal London Hospital where he was diagnosed with severe pelvic injuries, requiring surgical fixation, leaving Peter with significantly compromised mobility, associated urological injuries and unable to work as a heavy vehicle mechanic.

Despite a denial of liability, Lewis was able to secure funding for private rehabilitation and an Immediate Needs Assessment was undertaken to establish Peter's rehabilitation needs.

Peter was subsequently provided with a comprehensive multi-disciplinary package of rehabilitation comprising private orthopaedic and urological review, physiotherapy, occupational therapy, psychological support and vocational rehabilitation. Interim payments were secured to offset Peter's inability to earn a living.

Access to fully-funded private rehabilitation has meant that Peter was able to make a good recovery and return to mobilising independently, though he will always suffer from some level of pain and restriction as a result of his serious injuries.

As the case progressed, Lewis gathered expert medical evidence from several specialisms to support Peter's claim. Almost three years after the accident, the Defendant eventually conceded primary liability but continued to allege that Peter was partially to blame. The medical evidence confirmed that Peter was unlikely to ever return to his pre-accident employment on a full-time basis.

Following exchange of expert evidence between the parties, Lewis was able to negotiate substantial compensation at a settlement meeting, which will ensure Peter's access to on-going treatment and therapies, as well as providing financial security as he makes a return to work.

*name changed

For further information about work accident claims and personal injury claims, please call Lewis Ayre on 0330 460 6788 or email


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Work Accident Claims