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Our team have successfully represented many ill and injured people in claims against their employer in a variety of different cases. We understand that every accident has its unique set of circumstances and that each client’s situation will differ significantly.
Due to the nature of the working environment, those working in logistics are one of the most frequent groups of workers we represent an employer’s liability compensation claims. Claims involving couriers/delivery drivers, van and lorry/HGV drivers are common due to spending long periods of time on the road and the necessity to manage potentially heavy or hazardous goods.
Driving a lorry or HGV obviously comes with risks, but your employer is responsible for your safety during the course of your employment. As such, those risks should be minimised by having the correct training and procedures in place to prevent an accident occurring.
There are many different scenarios in which your employer may have been negligent and as with most types of claim, no two employer’s liability cases are the same. Generally, however, in cases involving employed drivers, the failure of the employer can often be linked to one of the below areas. Our expert accident at work team is here to provide you with advice and assistance regarding:
- Inadequate safety checks
- Faulty / inadequate equipment
- Inadequate training for use of loading equipment (g forklift trucks) or hydraulic loading ramps
- Unsafe environment
- Failure to provide protective equipment
- Failure to provide adequate training
- Unsafe load
- Manual handling, repetitive or heavy lifting
- Industrial disease claims e.g contact with vermin or exposure to harmful substances
If we have not mentioned the accident or injury that you have suffered, this does not mean you do not have a claim.
Lorry or HGV Driver Road Accident
Whilst the load a lorry or HGV is carrying may make certain situations more dangerous, the drivers of these vehicles are also at risk of being involved in the same types of accidents as other road users. Common occurrences of road traffic accidents include driver impairment such as fatigue or illness, tailgating, failure to look properly, driver distraction (e.g mobile phones), vehicle safety and adverse weather conditions.
Being involved in any type of Road Traffic Accident is a traumatic experience but an accident involving large or heavy vehicles can cause particularly devastating injuries. Whether you were the driver of the lorry or HGV, or another road user that was not at fault for the accident, we are here to help. We can make a claim for personal injury compensation and any losses you have experienced as a result of the accident, so all you need to do is focus on your recovery.
If you are unfortunate enough to be involved in a road accident, you should always ask for details of the other driver and make a note of their registration number, make and model of the vehicle they are driving. You must then report the incident to the police and your employer as soon as possible and seek medical attention for any injuries you may have suffered.
From minor injuries to very serious ones, we will always deal with your case in a sensitive and highly professional manner whilst ensuring you receive the support and rehabilitation you require.
Our aim is to support our clients through every step of the claim process. We are proud to offer a level of excellence in legal practice which allows us to operate under the ‘Lexcel’ quality mark for legal practice management and client care. We are also members of the Motor Accident Solicitors Society and the Association of Personal Injury Lawyers, helping to bring justice to victims of accidents involving road traffic, and supporting the rights of victims of personal injury.
Claiming Against Your Employer
Through years of representing injured workers, we understand you may be apprehensive when it comes to making a claim against your employer.
Do not worry. Employers have a legal duty to provide safe working surroundings and are obliged to insure themselves against potential accidents. This means they are likely to have little involvement in the claim process. Instead, their insurer will deal with the process on their behalf much as we will do on your behalf. Our experience in this type of claim is extensive, making us your ideal representative in bringing a case against your employer. More information
Regardless of where you work, your employer has a duty to take reasonable care for your physical safety, as well as that of your colleagues. This has been the law since all the way back in 1837 with the landmark case of Priestley v Fowler which established that an employer owed a personal duty of care to their employee. Over the years this has been developed further by the courts and the most recent expression of it is that in Dusek v Stormharbour Securities LLP  EWHC 37 (QB) where the following was confirmed:
“Employers owe a personal, non-delegable duty to their employees to take reasonable care for their physical safety.”
This approach continued through the years and is reflected in regulations such as The Management of Health and Safety at Work Regulations 1999, and other regulations made under the Health and Safety at Work Act 1974.
Highlighting our expertise in accident at work claims, Consultant Solicitor, Brett Dixon, is a Fellow of The Association of Personal Injury Lawyers (APIL) and was recently elected President of the Association. Brett writes and delivers the Accidents at Work update course to other lawyers across the UK annually. He is a member of the Civil Procedure Rule Committee, and will be contributing to and editing the next edition of the APIL Guide to Accidents at Work due to be published shortly.
Your Responsibilities As An Employee
Just as employers are bound by regulations to protect their workforce, it is reasonable to expect that employees will take certain necessary steps to ensure their own safety in the workplace.
Areas in which employees must follow the guidance of their employer include:
- Carrying out tasks in the way that they have been trained
- Attending training when arranged
- Taking the breaks required of them by law (g driving hours rules)
- Obeying rules of the place in which they work
No Win No Fee Accident At Work Claims
Almost all of our accident at work compensation claims are funded through a no win, no fee agreement. This means there is no financial risk to you in pursuing a claim and you will only be liable for our legal costs should you be successful in your claim.*
For more detailed information regarding funding and legal fees, you can speak to a member of our team on 0800 195 9590.
*Terms and conditions apply.
Recent claims include:
- HGV driver suffers injuries to back and neck after a canister containing compressed air exploded under his seat whilst driving
- Man taken seriously ill with Weils disease after prolonged exposure to rats gaining entry to HGV cab
- Delivery driver suffers fractures and ligament damage to foot after stepping into an uncovered drain whilst unloading a delivery