Our client was employed by an employment agency and subcontracted to the work for another company as a delivery driver. He was making a delivery at a pub and was unloading the lorry. There was nobody from the pub there to operate the forklift truck so a colleague, also employed by the employment agency and subcontracted to the drinks supplier, took it upon himself to operate the forklift truck. He had started to lift the load, however, it started to slip and our client and another employee had to support the load to stop it tipping. The driver of the forklift truck then drove the lorry backwards and in doing so, trapped our client’s foot under the wheel of the forklift truck as a result of which he sustained damaged tendons to the left ankle. The claim was pursued against both the employment agency and the delivery company and after blaming each other for the responsibility of their employees.
The delivery company have now admitted liability for this accident.