Deliberate Intent Accident

Case Description/Summary:  

A subcontractor’s employee was assigned by the exposing employer to assist with the offloading of coal car wheel sets.  A forklift was used to discharge and move a set of wheel sets approximately 40 feet from a flatbed trailer. The injured employee was instructed by his supervisor and rough terrain forklift operator to stand next to the suspended load and steady it between the flatbed truck and the storage area. During this procedure, the forklift ran over the employee’s left foot.

Expert Analysis/Summary:

A safety and human factors analysis included a review of all relevant depositions and other discovery documents, reports, training records, photographs, etc. In addition, a review of relevant research materials, codes, and standards related to acceptable workplace safety practices and standards was performed.

Based upon the review and analysis it was determined that the individual’s employer, the exposing employer, met their duties regarding training and proper supervision.

Results:    Case Settled

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