Q: An employee was hit by an forklift while crossing the aisle way. Person hit was looking in the opposite direction.
There was another forklift turning at the intersection, so the employee waited for the truck to clear and he started walking. He did not see the other truck speeding through the intersection and he monentarly looked in the opposite direction several feet into the intersection. The lift truck slid with 91 inches but hit the employee 67 inches into the slide. Can the employee hit be at fault along with the driver?
A: I am not quite sure if you are speaking of only employees who have injured each other. In Illinois if you are an employee and are injured by a non-employee (here maybe another truck driving through an intersection-not clear) then you could possibly have a work comp case against your employer if you had a definite accident and the medical injuries are related to the accident. Second, if an outside party (non-employer based) which are sometimes referred to as a "third-party" injured you then you can sue them too but you must prove negligence, or fault. So if there is a third party the alleged fault of person not paying attention may be a factor or defense in the "third-party" case but not the work comp case. You should contact an attorney immediately as these are complicated issues. Any attorney worth their salt will do free consultation, as I would.
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