run over by a shippers forklift

They could fire him but that won't relieve them of their liability IF they were liable here, which they're not...

To the OP, if you didn't file a report on site, I'd call a lawyer, you may have relieved them of their liability unless they have cameras on the dock...I don't care who you work for, if you're injured on a company's property by their employee, that company is liable regardless of ANY rule your company has...It could be used to limit YOUR company's liability(if they were at fault here), but it wouldn't eliminate it...

 

Did u put yourself on duty while you were helping out on the dock?

quad core project butter smoothness

 

Liability aside, I'm curious as to why the lift driver would even move the equipment when he didn't know your exact location and status. Especially considering that he knew you were in the trailer with you.

Personally, when I find myself in a situation where equipment is moving towards me but its operator hasn't made eye contact, you can be sure that I'm working diligently on getting their attention while at the same time moving to put something big, heavy and solid between me and the equipment.

Just last week I was removing dunnage from the trailer as paper rolls were being unloaded with a clamp truck. I timed my entry / exit so as to be completely clear of the trailer before the truck came back for the next roll. I also carry composite-toe boots, but I don't wear them on the dock unless the shipper / receiver's policy requires it. Perhaps I should rethink that.

 

Perhaps you should rethink entering a trailer which was in the the process of having 5,000lb rolls of paper being removed. I'm pretty sure composite, steel or titanium toed boots would not help you much.

 

Its a workers comp injury hope you told that to the place you were treated at. I would contact the state office in VA and see what they have to say about it.
Company policy don't mean nothing except to the people that work their. You are covered under workers comp laws. Cover your behind because you may have problems with that foot for the rest of your days. Oh and they also have to pay you your wages lost.

 

Most docks (at least 90%) hubby and I go on have large signs directing the drivers to stay in a very specific loacation so that they are not in danger of being hit. My guess is that if these types of signs were in place you are S.O.L.

 

One Word "LAWYER!"

 

Thats why they dont want Truck Drivers inside the dock! Thats why we have to pay Lumper fees because of Liability situations like this one!

 

Right. That is the point. If a company has a written policy that says drivers are not allowed in the trailer for any reason and the driver then enters the trailer he is subject to discipline up and including termination. Anything that happens to him in that trailer is on him. SNI has that policy for the WalMart accounts due to the floors of the reefers being slippery. I had a couple of arguments with Backroom Mgr's at the stores who told me "hey driver. You have to get in here and help us restack the pallets." if they were nice I did and knew it was on me if something happened. If they were nasty or condescending my reply was " Hey, backroom manager, no I don't" Do it yourself.."We are not going to unload your trailer" "Oh yes you are" a call to the DC followed by a call from the DC to the Store Mgr on the satellite phone resolved that problem with the mgr looking like a fool. I kinda liked that part.