run over by a shippers forklift

Interesting. Does your company have a policy prohibiting drivers from entering a trailer for any reason? Ours does and in that case you are on your own with the receiver.
Since you were on receiver property and entered the trailer at the direction of an employee of that company and he then ran over you I would think that that company is liable for all legal bills. It is the job of the company at fault to deny they are responsible to save money so I'm not surprised at this but most usually pay up. Might be a fight on your hands, however.
A company that my girlfriend works for has a policy that drivers are not allowed into a trailer for any reason. The driver was standing by the dock in the safety zone watching the unloading of the trailer to verify the product coming off as it was a multi stop load and a pallet set off to the side fell on him. He dislocated his shoulder among other things. Of course, the receiver claimed it was not their fault but it clearly was. They even called the driver a few times to "see how he was" and tried to get him to admit it was his fault so they could use that in any hearing. Beware of phone calls from that company and do not talk to them for any reason. This is what lawyers are for.

 

They would be getting run over by my lawyer. You can't be too safe. You might be injured for the rest of your life and don't even know it yet.

 

that's true. you need to get that company to admit liability so that if in the future you have nerve damage or something else come up you have somewhere to go with the claim.

 

I agree, get a lawyer. I'm betting the lift truck driver is trying to cover his arse. Probably telling his people he never told you to help him, you were in the way, etc.

 

It sounds like the company is at fault. They should take care of the medical bills. If that is all you are looking for, it might be easier to file it on the worker's comp. Otherwise, you may need to get a lawyer to take care of it. You will need to decide whether it is worth the hassle.

 

Another thing: If the receiver has a policy in place preventing drivers from either entering the dock area or the trailer during unloading and the forklift driver let you do this over the course of the entire trailer and did nothing then I would think that would make them liable right there but I'm not sure on that. When all is said and done the fork driver ran you over. Period. It is his fault.

 

If you are a company driver, your company's workmans comp may cover it, since it did happen in the course of your job. They in turn may go after the company whose forklift driver actually did the damage to you. But you should NOT put one cent of your money into any bills for all of this, and whenever being treated for anything related to it, say it is a workmans comp injury.

If you are an O/O, get a lawyer quick.

 

maybe if your screen name was 'newfastford' you might have gotten clear in time...just kidding! glad to hear nothing is broken. I think if it were me, I'd contact an attorney, if you haven't done so already

 

NOT if company policy prohibits a driver from entering a trailer. If he does it he is entering the trailer at his own risk and the company could fire him for violating company policy.