Case of forklift accident compensation standard

A production safety accident occurred in Taibo Qingdao Glass Company. Mr. Liu, the forklift driver, injured Mr. Wang, the warehouse keeper, on the way to transfer the glass, and died after being rescued. After the accident, the factory negotiated with the family of the deceased to compensate 6.5438+0.3 million yuan, and Mr. Liu also compensated 6.5438+0.3 million yuan in his own name, and obtained the understanding of the family of the deceased. Mr. Liu believes that the factory did not install warning lights on large working machinery such as forklifts as required, and there were no sidewalks and warning signs on the roads. The factory should bear the main responsibility.

Mr. Liu is a forklift driver of Taibo Qingdao Glass Company. On June 27th, he drove a forklift to transfer glass products as usual, and injured Mr. Wang, the warehouse keeper in the same factory as him. Subsequently, Mr. Wang was taken to the hospital for treatment, but died because of ineffective rescue.

After the accident, Mr. Liu was criminally detained on suspicion of negligent death. It was not until July 13 that he was released on bail pending trial. Mr. Liu himself felt very embarrassed about the accident. He told reporters that the speed limit in the factory is 5 kilometers, and the forklift is loaded with glass products, which is very slow. "I drove forward normally, and the height of the glass products did not block the line of sight, but suddenly I felt that the wheel ran over something. When I got off the bus, I saw that it was a person. "

How can people bump into people? He is still puzzled. "The monitoring has been taken away by the police now, and I can't see how it was hit."

Later, the factory negotiated with the family of the deceased to compensate 6.5438+0.3 million yuan, and Mr. Liu also compensated 6.5438+0.3 million yuan in his own name, which was understood by the family of the deceased.

According to Mr. Liu, there was no alarm equipment in the factory at the time of the incident. "According to the operation requirements, there should be warning lights on the forklift, and there should be special personnel around the forklift to direct the operation, but these were not in the factory when the accident occurred."

In addition, Mr. Liu also said that the internal roads of the factory where the forklift passes are very narrow, and there are no sidewalks and warning signs. "There are no warning signs in the factory operation area. It is very dangerous for people and vehicles to mix, and the factory must be responsible." Mr. Liu said that he was very scared after the accident. "I didn't shirk my responsibility, and I can't escape. The accident started with me. I have been blaming myself for the families of the deceased, and now I have been forgiven by my family. "

However, Mr. Liu believes that the responsibility for the accident should not be borne by himself, and the factory should bear certain responsibilities for violating relevant regulations. "I think this is a safety production liability accident, and the factory has been rectified after the incident. Now all machinery and equipment are equipped with warning lights and sidewalks. Everything before the accident was covered up. I think the factory is deliberately concealing it. "

Subsequently, Mr. Liu and his party came to Taibo Qingdao Glass Company, hoping to have a direct dialogue with the factory director, Manager Song, but Manager Song did not come forward and no one answered his mobile phone.

However, after Mr. Liu explained his intention, Taibo Qingdao Glass Company sent two staff members. During the conversation, Mr. Liu repeatedly mentioned that the factory did not set warning signs when the accident occurred. The two staff members did not deny the questions raised by Mr. Liu, but they did not admit the responsibility of the factory.

Both staff members said that the factory did not let Mr. Liu take full responsibility, and said that "6.5438+0.3 million yuan has been paid to the family of the deceased", indicating that the factory did not stand idly by. The staff told Mr. Liu that the safety supervision department has been involved in this matter, and the final result has to be handled by the safety supervision department.

legal ground

Article 17 of the Judicial Interpretation of Personal Injury Compensation stipulates that if the victim suffers personal injury, the compensation obligor shall compensate the medical expenses and income reduced due to missed work, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.