A forklift reverses in the warehouse, blind spot, striking a worker behind it. The consequences are irreversible — and trigger two parallel tracks: criminal proceedings against at-fault individuals and civil liability for the enterprise. Understanding both helps the victim’s family claim full entitlements and helps the business avoid being dragged down by a single accident.
1. Criminal handling: Article 128 or Article 295 of the Penal Code?
Which provision applies depends on each person’s role and conduct. The forklift operator who breached operating rules (reversing without checking, overloading, driving untrained) causing death is typically examined under Article 128 of the Penal Code 2015 on involuntary manslaughter. Managers or safety officers who let an uninspected forklift operate, assigned it to unqualified staff, or skipped safety training, where death results, may face Article 295 of the Penal Code 2015 on violations of occupational-safety rules. Both offences can coexist in one case, applied to different people.
2. The enterprise’s civil liability
Whoever faces criminal charges, the enterprise must still fully perform its duties to the victim’s family: under Article 38 of the 2015 OSH Law, relatives of a worker killed in a work accident receive at least 30 months’ salary plus medical and funeral costs; and under Article 591 of the Civil Code 2015, loss-of-life damages cover treatment costs, funeral expenses, maintenance for the victim’s dependants and moral-damage compensation. The enterprise may then seek partial reimbursement from the at-fault individual under employee material-liability rules.
3. Prevention: forklifts are legally "hot" equipment
A forklift is both in-warehouse transport and strict-requirement safety equipment — subject to periodic inspection under Article 31 of the 2015 OSH Law. Operators must hold forklift training certificates. Warehouses need separated pedestrian and vehicle lanes, convex mirrors, reverse alarms and speed limits. Every forklift accident starts with one skipped safety detail — and "we didn’t know" is no defence in law.
This article has been quality-reviewed by the FLAW AI Legal Council
Frequently Asked Questions
The driver holds a car licence but no forklift certificate?
A car licence does not substitute a forklift operating certificate; assigning the vehicle to an unqualified person is a violation, and the assignor may be liable if an accident occurs.
What can the victim’s family receive?
Employer compensation under Art. 38 of the 2015 OSH Law (at least 30 months’ salary to relatives) plus Art. 591 Civil Code 2015 items (funeral, dependants’ maintenance, moral damages) plus Work Accident Fund benefits if the victim was socially insured.
Can the company claim reimbursement from the driver?
Yes, under employee material-liability rules in the Labour Code 2019, but amounts and procedures must follow the law; the company may not offset against the family’s accident compensation.
Does an after-hours warehouse accident count as a work accident?
It depends on the investigation: if the worker was performing assigned duties or was at the workplace within a reasonable work-related time, it still qualifies.