Abstract: At 11:34 a.m. on May 9, 2003, Employee #1 impacted his fork lift on a pole and pinched his lower leg against a second pole causing a serious injury. The employer is involved in the manufacture of furniture. On the day of the accident Employee #1 was operating a fork lift. At the time of the accident Employee #1 was returning from the broken furniture storage area. He drove toward the loading dock and the recharging station in reverse, with the forks trailing. As he approached, Employee #1 turned the wheel and impacted a barrier post and then pinched his lower left leg between the second post and the fork lift. Employee #1 claims that he was driving at a moderate speed and the brakes failed on the fork lift. The employer claims that he was driving too fast for the area and he was standing sideways on the fork lift, negating the use of the "deadman" foot pedal which would stop the fork lift. The employer stated that fork lift mechanics checked out the fork lift and found nothing wrong with the brakes. It is unknown if the accident was caused by mechanical failure or operator error. Employee #1 was disciplined for the accident. The injuries sustained by Employee #1 as a result of the accident were an open fracture to his left tibia and fibula and he crushed the first, second and third metatarsal bones in his foot. After the accident Employee #1 was transported to St. Francis Hospital where he was admitted and treated for his injuries. Employee #1 stayed in the hospital for 4 days.