Abstract: On September 2, 2005, Employee #1, a forklift driver and a coworker, truck driver, were working for an employer in the business of construction clean up and dumping. At the time of the accident, the employer was in the process of cleaning up a new residential construction site. Employee #1 and the coworker were unloading an empty trash container on to the street. The coworker stood by as Employee #1 parked the Champ CB50 Forklift, Serial Number CC714554, approximately 20 ft behind the trash container. The road was paved and sloping down towards the trash container at approximately 15 degrees. Employee #1 turned off the forklift engine, set the brake, and exited the drivers' seat. The coworker #2 got in the truck cab to wait for Employee #1 to remove the tarp that was draped over the trash container. Employee #1 approached the trash container and as he began to remove the tarp he felt something hit him from behind, he looked down and noticed that one of the forks of the truck he just parked had penetrated his body and had pinned him against the trash container. Employee #1 sustained a through-and-through stab wound entering through the back left of the spine and exiting through the abdomen. Employee #1 was hospitalized and treated for his injuries. Employee #1 was a full time employee.