A Guide To Forklift Accident Claims

Are you wondering if you could be eligible to make a forklift accident at work claim? If so, this guide will look at eligibility for making personal injury claims after you have sustained harm in the workplace.

Working with machinery can pose a serious risk to employees if safety measures are not implemented. Moreover, forklift accidents can result in injuries that vary in severity. For example, they could cause both minor and severe or life-changing injuries. These could be psychological or physical and, in extreme cases, may be fatal.

To make a personal injury claim, you must prove that you were injured due to negligence. To define, negligence is the breach of a duty of care. Therefore, to make a workplace accident claim, your employer must have breached their duty of care, which resulted in you getting injured. This guide will explain the steps an employer is legally obligated to take to keep you safe and how you can prove if they failed to uphold these responsibilities.

Please read on to find out how compensation is calculated in forklift accident claims. Alternatively, contact our team of advisors to make any enquiries. To get in touch, you can: 

Select A Section

  1. Why Do Forklift Accidents Happen?
  2. Types Of Forklift Accidents
  3. Your Right To Health And Safety At Work
  4. Could You Claim For A Forklift Accident?
  5. How Much Compensation For Forklift Accident Claims?
  6. Call Us About Forklift Accident Claims

Why Do Forklift Accidents Happen?

Forklifts are man-operated machines used to transport heavy goods in places such as a warehouse, construction sites and large shops. While some goods in such areas may be moved by employees via manual handling, certain goods may be too difficult or time-consuming for employees to move on their own Therefore, forklifts are important, widely used machines which can be dangerous if not maintained or operated correctly. Forklift drivers must have received relevant training to operate the machinery. 

However, even if a forklift is operated correctly, an accident could still happen due to other factors such as defective work equipment, uneven floor surfaces and goods falling from the forklift.

It’s important to note that not all forklift accidents result from employer negligence. However, in order to claim, you must prove that your employer breached their duty of care and caused you harm. 

Contact our team of advisors for further information.

Types Of Forklift Accidents

A forklift accident can happen in various ways, such as:

  • Lack of adequate training: An employer may have failed to provide adequate and relevant training to someone before allowing them to operate a forklift truck. As a result, they may have been unable to stop the machine while operating it, causing them and other staff members harm.
  • Failure to carry out regular maintenance checks: An employer may have failed to check the forklift was safe to use regularly. As a result, an employee may have used a faulty piece of machinery causing them to sustain harm.

They can also cause injuries of varying severity. Some physical injuries you could sustain in an accident of this kind include: 

You could also suffer from psychological injuries such as anxiety, depression and stress. These injuries can seriously impact your quality of life. We can help you take steps to seek the compensation you deserve. Contact us today to discuss any aspect of forklift accident claims. 

Your Right To Health And Safety At Work

Under the Health and Safety at Work etc. Act 1974, your employer has a duty of care to ensure, so far as is reasonably practicable, your safety. Section 2 describes their responsibilities which include providing proper workplace training, carrying out maintenance, and assessing risks in the workplace. Therefore, a failure to carry out these responsibilities is a breach of their duty of care and could result in an injury for which you could claim.   

The Provision and Use of Work Equipment Regulations 1998 is legislation that requires equipment used for work to be regularly inspected and maintained and that the person using it is properly trained. Therefore, anyone not trained to use a forklift should not do so. 

Following on from this, it is important to note that as an employee, you are responsible for taking reasonable care of your own health and safety by adhering to health and safety policies put in place by your employer.

Contact us to find out if you are eligible to make a forklift accident claim. 

Could You Claim For A Forklift Accident?

To claim compensation for a forklift accident injury, you must prove:

  • Your employer owed you a duty of care
  • This duty was breached
  • This breach caused you injury

Following an accident, you should collect evidence to prove that negligence caused the injury as soon as possible. Some things you could gather are:

  • CCTV footage to show the accident.
  • Photographic evidence to show the hazard and injuries.
  • Witness contact details 
  • Medical records that can provide details of the injuries, prognosis and any treatments.
  • Work accident report book, this is used to make a note of accidents in a workplace with 10 or more employees. 

If you have any more questions about eligibility to make a claim, please contact our team of advisors today.  

How Long Do I Have To Make A Forklift Injury Claim?

If you’re eligible to claim compensation for a forklift injury, you need to keep in mind that there is a time limit that would apply to your claim. The Limitation Act 1980 sets a time limit of three years for you to file a personal injury claim in most cases. This three-year period typically begins on the date of the accident.

There are, however, some exceptions that could apply. For example, if a minor (under the age of 18) is injured in a forklift accident, the time limit would pause until their 18th birthday. Should an appropriate adult wish to claim on the child’s behalf, they apply to be a litigation friend during this pause and file a claim for the child. 

If no claim is filed during the paused period, the child could file their own forklift accident claim once they turn 18. They would have 3 years from their 18th birthday to do so.

If you would like to check how long you would have to claim or ask further questions about the process, you can contact our advisors for free legal advice.

How Much Compensation For Forklift Accident Claims?

Payouts received by claimants after successful forklift accident claims might be split into up to two parts, or ‘heads’, reflecting different areas of loss.

The main head of loss, called general damages, compensates for how the accident affected the person physically and mentally.

Those valuing this part of the payout will consider factors like:

  • How many injuries the accident caused.
  • Their severity and your predicted recovery period.
  • Your loss of amenity, meaning the impact of the accident on your ability to do everyday things like hobbies and help around the house.

You can see a table just below this, with a collection of compensation figures in quite wide-ranging brackets. Except for the top line, they all come from the Judicial College Guidelines (JCG), a document that can be referred to by people responsible for calculating compensation.

These figures offer a useful guideline, but it’s worth bearing in mind that cases are often so different that the amount received varies significantly.

Injury LevelDetailsCompensation Bracket
MultipleMore Than One Serious Injury Plus Financial LossCompensation addressing physical pain, emotional damage, and monetary loss like missed earnings or medical bills.Up to £1,000,000+
BrainVery SevereThe injured person will have little to no language function, little to no meaningful repose to their environment, and they will need full-time care. There will also be other issues.£344,150 to £493,000
BrainModerate (iii)The injury causes an effect on memory and concentration, reducing the ability to work. However, dependence on others is very limited. £52,550 to £110,720
NeckSevere (i)A neck injury involving paraplegia that's incomplete.In the region of £181,020
FootAmputation (One Foot)The injury results in the amputation of one foot.£102,470 to £133,810
LegSevere (ii)A very serious leg injury that results in permanent problems with mobility. They will need to use mobility aids for the remainder of their life. £66,920 to £109,290
ArmSubstantial DisablementThe injury will cause permanent and substantial disablement, for example, serious fractures to one or both forearms. £47,810 to £73,050
ArmSimple FractureThe injured person will have simple fractures of the forearm.£8,060 to £23,430
LegLess Serious (ii)A simple fracture of a femur. There will be no further damage to the articular surfaces.£11,120 to £17,180
ShoulderModerateThe injured person has soft tissue injuries or a frozen shoulder that limits movement and causes discomfort. £9,630 to £15,580

What Else Can I Claim For?

Some people actually find that the impact on their finances is even greater than the physical or mental effects, especially if their forklift truck accident prevents them from getting back to work.

A potential second head of loss, special damages, accounts for this. It compensates for the financial losses caused by the injuries. If you have relevant proof like receipts, bank statements and payslips, you could seek a payment for the likes of:

  • Medical bills.
  • The cost of getting professional care at home.
  • Lost earnings.

While it isn’t possible to say for sure what people will receive from making forklift truck accident claims, our advisors can provide you with a detailed valuation estimate. All you need to do is call today and share a few bits of information with us.

Call Us About Forklift Accident Claims

Our panel of solicitors can offer you a type of No Win No Fee agreement, known as a Conditional Fee Agreement (CFA). This can benefit you by eliminating the financial concerns of having to pay upfront and ongoing fees for your solicitor’s service. Also, you do not make any payments for your solicitor’s services if your claim is unsuccessful. 

On the other hand, if your claim is successful, you will pay a small legally capped percentage of your compensation, known as a success fee. 

For an assessment of your forklift accident claim, please speak to our team of advisors today. They can provide guidance on whether you’re eligible to claim and if you are, could connect you with a No Win No Fee solicitor from our panel. To find out more, you can:

A solicitor who is na expert in forklift accident claims

Work-Related Accident Claims

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Thank you for reading this guide to forklift accident claims. We hope it has helped, however, if you need any other information get in touch on the number above.