A Guide To Making A Forklift Truck Accident Claim

By Lewis Winehouse. Last Updated 6th January 2023. Welcome to our guide on how to claim compensation for a forklift truck accident. If you work in a warehouse or factory, you’ll probably be used to the speed at which things change. One minute there can be piles of stock waiting to be collected, the next it can be almost empty. The reason large amounts of stock can be moved so quickly is mainly down to forklift trucks. While they’re really important vehicles in warehousing, they can be the cause of accidents. Therefore, in this guide, we’re going to look at claiming compensation for forklift truck accidents. We’ll review what types of accident might happen, who could be to blame and when you could be entitled to forklift accident compensation.

Our team of advisors at Legal Helpline could help you begin a claim today. They offer free legal advice on the claims process. Also, they’ll assess your claim for free and on a no obligation basis. If they think your case might be won, they could introduce you to one of our panel of no win no fee solicitors.

how to claim compensation for a forklift truck accident

To discuss your warehouse accident straight away, please call 0333 000 0729 today. If you’d prefer to find out more about forklift injury settlements before calling, please carry on reading this guide.

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How To Make A Forklift Accident Claim

A forklift truck accident can have devastating consequences, and cause a variety of injuries, from minor to life-changing. However, not all forklift accidents will result in a claim. In order to make any kind of personal injury claim, you need to be able to prove that:

  • You were owed a duty of care
  • This duty was breached
  • You were injured as a result

While working, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). Under this legislation, employers are expected to take all reasonably practicable steps to keep their employees safe.

For example, this could include undertaking a risk assessment before asking an employee to drive a forklift, and providing adequate training.

If you were injured in a forklift truck accident because your employer failed to uphold their duty of care, then you may be able to make an accident at work claim.

Forklift Truck Accidents – Claim Time Exceptions

The time limit may not always necessarily start from the date of the accident. If you had only discovered your injuries, or the extent of your injuries at a later date, then you could be able to use the date of your medical diagnosis as the beginning of your 3 years to make a claim. This is in line with the information found in the Limitation Act 1980.

Exceptions also exist for those who are unable to represent themselves in legal proceedings. In some cases, accidents that involve heavy machinery, such as forklift truck accidents, could cause serious injuries to people that could limit or reduce their mental or physical capacity. A claim could still be made, but the time limit would be suspended until the point they recover, if this occurs.

If you are a family member or a close friend of a person who was injured in such a way, then you could be able to act on their behalf and start a claim acting as a litigation friend.

A similar exception is also in place for people who were under the age of 18 at the time of being injured in a forklift accident. Their claims will not be subject to a time limit, until the date they turn 18. They will then have 3 years to start a claim. A litigation friend can also claim on their behalf until they turn 18 at which point they will be required to represent themselves.

Please reach out to an adviser for any more information about claiming for forklift truck or fork lift truck accidents.

When you’ve completed this guide on how to claim compensation for a forklift truck accident, please get in contact with our specialist advisers. They can answer any questions that you might have. Also, they can assess your claim to see if you’re ready to proceed or whether more evidence is required first.

Causes Of Forklift Truck Accidents

As we have already stated throughout this guide, when making a claim for a forklift accident, you must prove that you were injured due to your employer breaching their duty of care. Some examples of how you could be injured in a forklift accident include:

  • Your employer informs you that, as part of your work duties, you must use a forklift but they fail to give you the proper training. This could lead to an accident where you become injured.
  • Being crushed against a wall by a forklift, due to improper training, a malfunction or the driver’s view being obstructed.
  • A forklift rolls over due to stock not being loaded and balanced properly; this could result in you being crushed or suffering a break or fracture, such as a fractured forearm.
  • Stock falling off of the forklift due to it not being properly secured and tied down. This stock could fall on you and injure you.

It is important to remember that not every forklift truck accident could lead to a claim. If all the reasonable steps and correct procedures were followed, but an accident still occurred, you might not be eligible for compensation.

Contact our advisors today for more information about forklift accident claims.

Forklift Truck Accidents – Example Compensation Payouts

The portion of a settlement for forklift truck accidents that is calculated to compensate for pain and suffering is called a general damages payment. To aid legal professionals in the calculation of this portion of a payout for forklift accidents, there are a few different resources to which they can turn. One of these is a publication containing figures based on past court cases regarding various personal injury claims. The publication is called the Judicial College Guidelines (JCG), and was last updated in 2022.

We have included some example figures from the JCG in the table below.

Type of InjurySeverityNotesAmount
Multiple serious injuries and special damagesSeriousMultiple serious injuries as well as financial losses like lost earnings and travel costs.Up to £1,000,000+
Arm InjurySevereInjuries which don't require the arm to be amputated but leave the person little better off than if it had been, e.g. a serious brachial plexus injury.£96,160 to £130,930
Ankle InjurySevereInjuries where the ankle is fixed with pins, plates and screws and requires a long amount of time in a plaster cast.£31,310 to £50,060
Leg Injury(iv) ModerateInjuries can include multiple fractures, complicated fractures and severe crush injuries to a single leg.£27,760 to £39,200
Leg InjuryLess Serious (ii)A simple fracture of the femur where there's no damage to articular surfaces.£9,110 to £14,080
Back InjuryModerate (ii)Injuries which result in muscle and ligament disturbance, causing backaches.£12,510 to £27,760
Neck InjuryModerate (ii)Soft tissue or wrenching-type injuries that result in permanent pain with limited movement in the neck.£13,740 to £24,990
Shoulder InjuryModerateA frozen shoulder that causes discomfort with limited movement with symptoms lasting for about 2 years.£7,890 to £12,770
Head InjuryMinorHead injuries where any brain damage will be minimal. The severity of the injury, recovery time, any continuing symptoms and the presence of headaches will all be considered when calculating compensation.£2,210 to £12,770
Wrist Injury(e)This compensation category covers simple Colles' fractures of the wrist.In the region of £7,430

However, we recommend you get in touch with us directly in order to get a more accurate valuation of your claim as the figures shown are not guaranteed. Your own circumstances will affect how much your claim could be worth. For example, a forklift truck accident in a warehouse could cause permanent issues for some people, where others may recover quickly.

Get in touch with our advisors today if you have any questions. We are available to help on a 24/7 basis.

Special Damages Your Settlement May Include

As part of your compensation claim, your solicitor would include any financial losses you’ve sustained as a result of your injuries. These are known as special damages. Some examples of what you could claim for include:

  • Medical Costs
    While the treatment you receive for your injuries will usually be free on the NHS, you might incur other costs. These could include prescriptions or over the counter medicine costs. Therefore, you could claim these back
  • Care Costs
    In some cases, you might need a carer to support you while you recover. If that happens, you could include the cost of a professional carer in your claim. Also, you might be able to claim back the time of a friend or family member who cared for you
  • Travelling Expenses
    When you have to travel to and from medical appointments, you’ll incur fuel costs and possibly car parking costs. Therefore, you could include these in your claim. Furthermore, if your injuries prevent you from driving for a while, you could ask for the cost of any alternative travel arrangements
  • Lost Earnings
    If your employer doesn’t pay full sick pay and you lose income because you need time off to recover (or for medical appointments), you could ask for the lost earning back. Where you’re likely to suffer in the long-term, you may also be able to claim for future loss of earnings too
  • Damaged Property
    Finally, if any item of personal property is damaged in the accident, you could ask for the cost to repair or replace it to be included in your claim

To assist your solicitor, try to retain any receipts or bank statements that could substantiate your special damages claim. Also, ask your solicitor before committing to large expenses to check whether it could be included in your claim.

How Do I Prove A Forklift Truck Accident Claim?

Any personal injury claim requires evidence. You’ll need to prove what happened, who could be to blame and what injuries you suffered. Therefore, if you’re involved in forklift truck accident in a warehouse, here are some steps you could take:

  • Take photographs before the accident scene is cleared
  • Report the accident and ask for a copy of the report. All businesses need to keep a record in an accident report book
  • Ask witnesses for their details
  • See if there was CCTV covering the area and ask for a copy
  • Ask for any medical records from your GP or A&E as these are the best way to prove your injuries
  • Photograph any visible injuries

If you’re wondering how to claim compensation for a forklift truck accident, taking these steps would improve your chances against the responsible party. Even if you don’t manage to complete all of the steps, we could still help by discussing what options you may have to pursue a forklift truck injury claim.

Forklift Accident Claims – Assistance From A No Win No Fee Solicitor

If you seek to work with a solicitor ahead of beginning the forklift accident claims process, you may be concerned about the costs of hiring one upfront. A No Win No Fee arrangement is a contract between you and your solicitor, in which it is agreed that you do not need to pay their fees if your personal injury claim is unsuccessful.

Furthermore, there are usually no upfront fees involved when claiming compensation for forklift truck accidents under this agreement.

A success fee is deducted from your injury compensation by your solicitor if your claim is successful. However, the Conditional Fee Agreements Order 2013 puts a legal limit on the percentage No Win No Fee solicitors take.

Get in touch if you would like to work with a solicitor from our panel under this arrangement. Our advisors can offer free legal advice on fork lift truck accidents.

Speak To Legal Helpline About Your Claim

You’ve now reached the end of this guide about claiming for injuries sustained in forklift truck accidents. Hopefully you’re now ready to begin your claim using Legal Helpline. If so, here’s how you can get in touch with us:

  • Telephone: Call on specialists for free claims advice on 0333 000 0729
  • Online: You can chat online with a member of our team whenever it suits you
  • Call back: If you’d like us to give you a call when it’s convenient, please complete our claims form

When you make contact with us, we’ll begin by offering a no obligation assessment of your claim. We’ll discuss what happened, how you were injured and what evidence you have. Then, we’ll provide free advice about your options. If you’re in a position to go ahead and claim, we could introduce you to one of our panel of personal injury solicitors. Should they take your claim forward, it will be on a No Win No Fee basis.

Our claim line is open all day, every day so you can claim when it’s most convenient to you. Our advisers won’t rush you or pressure you into making a claim. Therefore, you’ve nothing to lose by calling Legal Helpline today.

Helpful Resources

Thanks for reading our guide about claiming for forklift truck accidents in the UK. In case you require any further information, here are some more of our guides as well some further information from some independent sources.

Thanks for reading our guide on how to claim compensation for a forklift truck accident.

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