By Danielle Graves. Last Updated 18th May 2023. Are you looking for information about making a personal injury claim after an accident with a pallet truck? If so, this guide could be helpful to you.
This article will explain when a claim for an accident involving pallets could be grounds for a claim. Furthermore, we address the kinds of injuries that this accident type could result in.
Our team are available to discuss your claim in a free, no-obligation consultation. An advisor could connect you with a personal injury solicitor from our panel if your case is valid. You can read the sections below for detailed information, or simply get in touch by:
- Calling our team for free, impartial advice at 0161 696 9685
- Contacting us using our online form
- Using the live support option below.
Accident with a pallet truck claims guide
Select A Section
- What Is An Accident With A Pallet Truck?
- Causes Of Accidents With Pallet Trucks
- Common Injuries From An Accident With A Pallet Truck
- Could I Claim Compensation For An Injury At Work?
- Proving Your Employer Acted Negligently
- What Compensation Could You Claim?
- Start An Industrial Accident Claim
What Is An Accident With A Pallet Truck?
Pallets are used in many industries as a way of safely stacking and moving materials. They can be used in environments such as warehouses, factories and construction sites, for example. They can be handled by workplace vehicles such as forklift trucks and pallet trucks.
Employers owe their employees a duty of care under the Health and Safety At Work etc Act 1974. This legislation requires all employers to take reasonably practicable steps to ensure the safety of those that they employ.
The Management of Health and Safety at Work Regulations 1999 is also relevant to the use of pallets. This requires that employers carry out risk assessments so that hazards that pose a risk to workers can be reduced or removed.
Furthermore, the Provision and Use of Work Equipment Regulations 1998. This states that any work equipment must be suitable for the environment it’s in and the kind of work being undertaken. Furthermore, pallets and the vehicles that move them should be inspected and maintained.
If you were injured in an accident with a pallet truck as a result of employer negligence, then you may be able to claim. Please read on for more guidance on the kinds of injuries this can cause. Alternatively, you can get in touch with our team for free legal advice.
Causes Of Accidents With Pallet Trucks
Below, we have included some examples of how an accident with a pallet truck could occur:
- A lack of correct training. Employers need to give all their employees free, relevant training on how to safely carry out their roles. An employee might not be given the manual handling training they need to unload pallets safely.
- Lack of, or inadequate, personal protective equipment (PPE) being supplied; for example, a missing or faulty helmet. Supplying PPE is part of the duty of care that employers owe their employees.
- Pallets that are incorrectly stacked. If pallets are stacked too high, or if they are insecure, then one could fall and cause injury.
- Faulty pallet trucks. For example, the brakes on a truck may not be working, meaning that the driver loses control and crashes, resulting in injury to the driver and other workers.
Just because you’re injured in an accident doesn’t mean you’re automatically entitled to make a claim. You must show that it was caused by employer negligence. This means that your employer breached the duty of care that they owed you, resulting in an accident that leads to injury.
Statistics On Accidents With Pallet Trucks
Certain workplace accidents and injuries need to be reported under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 to the Health and Safety Executive (HSE).
According to provisional statistics from the HSE for the year 2021/22, there were 6,586 reported instances of employees being struck by moving, falling or flying objects. There were 1,413 reported instances of employees being struck by a moving vehicle.
Common Injuries From An Accident With A Pallet Truck
An accident with a pallet truck could occur in a number of different ways and result in a wide array of different injuries. For example:
- There is a pile of pallets that have been stacked haphazardly on a stationary pallet truck instead of being stacked neatly. As a result, a pallet from the top of the pile falls and an employee passing by sustains a broken toe as a result.
- If the brakes are faulty on a workplace vehicle such as a pallet truck, meaning that the vehicle is unable to stop and hits an employee, causing them to fall and sustain a broken ankle and a head injury such as concussion.
- Hand injuries can occur if the emergency stop function on a workplace vehicle does not work, meaning that someone’s limb is trapped in the machinery as it’s being repaired.
If you have sustained an injury that we have not mentioned above, or have been injured in an accident at work that we have not covered, don’t worry; these are just examples. Provided you were injured as a direct result of negligence, you may still be able to claim. Get in touch with our team today for an assessment of how much your case is worth.
Could I Claim Compensation For An Injury At Work?
As previously stated, per your employer’s duty of care, they must take reasonable steps to ensure your safety while you are in the workplace and performing work-related duties. This includes ensuring you have received sufficient training on how to use a pallet truck. If your employer were to breach this duty of care, this could result in a pallet truck accident, and you may be eligible to make an injury at work claim.
If you are eligible to make a personal injury claim following a workplace accident, you will need to ensure that you start your claim within the relevant limitation period. Generally, this is three years from the date you were injured.
However, for certain types of claims, there are exceptions to this time limit. This includes:
- Those who lack the mental capacity to make their own claim. For these injured parties, the limitation period is suspended indefinitely. However, during this time, a court-appointed litigation friend could make the claim on their behalf. Should the injured party regain this mental capacity, they will have three years from the date of recovery to start the process if one hasn’t already been made.
- Those who are under the age of 18 at the time of the accident. The time limit is paused until their 18th birthday. Prior to this, a litigation friend could make a claim for them. If a claim has not been made by their 18th birthday, they will have three years to start one.
If you have any queries about personal injury claims for accidents in work, you can contact our advisors. They could also inform you whether you have enough time to start your claim.
Proving Your Employer Acted Negligently
Collecting evidence to show that your employer’s negligence caused the accident in which you were injured is an essential part of claiming. There are a number of things you can do to collect evidence. For example:
- Seek treatment or advice for any injuries you have sustained. The medical records that this produces
- Take photos of the area or collect CCTV footage if appropriate
- Ask any witnesses to provide their details for a statement to be taken at a later date
- Fill out the workplace accident book. Having one of these is a legal requirement in a workplace where 10 or more people are employed.
A personal injury solicitor could help you in the process of collecting evidence in support of a compensation claim. To see if you could work with one of the legal representatives from our panel, speak with a member of our team today.
What Compensation Could You Claim?
If you make a successful personal injury claim, then your settlement could consist of two different kinds of damages. General damages is awarded for the pain and suffering caused by any physical and/or psychological injury that you have sustained.
The Judicial College Guidelines is a publication used by lawyers to help them value this head of claim. We have included some of these in the table below:
| Area of Injury | Award Bracket | Severity | Notes |
|---|---|---|---|
| Head | £150,110 to £219,070 | Moderate (i) | Moderate to severe personality change and intellectual deficit. Impact on speech, sight and senses. |
| Arm | £96,160 to £130,930 | Severe Injuries | Injuries that fall short of actual amputation but render the limb to a similar level of disability |
| Chest Injuries | £65,740 to £100,670 | Permanent | Traumatic impact to chest, lungs or heart causing permanent damage and impaired function that will reduce ife expectancy |
| Leg | £54,830 to £87,890 | Very Serious (ii) | Permanent mobility problems with the need for aids for the remainder of their life. |
| Ankle | £50,060 to £69,700 | Very Serious | Extensive soft tissue damage and fractures resulting in deformity and the possible need for below-knee amputation |
| Wrist | £47,620 to £59,860 | Total function loss | Complete loss of function in the wrist. |
| Pelvis | £39,170 to £52,500 | Severe (iii) | Fractures that lead to instability and degenerative changes and indicate the necessity of a hip replacement. |
| Neck | £24,990 to £38,490 | Moderate (i) | Fractures and dislocation injuries that cause immediate symptoms. |
| Knee | £14,840 to £26,190 | Moderate (i) | Dislocations, torn cartilage and other mild disabilities that may accelerate a pre-existing condition |
| Toes | £13,740 to £21,070 | Severe Toe Injuries | Crush and amputation injuries that affect one or two toes (other than big toe) and create severe damage that produces significant continuing symptoms |
| Shoulder | £12,770 to £19,200 | Serious | Dislocation and nerve damage, leading to restricted movement and may give rise to persisting symptoms after surgery |
In addition to this, you may be able to present invoices and bank statements, or receipts that show you needed to meet expenses related to your injuries. Special damages can calculate the out-of-pocket impact of the accident on you such as:
- A loss of earnings, including future loss of earnings
- The cost of medical procedures that you’ve had to pay for
- Adaptations to your car or home
- Prescription charges and travel expenses.
Call our advisors who can offer help and assess how much you could receive in a claim for an accident with a pallet truck. If your case is valid, you could be connected with a No Win No Fee solicitor from our panel.
Start An Industrial Accident Claim After An Accident With A Pallet Truck
Solicitors who offer No Win No Fee contracts such as Conditional Fee Agreements could be beneficial to those who want to work with a lawyer in a claim.
When a solicitor works under a Conditional Fee Agreement, there are typically no fees required to hire them or work with them as the claim moves forward. As well as this, a success fee (which is capped by law) is deducted from any payout awarded only if the claim is successful.
Should the personal injury claim not have a positive outcome, no success fee needs to be paid to your solicitors. To find out more about how a No Win No Fee agreement could help you, get in touch by:
- Calling our team for free, impartial advice at 0161 696 9685
- Contacting us online
- Using the live support option.
Learn More About Industrial Injury Claims
As well as this article about an accident with a pallet truck, the resources below offer further reading:
- More on how to claim for a forklift truck accident
- Read our claims guide for fatal accidents
- If you are wondering whether you could keep 100% of the compensation you’re awarded, this guide could help
- The HSE offers more advice on how to operate a forklift truck properly
- First aid guidance from the NHS
- Information from the HSE on the Provision and Use of Work Equipment Regulations 1998