How To Claim After A Forklift Accident At Work

To claim compensation for a forklift accident at work, you need to show that your employer was at fault. Work vehicle accidents, including those involving lift trucks, can lead to serious injuries. They may be caused by poor maintenance, inadequate training or other forms of negligence. This guide looks at how to make a forklift accident claim against an employer.

Key Takeaways

• There are more than 5,000 incidents a year involving work vehicles. On average, a quarter of workplace transport incidents involve lift trucks.
• Employers must comply with the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER).
• Compensation could cover physical and psychological injuries as well as financial losses.
• A No Win No Fee solicitor could help you claim compensation.

If you have been involved in a forklift truck accident you could be owed compensation. For more information on how a solicitor from Advice could help with your personal injury claim, please:

• Call us today on 0161 509 2856.
• Contact us by completing our online form.
• Chat to us live.

Frequently Asked Questions

• What Are Forklift Accidents?
• Can I Make A Forklift Accident Claim?
• Am I Able To Claim For A Loved One Injured By A Forklift?
• What Are The Compensation Amounts For Forklift Accident Claims?
• How Would My Forklift Injury Compensation Be Calculated?
• What Should I Do If I’m Injured In A Forklift Accident?
• How Long Do I Have To Make A Claim?
• Can I Claim Using A No Win No Fee Solicitor?
• Learn More

What Are Forklift Accidents?

A forklift accident is an incident in the workplace involving a lift truck. For the purpose of this guide we are focusing on those which result in injuries to workers. They may be caused by poor maintenance, mechanical failure, forklift drivers negligence or other breaches of health and safety regulations by employers.

Employers and employees must follow rules and regulations as set under legislation, such as the Health and Safety at Work etc. Act 1974 (HASAWA) and LOLER. By doing so, they can ensure that work vehicles are properly maintained, safeguards are put in place and employees are correctly trained in the use of such vehicles.

Forklift Accidents And Injuries

• Lack of driver/ operator training – inadequate training could lead to a driver driving too quickly, making sudden turns or carrying an unbalanced load. This could increase the chances of a forklift rollover causing crush injuries, fractures and spinal injuries.
• Pedestrian collisions – collisions may be caused by the failure to follow workplace traffic protocols, such as employees standing too close to a forklift or being caught between a lift truck and another object. Pedestrians could suffer crush injuries, fractures and damage to their internal organs.
• Unsecured loads – unsecured, improperly secured or poorly stacked loads could fall and strike an employee. Falling objects could cause head injuries, limb injuries or even penetrating injuries.
• Lift trucks falling off a dock or trailer – the failure to properly secure lift trucks during loading/ unloading could lead to the truck following off a dock. Operators could suffer traumatic head injuries, back injuries and other serious forms of injury.
• Employee’s falling from a lift truck – unsafe practices, such as lifting an employee with the truck could lead to falls and serious injuries, such as those to the head or spine.
• Limited visibility – carrying oversized loads, or operating lift trucks in poorly lit workplaces could limit visibility, increasing the risk of collisions. Workers could suffer crushed feet, internal injuries or other injuries similar to those already highlighted above.
• Lack of maintenance – a lack of, or poor maintenance could lead to brake failures, or hydraulics not working properly, putting workers in danger. Workers could sustain a variety of different forms of injuries.
• Emissions poisoning – operating a forklift truck in an area with insufficient ventilation could lead to carbon monoxide exposure and poisoning. Employees could suffer brain damage.

If your employer’s negligence caused or contributed to your accident you could claim compensation. Contact us for more information.

Can I Make A Forklift Accident Claim?

You could make a forklift accident claim if you can show that, by breaching their duty of care, your employer caused or contributed to your being injured in a workplace accident.

Under workplace health and safety legislation, such as the HASAWA, all employers have a duty of care to ensure the safety of workers. Additional key legislation includes:

• The Provision and Use of Work Equipment Regulations 1998 (PUWER) – under this act, employers should ensure work equipment is properly maintained, suitable for the task and operated safely.
• The Personal Protective Equipment at Work Regulations 1992 – this requires that employers provide employees with appropriate PPE, such as high visibility vests, helmets or safety boots.

To make a successful workplace accident claim you must show that:

1. You were owed a duty of care by your employer.
2. They failed to meet this duty. For example, an employer may have failed to provide personal protective equipment, such as high visibility jackets.
3. As a result of their breach, you were injured. A lack of high visibility clothing may lead to an operator not seeing you and a resulting collision.
4. You are within the accident at work claim time limit.

Am I Eligible To Claim If I Was Partly At Fault?

Even if you were partially at fault for your forklift truck accident, you could still be eligible to claim compensation. To do so, you would claim under either a split liability agreement or on the basis of contributory negligence.

• Split liability – if you were partially at fault for the accident taking place, you may claim on this basis. Any compensation awarded would be reduced based on your share of liability. For example, if both parties are equally at fault, compensation would be reduced by half.
• Contributory negligence – where your actions contributed towards your injury, such as by not wearing a seatbelt when operating the vehicle.

If you were partially at fault you could be entitled to make a forklift accident compensation claim.

Are All Workers Able To Make A Claim?

In general, if you have been injured in an accident at work which was due in whole or in part to your employer breaching their duty of care, you could claim compensation. This right is applicable whether you are employed on a permanent or temporary basis and regardless of the number of hours contracted for.

If your forklift accident claim meets these criteria, you could be eligible to seek compensation. One of our solicitors could help you.

Am I Able To Claim For A Loved One Injured By A Forklift?

You could make a compensation claim for a loved one injured in a forklift accident and who is unable to do so themselves.

You could make a forklift accident claim for a loved one where they:

• Are under the age of 18.
• Lack the mental capacity to do so themselves.
• Were fatally injured and passed away due to the accident.

Claims for under 18’s

Those under the age of 18 can not make a personal injury claim on their own behalf. Instead, a litigation friend (such as a parent or guardian) may file the claim on their behalf. They may do so at any point before the victim’s 18th birthday. If no claim has been filed, the victim may then do so.

Claiming for someone who lacks the mental capacity to claim

A litigation friend may also file a claim on behalf of someone who is unable to take legal action on their own behalf. Such instances may be applicable where the injured party sustained a traumatic brain injury.

Fatal injury claims

Under two key pieces of legislation, either the deceased’s estate or qualifying relatives may make a fatal accident claim.

• The Law Reform (Miscellaneous Provisions) Act 1934 – allows only the deceased’s estate to pursue a claim during the first 6 months following the person’s death.
• The Fatal Accidents Act 1976 – allows qualifying person’s to make a claim where the estate has not already done so and the 6 month period following the death has passed.

Please note that the deceased’s estate is the only party who may pursue a claim for general or special damages (as discussed in later sections of this guide) on behalf of the deceased. This is applicable whether during the initial 6 months following their death or at a later date.

For more advice on when and how you could make a personal injury claim on behalf of someone else, please contact our team.

What Are The Compensation Amounts For Forklift Accident Claims?

For a very severe brain injury leaving a claimant with some ability to follow basic instruction, they could receive between £344,150 and £493,000. This figure has been taken from the Judicial College Guidelines (JCG). The JCG is a resource which may be used by those involved in calculating compensation for an injury, such as a solicitor or the courts.

Below, you can find additional figures from the JCG which may be relevant to making a forklift accident claim. Please note that these are presented only as a guideline and that the first entry does not come from the JCG.

Compensation Figures

• Multiple and severe injuries with financial losses – lost earnings, medical and childcare costs – up to £1,000,000 or more.
• Very severe brain damage – where there is little or no meaningful response to their environment – £344,150 to £493,000.
• Paraplegia – where the person suffered a spinal injury resulting in paralysis. Compensation may depend on the extent the person is in pain, how independent they are, their age and their life expectancy – £267,340 to £346,890.
• Severe back injury (a) (i) – such as an injury affecting the nerve root and spinal cord – £111,150 to £196,450.
• Severe neck injury (a) (i) – a neck injury which is associated with incomplete paraplegia – in the region of £181,020.
• The loss of one arm (b) (i) – where the arm is lost at the shoulder – not less than £167,380.
• Foot injuries (b) – the amputation of one of the feet, treated in a similar way to an amputation below the knee – £102,470 to £133,810.
• Severe ankle injuries (b) – where the person required an extensive treatment period – £38,210 to £61,090.
• Chest injuries (d) – where the person sustained a penetrating check injury which did not impact long-term lung function – £15,370 to £21,920.
• Chest injuries (e) – where the person sustained some residual lung damage due to inhaling toxic fumes or smoke – £6,500 to £15,370.

A solicitor from Advice could assess how much compensation you may be awarded for your forklift truck accident at work.

How Would My Forklift Injury Compensation Be Calculated?

Forklift injury compensation may be calculated by looking at what injuries your accident caused, how severe these were and whether you suffered any financial losses. Forklift accident compensation may be divided into two categories:

• General damages. The purpose of general damages is to compensate you for your pain and suffering. How much you could be awarded may be based on the injury sustained and any long-term impact on you. General damages may be calculated by referring to the JCG.
• Special damages. The purpose of special damages is to compensate you for financial losses caused by your accident and injuries. You will need to show any losses you suffered and what they were. They may cover:
  • Loss of earnings – if unable to work. This could be shown through payslips.
  • Medical costs – for treatment, medication or rehabilitation. These could be shown through invoices for treatment.
  • Home adaptations – such as making alterations to accommodate a disability. Invoices may show such costs.

It is important that you have proper documentation showing any losses you intend to claim for.

Applying For Interim Payments

Interim payments are a way for claimants to meet immediate, urgent expenses in certain circumstances. They are an advance on a claimants final settlement and may be used to help meet medical costs, essential living expenses or lost income.

Interim payments may be made where the defendant accepts their liability and where the claim is highly likely to succeed where it were to progress to court.

Any funds included in an interim payment will be deducted from the final compensation settlement. A solicitor here at Advice could assess your case and, if eligible, help you to secure an interim payment.

What Should I Do If I’m Injured In A Forklift Accident?

If you are injured in a forklift accident there are steps which you could take. The steps outlined below could help you to ensure that your injuries are treated and increase the chances of you making a successful forklift accident claim.

• Seeking medical treatment – your first step should be to seek medical treatment for you and any other persons injured in the forklift truck accident. This may involve seeking care at your GP surgery, a walk-in centre, visiting your local hospital or calling for emergency care.
• Reporting workplace transport accidents – the incident should be reported to your employer as soon as possible and it should be recorded in their accident report log.
• Collecting evidence – photographs of the accident scene, CCTV footage of it taking place and copies of your medical records can all be collected to help support your account of how the accident occured.
• Seeking legal advice – once you have sought medical care and reported the accident to your employer, you may wish to seek legal advice. A specialist solicitor, such as those here at Advice, could help you to make a forklift compensation claim.

Find out if one of our solicitors could help you to make a successful claim by contacting us about your accident involving a lift truck.

How Long Do I Have To Make A Claim?

The time limit for making forklift truck accident claims depends on the circumstances of your case. The general time limit is 3 years. This is outlined in the Limitation Act 1980.

Exceptions to this time limit apply where:

• The claim involves a minor (under 18) – in such cases, the time limit does not begin until they turn 18. Prior to this, a litigation friend may act in the claim.
• Those with limited mental capacity – in such cases there is no time limit unless and until they regain their mental capacity.

If you fail to act within the relevant time limit, you could lose the right to make a claim. If you are unsure how long you have to file a claim, please contact our team.

Can I Claim Using A No Win No Fee Solicitor?

You could claim using a No Win No Fee solicitor if you meet the eligibility criteria we have outlined in this guide. A No Win No Fee solicitor could offer to take your claim on through a Conditional Fee Agreement (CFA).

A CFA allows you to pursue a forklift compensation claim without paying solicitors fees either upfront or if your claim is unsuccessful. Instead, their fees are only payable at the end of a successful claim.

The benefits of claiming with one of our solicitors may include:

• Not having to pay solicitors fees in advance.
• Not needing to pay whilst the solicitor is working on your forklift accident claim.
• Only paying a success fee if your claim is won. This is the fee charged by the solicitor for their work on your claim. It is deducted from your compensation by the solicitor. The percentage charged is both pre-agreed in your CFA and is limited by law.

Contact Advice’s Solicitors

Contact us to learn how a solicitor from Advice could help you.

• Phone 0161 509 2856.
• Complete our form to contact us.
• Speak to an advisor live on our chat.

Learn More

In this part of our guide you can learn more about workplace safety and the claims process.

• Learn more about what a factory accident and injury claim is here.
• Find out more about making a warehouse accident claim in this guide.
• Get advice on claiming for a work van accident in this guide.

References.

• Check when and how to request CCTV footage of yourself in this government guide.
• Learn more about how to use lift trucks safely in this resource from the Health and Safety Executive. This is the workplace safety regulator for Great Britain.
• Find out what sick pay you’ll get in this guide from the government.

Thank you for reading our guide on how to make a forklift accident claim. For more information, get in touch with our team.