When Could You Make A Forklift Accident Claim Against Your Employer?

By Stephen Kane. Last Updated 9th January 2024. You might be eligible to make a forklift accident claim if your employer breached the duty of care they owe you. This duty of care is set out by the Health and Safety at Work etc. Act 1974.

Employers are responsible for the employee’s health and safety when they are at work. If a forklift truck accident injures the worker, they may be eligible to claim compensation.

Injured employee lies on the floor after a forklift accident

Forklift accident claim against employer

In this guide, we will look at the process of claiming compensation for a breach of duty of care on the part of your employer. We will also look at how claims like these are valued.

If we can see that you could be eligible to claim, one of our advisors could connect you with a No Win No Fee solicitor from our panel. To get in touch, you can:

  • Call us on 0161 696 9685
  • Contact us via your website
  • Use the live chat feature to the bottom right of this screen

Select A Section

  1. What Are Your Rights For Health And Safety In The Workplace?
  2. Health And Safety For Forklift Operations
  3. What Are Some Common Reasons For Forklift Accidents?
  4. Action To Take Before A Forklift Accident Claim
  5. Forklift Accident Claim Calculator
  6. Could A No Win No Fee Solicitor Handle A Forklift Accident Claim?

What Are Your Rights For Health And Safety In The Workplace?

As we have already mentioned, your employer owes you a duty of care at work; the Health and Safety at Work etc. Act 1974 outlines this duty of care.

Moreover, your employer is also obliged to follow health and safety regulations that apply to the operation of forklifts, such as the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) and the Provision and Use of Work Equipment Regulations 1998 (PUWER). Failure on the part of your employer to adhere to this guidance could entitle you to claim if you’re injured.

In order to make a claim, you will need to show that the following criteria apply:

  • Firstly, your employer owed you a duty of care.
  • Secondly, your employer caused the forklift accident by neglecting their duty of care.
  • And finally, the forklift accident caused your injuries.

It’s not enough that you were involved in this kind of accident in order for you to be able to claim. You must have been injured, and it must have happened as a result of negligence.

For more information on making a forklift accident claim, speak with one of our advisors today.

Health And Safety For Forklift Operations

The Health and Safety Executive has an Approved Code of Practice for using forklift trucks in the workplace. The code of practice sets out the training level required to operate a forklift truck.

Under PUWER, employers must:

  • Make sure that all equipment is suitable for use
  • Ensure that only those who have been trained use the equipment
  • Accompany equipment with health and safety measures like devices and controls

Under LOLER, lifting operations should be:

  • Properly planned
  • Only undertaken by those with a sufficient level of competence
  • Supervised properly
  • Carried out in a safe manner

If your employer has breached the duty of care that they owe you, this could mean you’re entitled to claim provided you were injured. Speak with an advisor today for more information.

What Are Some Common Reasons For Forklift Accidents?

As we have already mentioned, in order for you to make a claim for injuries sustained in a forklift accident, you will need to show that it was the result of a breach of duty of care.

Some examples of potential injuries that could be caused by negligence include:

  1. A forklift truck rolls over because it’s faulty and was not checked or maintained according to the appropriate schedule. Consequently, the forklift can cause crush injuries. In this situation, a fatal factory accident could occur.
  2. A forklift truck driver has received inadequate training or supervision, so doesn’t use the vehicle safely. Your employer must provide you with all relevant training to reduce the risk of their employees being injured.
  3. A spill left on the floor means that the truck skids, throwing the driver from the vehicle and causing a head injury.

Action To Take Before A Forklift Accident Claim

There is normally a three-year time limit on accident claims. There are some exceptions to this rule; however, we always recommend starting the process of collecting evidence and building a claim as soon as possible after the incident occurs.

If a forklift accident has injured you, you may wish to take the following steps:

  1. Seek medical attention in order to get the treatment you need. The medical records from this can be used to support your claim.
  2. Collect evidence to prove your injury at work. For example, you can collect CCTV footage of the accident, photograph your injuries or ask witnesses for their contact details so that a statement can be taken.
  3. Report your accident. Every workplace employing 10 or more employees needs to have an accident book on site. You can fill this out with some of the basic details about the accident. If you cannot do this yourself, a colleague can fill it out for you.
  4. Contact us for free legal advice and begin your workplace injury claim. We can connect you with a solicitor if you have a valid claim, and their expertise could help you through the claims process.

For more information on what you should do in preparation for making a forklift accident claim, speak with an advisor today.

Forklift Accident Claim Calculator

When you make a claim for compensation, your settlement could consist of two different heads of claim. These are general and special damages.

General damages compensate you for the pain and suffering that your injuries have caused you. Guidelines from the Judicial College are used to help value compensation claims. However, the final amount of compensation will depend on several factors.

You can use our table to estimate how much your forklift accident claim could be worth. Please note that this table’s compensation brackets are only guidelines and are not guaranteed. Also note that the first entry in this table is an estimated figure for multiple injuries and is not based on the Judicial College Guidelines.

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Injury Type Injury Severity Compensation Notes
Multiple Serious Injuries With Special Damages Serious Up to £500,000+ If you have valid grounds to claim for multiple serious injuries following a forklift accident, then your compensation may cover all of them as well as relevant special damages, such as the cost of home care.
Brain Damage Moderately Severe £219,070 to £282,010 The injury has led to serious disabilities. The injured person is very dependent on others and they will need professional care.
Brain Damage Moderate (i) £150,110 to £219,070 The person has been left with between a moderate and severe intellectual deficit. There may be personality changes and the senses could be affected.
Neck Injury Severe (ii) £65,740 to £130,930 Injuries involving cervical spinal damage/ injuries or which could include a serious fracture. The injury could lead to a disability.
Leg Injury Moderate (iv) £27,760 to £39,200 A complicated fracture or multiple bone fractures. The injury will affect one leg. Causes may include severe crushes.
Back Injury Moderate (i) £27,760 to £38,780 Crush fractures or compression fractures affecting the lumbar vertebrae. There is a risk of osteoarthritis in the future.
Hand Injury Less Serious £14,450 to £29,000 A severe hand crush injury significantly impairing the use of the hand and its function. The hand will not have had surgery performed on it.
Neck Injury Moderate (ii) £13,740 to £24,990 A wrenching/ wrenching-type injury or a similar soft tissue injury (including disc lesions). These may result in cervical spondylosis.

You could also receive special damages. This is the compensation that you could be owed for the costs caused by your injuries. This could cover loss of earnings, medical costs and care costs. You will need to provide proof of these so that they can be included in your claim.

Please feel free to call us to see how much forklift compensation you can receive. This article can also help you understand how much compensation you could receive for a forklift accident claim.

Could A No Win No Fee Solicitor Handle A Forklift Accident Claim?

If you contact our advisors about your potential forklift accident claim, they could review your case for free. If they determine you have a strong case, they could then connect you with a No Win No Fee solicitor from our panel. Our panel of solicitors can support forklift accident claims under what’s called a Conditional Fee Agreement (CFA).

Claiming with a solicitor under this type of No Win No Fee agreement brings several benefits. One is that you generally don’t have to pay your solicitor at the start of your claim or while it’s being processed for their services. You also don’t need to pay your solicitor for their work if your claim goes ahead but proves unsuccessful.

If your claim succeeds, then your solicitor will take a small, legally capped percentage from the compensation paid out to you. This is known as a success fee.

For more information on claiming with a No Win No Fee solicitor, please contact our advisors for free today. To reach our team, you can:

  • Call us on 0161 696 9685
  • Contact us via our online form.
  • Use the live chat feature at the bottom right of this screen.

Factory, Warehouse And Construction Related Accident Claims

We appreciate you taking the time to read our guide. If you would like to know about claiming for an industrial injury, please call us today.

Find Out When You Can Claim Compensation For Forklift Crashes

Wrongful Death Or Fatal Accident Compensation Claim Guide

Will Claiming Against My Employer Create Problems?

£325,000 Compensation Payout For A Crushed Arm

An HSE guide to workplace transport safety

Frequently asked questions about driving a forklift truck at work

Voluntary accreditation schemes for forklift truck training

Pallet truck accidents are also a danger in workplaces and this guide explains your rights if you get hurt by one.

We hope this guide has helped you learn more about making a forklift accident claim.