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.
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
- What Are Some Common Reasons For Forklift Accidents?
- What Are Your Rights For Health And Safety In The Workplace?
- Action To Take Before A Forklift Accident Claim
- Health And Safety For Forklift Operations
- Forklift Accident Claim Calculator
- Could A No Win No Fee Solicitor Handle A Forklift Accident Claim?
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:
- 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.
- 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.
- A spill left on the floor means that the truck skids, throwing the driver from the vehicle and causing a head injury.
Statistics On Forklift Injuries
According to the Health and Safety Executive, forklift trucks cause a quarter of all workplace transport accidents.
Moreover, 10% of workplace accidents reported to the Health and Safety Executive in 2020/21 were caused by a moving object striking a worker. A forklift truck could cause this sort of accident.
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.
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:
- Seek medical attention in order to get the treatment you need. The medical records from this can be used to support your claim.
- 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.
- 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.
- 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.
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.
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.
| Injury Type | Injury Severity | Compensation | Notes |
|---|---|---|---|
| Brain Damage | Moderate (i) | £140,870 to £205,580 | The person has been left with between a moderate and severe intellectual deficit. There may be personality changes and the senses could be affected. |
| Brain Damage | Moderately Severe | £205,580 to £264,650 | The injury has led to serious disabilities. The injured person is very dependent on others and they will need professional care. |
| Neck Injury | Moderate (ii) | £12,900 to £23,460 | A wrenching/ wrenching-type injury or a similar soft tissue injury (including disc lesions). These may result in cervical spondylosis. |
| Neck Injury | Severe (ii) | £61,710 to £122,860 | Injuries involving cervical spinal damage/ injuries or which could include a serious fracture. The injury could lead to a disability. |
| Hand Injury | Moderate | £5,260 to £12,460 | A crush injury or soft tissue injuries which could have been caused by a penetrating wound or a deep laceration. |
| Hand Injury | Less Serious | £13,570 to £27,220 | 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. |
| Work-Related Upper Limb Disorders | (B) | £13,970 to £15,330 | Work-related upper limb disorders which continue. This may present with symptoms which are unilateral. |
| Work-Related Upper Limb Disorders | (A) | £20,560 to £21,700 | Where the person is suffering a bilateral disability and where surgery is required. |
| Back Injury | Moderate (i) | £26,050 to £36,390 | Crush fractures or compression fractures affecting the lumbar vertebrae. There is a risk of osteoarthritis in the future. |
| Leg Injury | Moderate (iv) | £26,050 to £36,790 | A complicated fracture or multiple bone fractures. The injury will affect one leg. Causes may include severe crushes. |
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.
Could A No Win No Fee Solicitor Handle A Forklift Accident Claim?
You could fund legal representation for a compensation claim on a No Win No Fee basis, which means that you won’t pay an upfront solicitors fee. Instead, you will be charged a success fee if you win your claim, which is subject to a legal cap.
If you do not win your compensation claim, you will not have to pay anything to your solicitor at all.
You may prefer to make a No Win No Fee claim because you may find it the more affordable option, compared to hiring a solicitor in the traditional manner. The success fee is only deducted from your compensation payout if you win your claim.
If you have a valid claim, an advisor could connect you with a 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
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.
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
We hope this guide has helped you learn more about making a forklift accident claim.
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