By Cat Grayson. Last Updated 11th May 2023. This article explores when you could be eligible to make a personal injury claim following accidents at work involving forklift crashes. Every employer owes their employees a duty of care to ensure their safety by carrying out reasonably practical steps. If they breach this duty of care and you, as an employee, are injured, this is called employer negligence, for which you could be eligible to pursue compensation.
This guide will also discuss the time limits applicable to starting a personal injury claim, the evidence you could obtain to strengthen your case and guideline compensation amounts for the pain and suffering caused by your injuries. What’s more, we will explain how using a personal injury solicitor can benefit you, especially under a No Win No Fee agreement.
We also provide the option of speaking to an advisor via the telephone, our webpage, or our live chat feature. They can provide free legal advice on making a forklift accident claim at a time that is most convenient for you, as they are available 24/7.
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Select A Section
- What Are Forklift Crashes?
- Your Employer’s Duty Of Care
- Time Limits To Begin Your Claim
- How To Claim For Forklift Crashes At Work
- What Injuries Could Be Sustained Due To A Forklift Accident At Work?
- Examples Of Payouts For Forklift Crashes In The Workplace
- Contact Us About Using A No Win No Fee Solicitor
A forklift is a rider-operated vehicle used to lift and transport heavy goods. The Health and Safety Executive (HSE), Britain’s national workplace health and safety regulator, provide information on the safe use of rider-operated lift trucks. They explain that the person operating a forklift truck must have had the necessary training to do so. Also, they state that about a quarter of workplace transport accidents involve lift trucks.
It is important to note that not all injuries suffered in the workplace due to forklift crashes lead to a compensation claim, as the following criteria must be met:
- Firstly, your employer owes you a duty of care at the time and place of the accident.
- Secondly, they must have breached this duty of care.
- Lastly, as a result of this breach, you must have sustained physical or psychological injuries.
This is negligence. If you would like insight into eligibility in personal injury claims following forklift crashes at work, please speak to a member of our team.
As outlined by the Health and Safety at Work etc. Act 1974 (HASAWA), employers must take reasonably practicable steps to prevent injury and, therefore, ensure the safety of their employees. This involves carrying out risk assessments, providing employees with the correct training, and performing maintenance within the relevant time frame.
The Lifting Operations and Lifting Equipment Regulations 1998 provides further details regarding an employer’s duties when working with forklifts. It explains the measures an employer must carry out to ensure that lifting equipment is safe for its intended purpose.
To learn more about how forklift crashes could be caused by your employer breaching their duty of care and may lead to a compensation claim, please speak to a member of our team.
As per the Limitation Act 1980, you generally have 3 years to begin a personal injury claim. This typically starts from the date that the accident causing your injuries occurred or when you learned of employer negligence.
There are certain exceptions to this 3-year time limit. For example, if you were under 18 when the incident occurred or lack the mental capacity to bring forward a claim. If you would like to learn whether these exceptions are applicable to your claim, please speak to one of our advisors, who can provide further information.
Following forklift crashes in the workplace, it is important to seek medical attention. Then, if you are eligible to make a personal injury claim and would like to pursue compensation, it is important to prove that your injury at work resulted from employer negligence. Evidence you could gather includes:
- The accident at work report book
- CCTV footage
- Photographic evidence
- Medical records
- Proof of any monetary losses, such as bank records and receipts
We also recommend that you seek legal advice as you look to begin your claim. Our advisors are on call 24/7 to offer you a free evaluation of your claim.
A forklift accident at work can result in a number of injuries. However, it’s important to remember that negligence needs to have occurred in order to make a personal injury claim.
Some examples of injuries that could be caused by a fork lift crash include:
- Broken bones: Broken bones can occur in a number of ways, from your foot being run over by a forklift to being tossed from the vehicle after a crash and sustaining a broken back.
- Crush injuries: For example, if an inexperienced or underqualified driver were to cause the vehicle to roll over, crushing you beneath the cab of the forklift.
- Head injuries: If the forklift you are driving does not have an adequate seatbelt or safety arrangement and you crash or roll, this could result in a head injury.
These are only a few examples of injuries that you could sustain due to a forklift accident at work. To learn more or to find out if you could claim for your injuries, contact our team today.
You may wonder, ‘how much compensation can be awarded for successful personal injury claims made after forklift crashes at work?’ The compensation awarded could comprise of up to two heads; general and special damages.
General damages account for the physical or psychological pain and suffering that arises due to your injuries. The level of the award is impacted by the effect your injuries have on your quality of life.
|Type of Injury
|Details of the Injury
|Injury Caused by Brain Damage
|Very Severe (a)
|£282,010 to £403,990
|There might be some ability to follow basic commands. However, the person will require full time nursing care and will show little evidence, or no evidence, of a meaningful response to the environment. They will have little, if any, language function and double incontinence.
|Injury Caused by Brain Damage
|Less Severe (d)
|£15,320 to £43,060
|A good level of recovery would have been made to allow the person to return to work and engage in normal social life.
|£240,790 to £282,010
|The loss of both legs. Either both lost above the knee or one lost high above the knee and one lost below.
|£27,760 to £39,200
|Within this bracket are severe crush injuries, typically to one single limb, complicated fractures or multiple fractures.
|£91,090 to £160,980
|The most severe of injuries that involve damage to the spinal cord as well as the nerve roots. This will cause a combination of consequences considered very serious, which are not often found in back injury cases.
|Loss of one arm (b)(i)
|Not less than £137,160
|The amputation of one arm at shoulder level.
|Amputation of one foot (b)
|£83,960 to £109,650
|The amputation of one foot, including the loss of the ankle joint.
|£65,740 to £100,670
|A traumatic injury to the lungs, chest or heart resulting in permanent damage and further problems such as a reduction in life expectancy.
|£19,200 to £48,030
|Injuries within this bracket often result in significant disability and are associated with neck injuries and damage to the brachial plexus.
|Less Serious (g)
|£14,450 to £29,000
|Injuries within this bracket can include severe crush injuries that lead to significantly impaired function despite operative treatment or where there will not be future surgery.
In addition, a successful claim could also see a payment under special damages. This head of claim reimburses you for past and future financial losses due to your injuries.
For instance, if your injury prevents you from working until a recovery is made, any loss of earnings could be compensated under special damages. This could also include payment for:
- Home adaptations
- Care costs
- Medical expenses
- Travel costs
To support your accident at work claim, you must be able to prove the extent to which you were affected by your injuries. You can do this by gathering evidence.
To receive an estimation of the compensation you could be eligible to receive based on the details of your claim, speak to one of our advisors.
There can be many benefits to being represented by a No Win No Fee solicitor. A legal professional can draw on their experience of handling personal injury claims relating to forklift crashes to provide you with guidance and advice. Also, they can help you to compile your evidence and present a complete claim.
What’s more, entering into a Conditional Fee Agreement (CFA), a type of No Win No Fee agreement with your solicitor, generally means that you don’t have to pay for the services they provide either upfront or during your ongoing claim.
Furthermore, you typically don’t have to pay for your solicitor’s services if your claim is lost. Alternatively, if your claim resolves successfully, a small success fee, which the law caps, will be deducted from the compensation and go to your solicitor.
If you want to find out whether your claim is eligible, speak to one of our advisors. Upon finding that you may have valid grounds to claim, one of our advisors can put you in touch with one of the No Win No Fee solicitors from our panel.
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Learn More About Workplace Accident Claims
We have provided you with more of our own guides that could be of use when looking to make a personal injury claim:
- What Are Temporary Workers’ Rights After An Accident At Work?
- Broken Leg At Work Claim – How To Get Compensation
- Workplace Injury Claim Checklist
- Pallet truck accidents are also a danger in workplaces and this guide explains your rights if you get hurt by one.
Additionally, we have included further reading that may be beneficial to learn more:
- NHS – How do I know if I’ve broken a bone?
- HSE – Providing and using work equipment safely
- GOV.UK – Statutory Sick Pay (SSP)
Thank you for reading this guide on claims regarding forklift crashes. If you have any remaining questions, please get in touch.