This guide will explore when you could be eligible to begin a forklift accident claim after becoming injured in the workplace. It will discuss the eligibility criteria that need to be met in order to seek personal injury compensation and how much you could receive if your claim succeeds. It will also discuss the evidence you could gather to support your case.
Employers owe a duty of care to take all reasonably practicable steps to prevent injury to employees in the workplace and while they are carrying out their work-related tasks.
One of the steps they could take is to provide adequate training to ensure employees are able to perform their duties safely, such as when operating a piece of machinery. If there is a failure to do so, it could lead to an accident involving a forklift truck. We will discuss the other ways in which a forklift accident could happen later in our guide as well as the injuries that could be sustained as a result.
For more information, you can get in touch with an advisor. They can discuss your potential claim and answer any questions you might have regarding seeking compensation for injuries sustained in an accident at work. If they find you have valid grounds to pursue your claim, they could connect you with a No Win No Fee solicitor from our panel who could begin working on your case. To find out more, you can:
Select A Section
- What Compensation Could You Receive From A Forklift Accident Claim?
- When Are You Eligible To Receive Compensation From A Forklift Accident Claim?
- How Could A Forklift Accident Happen?
- Potential Evidence That Could Be Used In A Forklift Accident Claim
- Use Our Panel Of No Win No Fee Solicitors Who Specialise In Accident At Work Claims
- Learn More About Claiming For A Forklift Accident At Work
Following a successful claim, you can receive compensation from up to two heads of claim. The first is known as general damages which accounts for the direct pain and suffering caused by your injury.
Below is a table of compensation brackets taken from the Judicial College Guidelines (JCG), a tool used to value general damages. The entries in this table are not guaranteed amounts because each personal injury settlement will vary depending on the specific circumstances of the case. As such, you should only use the figures in the table as a guide.
|£324,600 to £403,990
|The award is influenced by certain factors, such as age, the presence of respiratory issues and depression.
|£219,070 to £284,260
|Award will vary depending on several factors such as the person’s age, life expectancy and the psychological impact.
|£282,010 to £403,990
|There is a requirement for full-time care.
|£219,070 to £282,010
|The person has a very serious disability and is substantially dependent on others. They also need constant care.
|Pelvis and Hip Injury
|£78,400 to £130,930
|Extensive fractures involving dislocations and a ruptured bladder.
|£54,830 to £87,890
|Very serious injuries that necessitate the permanent use of mobility aids for the rest of the person’s life.
|£15,650 to £32,010
|Impairment of function is caused but there is no major surgery or significant disability.
|£14,840 to £26,190
|Injuries that involve dislocation, torn cartilage or meniscus. This leads to minor instability, wasting and weakness alongside other mild future disability.
|£12,510 to £27,760
|Ligament and muscle disturbance causing back ache.
|£6,610 to £19,200
|A simple forearm fracture.
Claiming Financial Losses After An Accident In The Workplace
The other head of claim is known as special damages. This accounts for any past and future financial losses you suffered because of your injury.
Here are some examples of the costs you could claim back under special damages:
- Medical expenses
- Travel costs
- Loss of income
- Care costs
It is important to remember that you should provide evidence of these losses, such as payslips and receipts.
If you would like a personal estimate of what you could receive following a successful claim, you should contact one of our advisors. They can offer a free valuation of your case.
In order to begin a personal injury claim for injuries sustained in a forklift accident at work, you need to prove the following:
- Firstly, that your employer owed you a duty of care at the time and place of the accident.
- Secondly, that there was a breach of this duty.
- Thirdly, that your injuries were caused as a result of the breach.
These three points form the basis of negligence, for which personal injury compensation could be sought.
The Health and Safety at Work etc. Act 1974 outlines the duty of care employers owe their employees to take steps considered both reasonable and practicable as a way to prevent them from becoming injured at work. As mentioned, one of the steps they need to take is to provide adequate training. Additionally, they should carry out regular risk assessments and act on any findings that pose a risk to employees. If you are unsure about when exactly you can make a compensation claim for this type of forklift accident you can read our guide here.
If your employer has failed to uphold their duty of care and caused you to sustain harm as a result, please get in touch with an advisor. They can discuss when you could be eligible to make a workplace accident claim.
The Provision and Use of Work Equipment Regulations 1998 (PUWER) places a duty on those who own, operate or have control over workplace equipment as well as those who have employees that use the equipment. It states that any equipment provided for use at work needs to be:
- Suitable for its intended use
- Safe for use
- Maintained in a safe condition as well as regularly inspected
- Used by people who have adequate training
- Accompanied by suitable health and safety measures, for example, protective devices and controls.
A failure to do so could lead to the following accidents and injuries:
- An employee may have received inadequate training before being asked to operate a forklift truck. As a result, they lose control of the truck and crash causing them to sustain a severe head injury in a forklift truck accident.
- As a result of dangerous working practices, including an employer not addressing any faults with equipment that they are made aware of, an employee sustains a neck injury in a forklift crash.
Is There A Time Limit To Claim For A Workplace Injury?
Generally, the time limit for beginning a personal injury claim is three years from the date of the accident as outlined under the Limitation Act 1980. However, in certain circumstances exceptions could apply to the standard time limit.
To discuss your specific accident to find out whether you’re eligible to make a forklift accident claim and how long you have to do so, get in touch on the number above.
When making a forklift accident claim, evidence can be used to prove an injury at work was caused by your employer breaching the duty of care they owed you. It can also prove any financial losses and give details on the extent to which your injuries affected your life. Examples of the evidence you could gather and how it could support your case include:
- CCTV footage of the accident – This can highlight any hazards that contributed to or caused the accident in which you sustained harm.
- A diary of containing details about your injuries – This can highlight your psychological and physical state after the accident and during the recovery period. You can also include details of any treatment you received.
- Medical records, such as an independent medical report – This can help show the extent to which your injuries have affected your life and any long term effects they will cause.
- Photographs – For example, you can take pictures of your injuries and any hazards at the accident scene.
- Contact details of witnesses – These can be collected so that a statement can be taken at a later date.
- Accident report – You should fill in the accident book at work. A copy of this can provide details on how the accident happened and the injuries you sustained.
- Financial documentation – For example, payslips which can prove any loss of earnings.
If you are struggling to collect evidence to support your claim, a solicitor from our panel could help. They have experience handling personal injury claims and could ensure your case is presented in full within the relevant time limit.
To find out whether a solicitor from our panel could represent your claim and learn more about the services they can offer, get in touch on the number above.
The No Win No Fee solicitors from our panel could offer to work your claim under a Conditional Fee Agreement. This specific type of No Win No Fee contract typically allows you to access their services without paying an upfront fee or ongoing costs. Also, there are no payments to make for the work the solicitor has done if the claim has an unsuccessful outcome.
In the event of a successful personal injury claim, you will be charged a minor success fee, which will be taken as a small percentage of your compensation. The Conditional Fee Agreements Order 2013 sets a cap on how much can be taken.
Talk To Us
For more information on whether you’re eligible to make a forklift accident claim with a solicitor from our panel, get in touch with an advisor. To reach them, you can:
You can find more of our guides relating to accident at work claims below:
- When could you make a forklift accident claim against your employer?
- What is an employer’s responsibility when a worker is injured?
- Can I claim compensation for an accident at work when self-employed?
- Pallet truck accidents are also a danger in workplaces and this guide explains your rights if you get hurt by one.
For more external resources:
- GOV.UK – Request CCTV footage of yourself
- NHS – How to get your medical records
- HSE – Machinery safety
For more information on making a forklift accident claim, get in touch using the contact details provided above.
Page by WD
Published by NL