When Can I Make A Forklift Accident Claim?

If your employer’s negligence has led to you being injured in an accident involving a forklift, you could be eligible to make a forklift accident claim

forklift accident claim

A guide to making a forklift accident claim

This guide explains how you can claim compensation for your injuries, how long you have to start a claim and how much you could receive in a payout. 

Read on to learn more about how you could make a forklift accident claim. You can also get in touch with our team of advisors for legal advice free of charge. Our advisors can potentially connect you with a solicitor from our panel. 

Select A Section

  1. Am I Eligible To Make A Forklift Accident Claim?
  2. Steps To Take Following A Forklift Accident
  3. Check You Are Within The Accident Claims Time Limit
  4. What Injuries Could You Claim For?
  5. Forklift Accident Claims Calculator
  6. Talk To Us About Forklift Accident Claims

Am I Eligible To Make A Forklift Accident Claim?

To discern if you are eligible to make a forklift accident claim, it is important first to understand what duty of care means and how this affects your claim. 

In the workplace, your employer owes you and all other employees a duty of care to take all reasonably practicable steps to keep you from harm. This duty of care is in the Health and Safety at Work etc. Act 1974

Your employer must have breached this duty of care for you to make a valid workplace accident claim. If they took all reasonably practicable steps to keep you safe, but an accident still occurred, you would not be able to claim compensation from your employer.

It is also important that you were injured due to your employer’s negligence. In some instances, your employer could breach their duty of care, but you may not be harmed. 

You cannot claim if you have not experienced some form of personal injury. However, you should know that you can claim for psychological damage after an injury, without related physical harm. 

If you get in touch today, our advisors can also help you check if you are eligible to make a forklift accident claim. 

Steps To Take Following A Forklift Accident

If you’ve been involved in a forklift accident, we first recommend you seek medical attention. A forklift accident could result in injuries of varying severities, and you may need to call 999 or visit your nearest A&E. For minor injuries, you could call 111 or visit your GP

Receiving medical help is also recommended, as any medical reports could be useful evidence for your case. Other evidence types could include:

  • CCTV footage
  • Photographs of the accident or injury
  • Witness contact details so they can provide a statement at a later date
  • Accident report book records

Get in touch with us today to talk to an advisor about how the solicitors on our panel could help you following a forklift accident. 

Check You Are Within The Accident Claims Time Limit

Under the Limitation Act 1980, there is a specific period in which you must start your claim; otherwise, it could be time-barred. 

There are exceptions, but personal injury claims generally have a 3-year time limit. This would apply if you wanted to make a forklift accident claim. 

As aforementioned, there are some exceptions to this 3-year rule. For example, in cases of child accident claims or where the claimant is an adult with diminished mental capacity. 

If a minor is injured in a forklift accident, they would be unable to represent themselves in civil proceedings. They need a litigation friend to start a claim on their behalf. This can be any court-appointed or court-accepted adult trusted to make decisions in the claimant’s best interests. 

A litigation friend can start a claim at any time until the claimant turns 18. If a claim was not started before this time, the claimant would have 3 years from their 18th birthday to do so themselves. 

Likewise, if someone with diminished mental capacity wants to make a claim, they would need a litigation friend to act on their behalf. The claim can be started at any point unless the claimant makes a recovery, at which time they would have 3 years to start a claim. 

What Injuries Could You Claim For?

Forklift accident injuries could vary in type and severity. Some examples could include:

For example, if you were working in a warehouse and a forklift tipped over onto you, you could suffer severe crush injuries to your limbs. 

Contact us to find out more about what injuries you could claim for in a forklift accident claim. 

Forklift Accident Statistics

The Health and Safety Executive (HSE) is Britain’s regulator for health and safety in the workplace. They also collate helpful statistics on workplace accidents. 

Provisional statistics for 2020/21 show that employers reported 1,079 non-fatal injuries across all industries relating to being struck by a moving vehicle. Employers reported these incidents through the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). However, not all of these instances will have involved a forklift. 

The graph below shows a breakdown of struck by moving vehicle statistics according to industries that may require forklifts as part of the job. 

Forklift Accident Claim

Forklift Accident Claims Guide

Forklift Accident Claims Calculator

The table in this section includes potential compensation amounts listed in the Judicial College Guidelines that you could receive as general damages in a forklift accident claim. General damages compensate you for the pain and suffering you have experienced as a result of the accident or injury. 

You will need to attend a medical appointment for an assessment of your injuries. This will be key in helping to evaluate how much you should receive in general damages. 

Injury Severity Amount Notes
Brain Moderate (ii) £85,150 to £140,870 Ability to work is greatly reduced and there is a moderate to modest intellectual deficit. There is also some risk of epilepsy.
Chest (b) £61,710 to £94,470 Traumatic injury to the chest, lung(s) and/or heart causing impairment of function, physical disability, permanent damage and a reduction of life expectancy.
Neck Moderate (i) £23,460 to £36,120 Injuries such as dislocations and fractures. There will be immediate and severe symptoms that may require spinal fusion.
Psychiatric Moderate £5,500 to £17,900 There will be issues with daily activities, work and relationships but the claimant will have made a marked improvement by the trial date and the prognosis for recovery will be good.
Clavicle (e) £4,830 to £11,490 Bracket will be judged upon the level of disability, lasting symptoms and extent of fracture.
Wrist (a) £44,690 to £56,180 Injuries that have resulted in the wrist losing all functionality.
Back Moderate (i) £26,050 to £36,390 Some examples include compression/crush fracture of the lumbar vertebrae with a substantial risk of osteoarthritis and related discomfort and pain. Or traumatic spondylolisthesis with the probability of a spinal fusion.
Leg Amputation (i) £225,960 to £264,650 Loss of both legs. Bracket will also be judged upon any phantom pains, the success of prosthetics, associated psychiatric issues and other side effects.
Jaw (iii) £6,060 to £8,200 Simple fracture requiring immobilization but recovery will be complete.
Foot Severe £39,390 to £65,710 Fracture of both heels or feet. Related severe pain and restriction on mobility. Could also apply to severe injuries to one foot.

Another head of claim could be special damages, where you are compensated for the financial loss you have experienced. This loss must be directly related to your accident or injury, such as a reimbursement of taxis or public transport costs if your forklift accident has left you unable to drive. 

You can potentially also claim the costs of future loss. For example, if you need to take time off work to recover from your injuries, you could experience a continuous loss of earnings. You could claim this back as special damages. 

Talk To Us About Forklift Accident Claims

Hopefully, you now feel you understand more about how to make a forklift accident claim. However, you may still have questions about hiring legal representation. 

The solicitors on our panel have years of experience to offer and can provide a No Win No Fee agreement as a way to fund their services. This means there are no upfront solicitor fees or ongoing fees. 

You only pay your solicitor their fee if they help you with a successful claim. This payment is in the form of a legally capped success fee, so you get to keep most of your compensation. 

If this type of agreement sounds appealing to you, get in touch with us today to find out more. Our team of advisors can connect you with a solicitor from our panel who can help you start a forklift accident claim. 

Further Resources

We hope this guide on making a forklift accident claim was helpful. For further relevant resources, please see below. 

Building and Construction Accident Claims – Find out more about how to claim for construction accidents. 

Claiming Compensation After Industrial Accidents – Learn how to claim compensation after being involved in an industrial accident. 

Compensation for a Crushed Leg and PTSD – This article explains how to claim if you have suffered a crushed leg injury and related PTSD. 

Lift Trucks – HSE health and safety guidance on the use of lift trucks.

Statutory Sick Pay – This Government guide explains how to claim SSP after time off work.

Compensation for Injuries at Work – Government page on claiming compensation after an injury at work.

Please get in touch if you have any further queries about making a forklift accident claim.

Article by AO 

Publisher UI