This guide will explain how to make a forklift accident claim if you have been injured at work. Businesses often use forklift trucks to lift large items that are stacked on crates or palettes. However, if forklift trucks are used incorrectly, a forklift accident can injure the operator or a worker. This guide will look at who is eligible to make a forklift accident claim, how the claiming process works and what compensation could be awarded in a successful claim.
If a forklift truck accident injured you, you could claim compensation for your injuries. Public Interest Lawyers work with a panel of No Win No Fee solicitors to help claimants like you get the compensation they deserve. Please get in touch with our team, and if you are eligible to make a forklift truck accident claim, a lawyer from our panel can work on your case.
Please get in touch to talk about claiming compensation for a lift truck accident:
- Call 0800 408 7825
- Contact us to send a message
- Or ask a question using the support widget on your screen
Select A Section
- What Is A Forklift Accident Claim?
- Health And Safety For Lift Truck Vehicles
- Is There A Maximum Payout For A Forklift Accident Claim?
- How To Get The The Maximum Payout For A Forklift Injury Claim
- Settlements For A Forklift Accident Claim
- Speak To A Workplace Accident Claim Expert
A forklift truck accident is any unwanted mishap involving a lift truck. This can cause a workplace injury. The lift truck accident could injure a worker, a forklift operator or anyone within the vicinity. According to the Health and Safety Executive, lift trucks are particularly hazardous and cause a quarter of workplace vehicle accidents.
In a sense, there is no forklift truck licence that forklift drivers can obtain. There is an Approved Code of Practice, and guidance for forklift trucks use that can be used. Workers should only drive a forklift truck if they receive the proper training to prevent avoidable accidents and injuries in the workplace.
What Could Cause A Forklift Truck Accident?
Here are some causes of forklift truck accidents:
- A worker without adequate training or supervision is allowed to drive a forklift truck. Consequently, the worker causes an accident.
- A forklift truck that has not been checked for faults or properly maintained can topple over, so a worker can experience crush injuries.
- Forklift trucks can crash or collide, running a worker over or injuring the forklift truck driver.
- The truck can hit a worker or pin them against a static object.
- Moreover, spillages on the floor mean the truck can skid, causing a collision.
Now let’s look at what health and safety regulations apply to using forklift truck vehicles at work. Firstly, the Health and Safety at Work etc. Act 1974 states that employers owe their workers a duty of care, meaning that the employer is responsible for their welfare. So, employers must implement appropriate health and safety standards at work.
There is also legislation relevant to using machinery in the workplace. The Provision and Use of Work Equipment Regulations 1998 require employers to do the following when using equipment at work:
- Equipment must be checked for defects regularly
- Equipment must be properly maintained
- Only trained persons should use the equipment
- And suitable for the manner, it is intended for
The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) require activities using lifting equipment to be planned and supervised by a competent person. Moreover, the equipment must be used to limit the risk of injury.
Lift Truck Safety Statistics
HSE provided statistics for fatal accidents in the construction industry during 2021/22. In total, 30 workers lost their lives in construction during 2021/22. This included
- 51% of workers were fatally injured when they fell from a height.
- 14% happened because a worker was trapped by something collapsing or overturning.
- Meanwhile, 10% were caused by a moving object.
- 9% of fatal accidents were because a worker was struck by a moving vehicle.
- And 6% were caused by electricity.
To find out if you can make a forklift accident claim call our advisors today for free legal advice.
To claim compensation for a forklift injury after an accident at work you must show how your employer’s negligence caused your forklift truck accident. You may wonder if there is a maximum payout for a personal injury. Every personal injury claim is unique. Although some claims may be similar, they will have their own circumstances. Two people could suffer similar injuries in an accident, but their financial losses may differ.
Our advisors can assess your case right now free of charge. They could also estimate what you could potentially receive if your forklift accident claim is successful.
If you wish to make a forklift injury claim, you will need to meet the following criteria:
- Firstly, your employer owed you a duty of care at the time and place of the incident.
- However, the employer acted negligently, therefore breaching their duty of care.
- The negligence caused a forklift truck accident, which injured you.
For your claim to succeed, you will require supporting evidence. The evidence to prove your personal injury claim can include photographs of your injuries, medical records and CCTV footage of the accident.
The time limit for claiming compensation is usually three years from the date of the accident. Please call Public Interest Lawyer’s helpline for more information on how to claim.
If you win your forklift accident claim, you can receive up to two types of compensation. The first type is general damages compensation, which is for the pain, suffering and loss of amenity the injuries caused. You can use the table below to estimate how much general damages compensation you could claim. Please look up your injuries to see what you can claim.
|Moderate – C – i
|£150,110 to £219,070
|The person was left with a moderate to severe degree of intellectual deficit as well as changes to their personality. Sight and speech could also be impacted.
|Moderate – C – ii
|£90,720 to £150,110
|The person was left with moderate to modest degrees of intellectual deficit. Their ability to work is either greatly reduced or has been lost.
|Moderate – C – iii
|£43,060 to £90,720
|The person has been left with impacts to their concentration and memory.
|Severe – A
|£19,200 to £48,030
|Shoulder injuries which may be associated with neck injuries such as injuries of the brachial plexus.
|Moderate – C
|£7,890 to £12,770
|Injuries such as a frozen shoulder which causes symptoms for 2 years.
|Moderate – B – i
|£26,590 to £39,170
|There has been a significant pelvic or hip injury, but there is not any major permanent disability as a result.
|Moderate – B – ii
|£12,590 to £26,590
|The injury could have required surgeries such as a hip replacement.
|Moderate – B – i
|£27,760 to £38,780
|Many different types of brack injury are included in this bracket. Examples could include crush fractures.
|Moderate – B – ii
|£12,510 to £27,760
|The bracket includes frequently seen back injuries such as disturbances to ligaments and muscles.
|Other Arm Injury
|£6,610 to £19,200
|A simple break or fracture of the forearm bones.
The compensation brackets in the table are based on guidelines from the Judicial College (16th edition, published in 2022). However, if you receive compensation, the amount may vary depending on your circumstances. If you call Public Interest Lawyer’s helpline, a member of our team can value your claim.
In addition, you could also receive special damages compensation. Special damages compensation will reimburse you for the necessary expenses and financial losses your injuries cost you. For example, you can claim for loss of earnings if you were absent from work to recover from your injuries.
Call our team today, and an advisor can let you know if you are eligible to pursue a personal injury claim for compensation following a forklift truck accident. Moreover, we can appoint a skilled lawyer from our panel to manage your claim.
If a member of our panel of solicitors takes on your claim, it will be on a No Win No Fee basis. Very often, No Win No Fee solicitors will use a Conditional Fee Agreement as the funding arrangement. You won’t pay an upfront solicitors fee. You will instead pay a success fee if you win your claim. The fee is capped, so you receive most of your compensation payout.
Please get in touch with us to enquire about claiming compensation for a forklift accident:
- Please call Public Interest Lawyer’s helpline on 0800 408 7825
- Contact us to arrange a callback
- Or you can web chat with an online claims advisor now
Learn More About Workplace Vehicle Accident Claims
Please get in touch with us to see if you can receive compensation for a workplace injury.
Provision and Use of Work Equipment Regulations 1998 (PUWER) – an HSE guide
Lifting Operations and Lifting Equipment Regulations (LOLER) – an HSE guide
How do I know if I’ve broken a bone? – an NHS guide
Thank you for reading our guide to a forklift accident claim.