How To Claim If Injured In A Forklift In A Warehouse Accident

As a worker, you may hope that you are never involved in a warehouse forklift accident. Since their invention in 1917, forklifts have made jobs that traditionally involved heavy manual lifting much easier. 

forklift in a warehouse accident

Forklift in a warehouse accident: a guide

However, accidents can still occur. If you have been involved in a warehouse forklift accident that wasn’t your fault, speak to our advisors today. They can connect you to a solicitor from our panel. They can offer free legal advice if you are interested in a claim. To find out more, get in touch by:

  • Calling us on 0800 408 7825
  • Using the live chat feature seen at the bottom of this page
  • Contacting us directly through this website

For more general information on what you could do following a warehouse forklift accident, please continue reading.

Select A Section

  1. What Is A Forklift In A Warehouse Accident?
  2. Forklift Health And Safety Rules
  3. What Step Should Employers Take To Prevent Forklift Accidents?
  4. How Do Forklift In A Warehouse Accidents Happen?
  5. Do I Have A Forklift In A Warehouse Accident Claim?
  6. Forklift In A Warehouse Accident Compensation Calculator
  7. Start Your Claim
  8. Warehouse And Workplace Accident Claims

What Is A Forklift In A Warehouse Accident?

A forklift accident in a warehouse can occur in a number of ways. It may result because of a lack of training, poor vehicle maintenance, or a lack of attention being paid while operating the machinery. 

This can result in injuries such as:

  • Soft tissue damage
  • Sprains and strains
  • Fractures
  • Lacerations
  • Whiplash

At work, your employer has a responsibility to protect the health and safety of you, your colleagues, and any visitors on site. Consequently, this is legally known as a “duty of care”. 

Negligence is proven when it can be established that a party had a duty of care and they failed to meet it. Not only this but if this breached duty of care directly caused an injury, your employer could be found liable for negligence.

This could happen if they do not provide workplace provisions as mentioned in The Workplace (Health, Safety, and Welfare) Regulations 1992. However, the Health and Safety Executive (HSE) also lays out guidelines for the operation and maintenance of lift trucks, including forklifts. (The HSE is a government agency that regulates workplace health and safety.) 

To operate a forklift, you must receive training from an accredited body. If your employer fails to ensure you have appropriate training before asking you to operate a forklift, this could be regarded as negligent. 

When making any personal injury claim, it is important to note that the injury must not be your fault and must be a result of another party’s negligence. If you crashed a forklift because you were not paying attention, your employer would not be liable and you would not have a claim. 

However, if you were only partially liable for your injuries, you could still claim.

Forklift Health And Safety Rules

The HSE lays out a number of guidelines aimed at keeping those who use forklifts in warehouse settings as safe as possible. These can be found in their guide, Use lift trucks safely. If you use a forklift, you should:

  • Ensure that you receive appropriate and adequate training from an accredited provider
  • Conduct a pre-usage check of the vehicle
  • Wear the appropriate restraints if they’re fitted
  • Travel at a speed that is right for the location and load being carried
  • Move with the forks lowered, but not on the ground
  • Never drive on uneven surfaces
  • Do not attempt to operate the forklift from outside its cab

Ensuring that employees are properly trained to operate lift trucks is not just sensible, it’s the law. Section 2 of the Health and Safety at Work etc. Act 1974 (HASAWA) underlines that employees must receive adequate health and safety training. 

The Lifting Operations and Lifting Equipment Regulations 1998 means that forklifts must go through a thorough examination. This means that any forklifts that regularly go through conditions that might cause deterioration must be regularly inspected and maintained. This includes “wet, abrasive, or corrosive environments” according to the HSE’s guide Thorough examination of equipment

Failing to make regular checks of equipment may lead to the machinery breaking down, which may lead to injuries in the workplace.

What Step Should Employers Take To Prevent Forklift Accidents?

A good step for all employers to take is making sure all forklift operators are adequately trained by accredited providers. The HSE outlines the lift-truck training scheme on their website. 

Regular maintenance is also important as it is better to find and resolve issues before they create accidents and injuries.

Otherwise, employers should strive to practice good housekeeping of the warehouse in line with HASAWA regulations.

How Do Forklift In A Warehouse Accidents Happen?

If a forklift is not properly maintained or workplace hazards such as spillages or trailing wires are ignored, this could lead to operators being jerked or thrown from the forklift. In more serious situations, this may cause you to crash the forklift leading to a more serious injury.   

There are a number of warehouse forklift accidents that can happen. For example:

Whole Body Vibration happens as forklift operators sit so close to a motor that rumbles heavily. These vibrations can cause back pain or pelvis injuries when particularly large jolts occur. 

Slips and falls may occur if parts of the machine have come loose over time, such as the seat or the seatbelt. 

Trailing wires may be dangerous as these can get caught on the forklift and cause the operator to be thrown off and injured.

If you have been involved in a warehouse forklift accident, speak to your doctor as soon as possible. 

Do I Have A Forklift In A Warehouse Accident Claim?

Substandard training, housekeeping or maintenance is where we might see warehouse forklift accidents arising. If this happens to you and it wasn’t your fault, there are a few steps you may wish to take. This is especially true if you are looking to start an injury claim related to a forklift accident.

After an accident, always seek immediate medical attention. Not only could this help you out with a potential claim as medical notes, but your own health and safety are also of key importance.

If you choose to do so, you can then speak with a personal injury solicitor, who can advise you on what to do next, whether you have a valid claim and how to put a claim together. Please note that to pursue a claim, you do not need to use the services of a personal injury solicitor. However, you may find that the process is easier with one than without.

Next, consider collecting evidence to support your claim. Some important sources of proof could include:

  • Footage from relevant CCTV cameras
  • Contact details from eyewitnesses for statements later
  • Photography relevant to the accident

Medical Evidence

If you have chosen a personal injury solicitor to assist you, they should ask you to attend a medical assessment. This is important as it can conclusively prove your injuries were directly caused or worsened by the accident. The independent medical professional would also assess the severity of your injuries, and your solicitor could use the resulting report as evidence. 

If you need extra help with your warehouse forklift accident claim, you could speak to our advisors. They give free legal advice and are available 24/7 for your ease. If you have a solid claim, they can connect you to a solicitor from our panel who can offer their services on a No Win No Fee basis.  

Forklift In A Warehouse Accident Compensation Calculator

If you have been involved in a warehouse forklift accident that wasn’t your fault and you were injured, you may be curious about how much compensation you could be entitled to. Therefore, we have provided estimates in the compensation table below, based on figures in the Judicial College Guidelines

While these can offer a great starting point to know what a claim is worth, they are ultimately still a guide. Always speak to a personal injury solicitor (or our advisors) if you would like to know more about the compensation you could be entitled to.

InjurySeverityNature of IncidentPossible Compensation
Injury to the Brain(c) (ii) Moderate brain damageIn which there is a small but noticeable deficit to intellect. Ability to work reduced. £85,150 - £140,870
Injury to the Shoulder(c) ModerateIn which the injured will see a frozen shoulder and a limitation on their movement.£7,410 - £11,980
Injury to the Neck(b) (ii) ModerateIn which there is an injury to soft tissue as well as possible lesions on discs, limitation of movement, as well as considerable levels of pain. May need more surgery.£12,900 - £23,460
Injury to the Pelvis(b) (i) ModerateIn which there has been a significant injury to the hip such as a fracture but no permanent disability is expected.£24,950 - £36,770
Injury to the Elbow(b) Less Severe InjuryIn which an injury causes impairment but will not require major surgery.£14,690 - £30,050
Injury to the Leg(c) (i) Less Serious Leg InjuryThis will cover fractures and serious injuries to soft tissue but will have further complications where the injured may be left with a limp.£16,860 - £26,050

Your injury may not be listed above. Consequently, for more specific advice, speak to our advisors who can value your claim for free with no obligation for you to proceed with our services. 

Compensation can be thought of in two distinct ways. You may have read about both general damages and special damages.

General damages means compensation for injuries diagnosed by a doctor. Therefore, this includes emotional, physical, and mental injuries.

Special damages are slightly different. This refers to compensation for monetary losses caused by the injury. Therefore, this may mean lost wages or money spent going to and from hospital appointments can be included in the claim.

As such, both general and special damages are there to restore you to the point you were at before your injury occurred. 

Start Your Claim

If you’re interested in starting a claim related to a warehouse forklift accident, you may be considering getting a solicitor to represent you on a No Win No Fee basis. No Win No Fee is attractive because you do not have to pay any solicitor fees upfront or while your claim is ongoing. 

If your claim wins, you pay a success fee that is legally capped to a small percentage. If you are unsuccessful, you will not pay your solicitor’s fees at all. 

More help is available if you would like more information about No Win No Fee. 

If you would like free legal advice on your warehouse forklift accident, why not get in touch? You can do so by:

  • Calling us on 0800 408 7825
  • Using the live chat feature seen at the bottom of this page
  • Contacting us directly through this website

Our advisors are available 24/7 and you’ll be under no obligation to proceed with the services of our panel of solicitors. Additionally, our advisors give free legal advice. What’s more, they could connect you to our panel if you have a solid claim.

Warehouse And Workplace Accident Claims

Accident at Work Back Injury Compensation Case Study Guide

Accident at Work Knee Injury Compensation Case Study Guide

Broken Elbow Compensation Case Study Guide

Lift trucks – frequently asked questions – HSE

Rider operated lift trucks – approved code of practice

Request CCTV footage of yourself

We also have some other guides you may find useful:

Thank you for reading our guide exploring what you could do if you were injured in a forklift in a warehouse accident that wasn’t your fault. 

Article by EC 

Publisher UI