Claiming Compensation After Warehouse Forklift Accident

By Megan Webster. Last Updated 21st November 2022. 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: 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

Forklift Truck Accidents – How Do Forklift Accidents Happen?
Forklift Health And Safety Rules
What Step Should Employers Take To Prevent Forklift Accidents?
How Do Forklift In A Warehouse Accidents Happen?
Do I Have A Forklift In A Warehouse Accident Claim?
The Time Limit To Claim For Forklift Truck Accidents
Forklift Crash Compensation Payout Examples
Start Your Claim
Warehouse And Workplace Accident Claims

Forklift Truck Accidents – How Do Forklift Accidents Happen?

You may be wondering how forklift truck accidents can occur and how your employer could be considered liable for them. In order to successfully claim, you would need to prove that you had suffered an injury as a result of your employer breaching their duty of care towards you.

Let’s look at some examples:

Your forklift fails to function properly due to a lack of routine maintenance checks. This results in you crashing into shelving and suffering a crush injury.
Your employer has not provided adequate training on how to use a forklift, which results in you losing control when using it and crashing. As a result, you may suffer from whiplash injuries.
Due to a lack of risk assessment, there may be obstacles on the warehouse floor that you may crash into when using a forklift. This could cause you to fall from the forklift and suffer a head injury.

For free legal advice on making forklift accident claims, speak to an advisor at any time.

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:

Crashes
Slip and falls
Whole Body Vibration injuries

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.

The Time Limit To Claim For Forklift Truck Accidents

If you were injured in a warehouse forklift accident, such as a forklift crash, you could make a claim if it was caused by the negligence of your employer. However, for all accident at work claims, there are time limitations that apply. These time limits can be found in the Limitation Act 1980. Generally, the time limits for starting a claim are:

3 years from the date you were injured or;
3 years from the date you first realised that your injuries were caused by negligence.

However, there are some exceptions to these limitations. For example:

If minors are injured in an accident at work, they will have 3 years to start a claim from their 18^th Before this, the time limit is suspended. Alternatively, a litigation friend could make a claim on their behalf before their 18^th birthday.
For people who lack the mental capacity to make a claim on their own, they will have 3 years if they regain this mental capacity. Or a litigation friend could make a claim for them before this point.

Contact our friendly advisors today for further guidance regarding the time limitations for claiming for forklift truck accidents.

Forklift Crash Compensation Payout Examples

You may want more information about your potential compensation if you’ve suffered an injury from a forklift accident in a warehouse. You would only be able to claim for injuries caused by a forklift crash if you can show they were caused by third-party negligence.

There are two potential heads of claim in a personal injury claim. They are:

General damages – This figure is for the suffering and pain caused by the injury. An independent medical assessment will be done as part of the claims process to determine your prognosis, the full extent of your injury, etc. Factors such as these will dictate what you receive from this head of claim.
Special damages – This figure is for the financial losses caused by the injury. This can include travel costs, loss of earnings, care costs and home adjustments. If you’re claiming for special damages due to being injured by a warehouse forklift, for instance, remember that you will need evidence to prove the losses. This can include invoices, bank statements and receipts.

The Judicial College Guidelines (JCG) can give you a better idea of your potential general damages compensation figure. The figures below have been taken from the latest guidelines, published in 2022. The figures have been calculated using successful court cases in Wales and England.

However, it’s important to note that this information is only designed to give you an idea of what you could receive.

Injury	Severity	Notes	Amount
Injury Resulting in Brain Damage	(c) Moderate (ii)	In which there is a small but noticeable deficit to intellect. The ability to work is also reduced with a slight risk of epilepsy.	£90,720 to £150,110
Injury to the Pelvis or Hips	(b) Moderate (i)	In which there has been a significant injury to the hip such as a fracture but no permanent disability is expected.	£26,590 to £39,170
Injury to the Elbow	(b) Less Severe Injury	In which an injury causes impairment but will not require major surgery.	£15,650 to £32,010
Injury to the Leg	(c) Less Serious (i)	This will cover fractures and serious injuries to soft tissue, but will have further complications where the person may be left with a limp.	£17,960 to £27,760
Injury to the Knee	(b) Moderate (i)	Torn cartilage or meniscus injuries or knee dislocation that cause slight instability	£14,840 to £26,190
Injury to the Neck	(b) Moderate (ii)	In which there is an injury to soft tissue as well as possible lesions of discs, limitation of movement, as well as considerable levels of pain. May need more surgery.	£13,740 to £24,990
Injury to the Foot	(f) Moderate	A permanent deformity due to displaced metatarsal fractures that cause continuing symptoms.	£13,740 to £24,990
Injury to the Wrist	(c)	The person will suffer with a degree of persisting stiffness and pain in the wrist following a less severe injury.	£12,590 to £24,500
Injury to the Shoulder	(c) Moderate	In which the person will suffer from a frozen shoulder which will result in limited movement.	£7,890 to £12,770
Injury to the Arm	(d)	Simple fractures in one forearm.	£6,610 to £19,200

To discover more about your potential compensation, please contact us for a free consultation using the details below.

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.