By Lewis Houston. Last Updated 29th November 2022. In this guide, we’ll give you advice and guidance about making a personal injury claim for a factory forklift accident. You will learn about how forklift accidents happen, and the kinds of injuries they can cause.
In addition, this guide will look at the duty of care that is owed to you in the workplace and when We will also explain how a personal injury solicitor can help you by processing a claim for you.
The circumstances of your claim will undoubtedly be unique in some way. No two claims are identical. Because of this, we may not answer all of your questions in this guide.
If you do have questions that this guide has not given an answer to, please call our claims team. They will be able to answer your questions for you. They may also be able to connect you with a No WIn No Fee lawyer from our panel to handle your claim for you. You may contact them on 0800 408 7825. Otherwise, read on to find out more.
Select A Section:
- What Is A Factory Forklift Accident?
- Can I Claim If I Was Driving The Factory Forklift Truck?
- Can I Claim If I Caused The Factory Forklift Truck Accident?
- What Are The Common Causes Of Factory Forklift Accidents?
- What Are The Common Injuries Caused By Forklift Accidents?
- How Much Are Factory Forklift Accident Claims Worth?
- Connect With A No Win No Fee Solicitor
- Other Links
Around a quarter of all workplace transport accidents in Britain involve lift trucks, according to the Health and Safety Executive (HSE). A factory forklift accident can injure the driver of the vehicle, another employee, or a member of the public. They can be caused by mistakes, a problem with the forklift itself, and other reasons.
The HSE has provided plenty of guidelines for the safe use of forklift trucks. Furthermore, the Health and Safety at Work etc. Act 1974 outlines the general duty of care that an employer has to keep you safe. It states that they need to take all reasonably practicable steps to reduce the risk of harm to employees.
If you are injured in a forklift accident because your employer breached this duty of care they owed you, this could be deemed as negligence.
In order to claim, you need to prove that:
- Your employer had a duty of care towards you
- This duty of care was breached
- As a result of the breach, you were injured
A forklift accident can cause a range of different injuries. While some of these may be relatively minor, others can be more significant. You can claim for serious and minor injuries, as long as you can show that they impacted your quality of life and were caused by negligence.
Can I Claim If I Was Driving The Factory Forklift Truck?
Not every factory forklift accident is caused by mistakes made by the driver. You might be injured as a forklift driver due to external factors.
We have covered some of these below.
- The lift truck was faulty in some way, and this caused an accident.
- The factory floor was unsuitable for the forklift because it was too slippery. This could cause the vehicle to skid, resulting in an accident.
- A hazard in the factory, such as poorly stacked boxes, could fall on the vehicle.
- You’re injured because you’re not given the right Personal Protective Equipment (PPE) for the role. For instance, someone operating a forklift truck might need a hard hat. Your employer should provide you with any necessary PPE.
It’s important to reiterate that your employer must have been negligent in order for you to claim compensation for your injuries. For instance, if the forklift truck was faulty and your employer had not checked and maintained it at appropriate intervals, you may be owed compensation.
If they’d checked the forklift and found nothing wrong and a fault emerged despite this, then you’d be unlikely to be able to claim. This is because your employer took all reasonably practicable steps to ensure your safety at work.
Can I Claim If I Caused The Factory Forklift Truck Accident?
In some cases, you may have caused a factory forklift accident as the driver. However, in certain situations, a personal injury solicitor may still be able to process a claim for you. We have given some examples below.
- The accident was a result of you not receiving sufficient training. As part of your employer’s duty of care, they need to provide you with appropriate training and supervision for all roles.
- Another party contributed to the accident. While you cannot make a claim if you were 100% at fault for the accident, you can make what’s called a “split liability” claim. This is where you claim despite being partially responsible for the accident. Your compensation will be reduced accordingly.
If you’d like to know more about how a factory accident could entitle you to claim, why not get in touch with our team of advisors today? One of them could offer you a free, no-obligation assessment of the value of your claim. Furthermore, they could connect you with a No Win No Fee solicitor from our panel.
Now that we’ve discussed who could be responsible if a forklift accident occurs, we’ll discuss some forklift accident examples that could form the basis of a claim.
Examples of causes of forklift accidents could include:
- If you have not been provided with adequate training on how to operate a forklift, you could accidentally crash and suffer a whiplash injury.
- Someone else may be driving the forklift recklessly or dangerously, resulting in you being hit and experiencing a serious injury.
- Your employer may have failed to carry out regular maintenance checks on forklifts, therefore not identifying a defective machine. For example, there could be a problem with the brakes, which may result in you being injured in a forklift.
If you have any questions about forklift accident claims, you can speak to our advisors at any time.
A factory forklift accident can cause a wide range of injuries, ranging from soft tissue injuries to more serious conditions like brain damage or injury to the spinal cord. In some cases, an accident involving a forklift can be fatal.
Below are some examples of injuries that a lift truck accident could cause.
- A case of whiplash affecting the neck.
- A broken bone. These can vary in severity. For example, a hairline fracture is likely to be less severe than multiple displaces fractures.
- Damage to ligaments and tendons.
- Deep cuts and lacerations.
- A fractured pelvis.
- Psychological damage, such as Post-Traumatic Stress Disorder.
This list of potential injuries is not complete. There are many effects of a forklift accident that you could claim for, but which we have not touched upon here. For more information on whether you have grounds to claim compensation from your employer for injuries sustained in this kind of accident, speak to an advisor today.
How Much Are Factory Forklift Accident Claims Worth?
The amount of compensation you receive for a factory forklift accident will depend on your individual circumstances. Every claim is at least partially unique. This means we can’t give you the average value of compensation you might get.
Some sites include an online personal injury calculator to give you an estimate of the potential value of your claim. We’ve chosen to illustrate potential compensation amounts in the table below.
These figures relate to general damages, which are paid to make up for the pain and suffering caused by your injuries. We created this table by basing it on the guidelines from the Judicial College.
|Medical Condition||Severity||Possible Damages||Info|
|Brain damage||Very Severe||£282,010 to £403,990||Life expectancy influences the award within this category.|
|Knee injury||Severe (iii)||£26,190 to £43,460||Ongoing symptoms cause pain and discomfort.|
|Neck injury||Minor (ii)||£2,450 to|
|A recovery is anticipated to occur by at least a year.|
|Injury to the pelvis||Moderate (i)||£26,590 to £39,170||Any future risk is not significant.|
|Back injury||Moderate (ii)||£12,510 to £27,760||You might suffer backache due to a disturbance of ligaments and muscles.|
|Elbow injury||Moderate||Up to £12,590||Injuries aren't likely to cause permanent damage.|
Up to £9,600
|Surgery may result in permanent scarring.|
|Wrist injury||Uncomplicated||In the region of £7,430||A Colles' fracture|
|Shoulder injury||Minor (ii)||£2,450 to £4,350||Symptoms stop within a year.|
As part of a successful personal injury claim, you may also receive special damages. These are paid to make up for some form of monetary loss. This can be either a predicted loss in the future or one you already experienced.
However, it is important to understand that you will need to provide documented proof of any spending you wish to claim back. If you don’t, you might find it difficult to claim back the full value of this head of your claim.
Below are some examples of some of the losses and costs that special damages could compensate you for:
- Lowered earning potential in the future. For example, if your injuries will prevent you from working in the same job you had before, or mean that you can no longer work full-time.
- The cost of any private medical care that you had to pay for.
- Care costs. For example, if you had to hire a care professional to provide additional help at home.
- Lost earnings. For example, you may have had to take time off work while you recovered.
You might feel unsure as to whether you could claim back some of the costs you have incurred through special damages. We can help. Simply get in touch with an advisor from our team today for a free, no-obligation assessment of your claim.
Connect With A No Win No Fee Solicitor
You may be able to make a personal injury claim for a factory forklift accident by using the services of a No Win No Fee lawyer. A No Win No Fee agreement is sometimes also called a Conditional Fee Agreement (CFA).
Under this kind of agreement, you don’t pay anything to your solicitor unless your claim is successful. Therefore, there are no upfront or ongoing costs to pay them.
You also do not have to pay the lawyer a fee if the claim is not a success. If it is successful, you will pay your solicitor a legally limited success fee out of your compensation.
If you have any additional questions you need to be answered, our team of expert claim advisors can help you further. They can also explain to you how to find a good legal firm to process your claim for you. You can use the contact details below to get in touch with us.
- Call us on 0800 408 7825.
- Use the live chat feature on this page
- Send us a message using our contact form and we will get back to you.
Here are some links to other claims guides we think might be of use to you.
And here are some links to other websites with some more relevant information.
Thank you for reading our guide on claiming for a factory forklift accident.
Article by AH