Forklift Accident And Injury Claims

In this guide, we aim to help you understand whether you can make a personal injury claim for an injury sustained in a forklift accident.

Forklift accident

Forklift accident guide

We’ll look at how someone’s negligence could cause you to sustain harm in different types of forklift truck accidents.

Additionally, we’ll provide information on the compensation you could receive and how your settlement may be calculated.

Furthermore, we’ll explore the benefits of hiring a solicitor who works on a No Win No Fee basis to represent your claim.

If you require any further help whilst or after reading this guide, our team can answer any additional questions that you may have. All you need to do is get in touch on the details below.

  • Phone number: 0800 408 7825
  • Online form: Contact us by filling out the online form with your query.
  • Live chat: Speak with an advisor at a time convenient to you by using the live chat function below.

Select A Section:

  1. What Are Forklift Accidents?
  2. Who Is Responsible If A Forklift Accident Occurs?
  3. What Is The Most Common Forklift Accident?
  4. How Long After An Industrial Accident Can You Claim?
  5. Am I Eligible To Claim For A Forklift Accident?
  6. What Can You Claim For After A Forklift Accident?
  7. Contact Us About No Win No Fee Forklift Accident Claims
  8. Useful Links

What Are Forklift Accidents?

An accident involving a forklift truck could result in various parties sustaining harm, such as the driver or a bystander. If the accident was caused by someone else’s negligence, the person injured could make a compensation claim.

The Health and Safety Executive (HSE) is a UK government agency that regulates, enforces and encourages health and safety in the workplace.

As such, they have published guidance in Rider-operated lift trucks: Operator training and safe use. The document sets the minimum standard of basic training that should be given to people before they operate certain types of lift trucks.

It also provides information on the different pieces of legislation in place that employers must follow. Failure to adhere to the legislation could result in accidents occurring, potentially causing employees to sustain harm in a forklift accident.

Who Is Responsible If A Forklift Accident Occurs?

Determining who is liable for a forklift accident can be complex as it depends on the circumstances in which the accident occurred.

In some circumstances, the employer may have been responsible for the accident that caused their employee to sustain harm.

All employers have a responsibility to uphold their duty of care to their employees. As per Section 2 of the Health and Safety at Work etc. Act 1974, they must do everything they reasonably can to keep their employees safe.

However, if they fail to do so, it could result in an accident. For instance, they may have failed to provide adequate training before allowing an employee to operate a forklift truck. As a result, the employee may have been unable to control the vehicle resulting in them sustaining a minor head injury.

Employees also have a duty of care to do everything they reasonably can to protect themselves and their co-workers. For instance, they must adhere to the training their employer has provided them. Failing to do so could cause themselves or their co-workers to sustain a workplace injury.

For more information on liability in an accident at work, call our team on the number above.

What Is The Most Common Forklift Accident?

There are various causes of a forklift accident, including those where your employer may have acted negligently. Below we have provided examples of certain risks or hazards that could lead to a workplace accident involving a forklift truck.

  • Insufficient training: An employer must provide you with adequate training on how to do your job safely and effectively. They should ensure you’ve completed an approved forklift training course. Failing to do so could put you and others at risk of sustaining multiple injuries in a forklift truck accident.
  • Defective equipment: Your employer should carry out regular risk assessments to ensure equipment, including vehicles, are safe and fit for the purpose they were intended for. If they fail to do so, an employee could experience a malfunction when operating the vehicle causing them to sustain multiple fractures.

How Long After An Industrial Accident Can You Claim?

As per the Limitation Act 1980, there is a time limit in place for personal injury claims. Generally, you will have three years from the date of the accident to start your claim. However, there may be exceptions in certain circumstances, which we have discussed below.

  • Child accident claims: For anyone under the age of 18, someone could apply to act as a litigation friend and claim on your behalf up until you turn 18. There are certain people who could apply to act as a litigation friend, such as a solicitor, parent or guardian. Alternatively, you will have three years from the date of your 18th birthday if no one has put forward a claim for you before that date.
  • Reduced mental capacity: For those who have a reduced mental capacity, the time limit is frozen. During this time, a litigation friend could claim on their behalf. If they recover their mental capacity, the three years will start from the recovery date.
  • Date of knowledge: There are certain injuries that you may not be aware of straight away. In these cases, you will have three years from the date you became aware that someone else’s negligence caused or contributed to the accident in which you sustained harm.

You can call and speak to one of our advisors to learn exactly which time limit will apply based on your own circumstances following a forklift accident.

Am I Eligible To Claim For A Forklift Accident?

If you have been injured in a forklift accident, you should take certain steps before making a claim.

For instance, you should seek medical attention for any injuries you’ve sustained. In doing so, you should receive the correct treatment and there will be a medical record of your injuries. The medical record could be used as evidence to support your claim.

Additionally, you may wish to gather other relevant evidence that could highlight someone else caused the accident in which you sustained harm by failing to uphold their duty of care. For instance:

  • Photographic evidence of the accident scene. You could also ask for a copy of CCTV recordings if appropriate.
  • Witness contact details.
  • Records of your accident in the workplace accident book.

If you’re unsure how to gather these pieces of evidence, you may find it beneficial to seek legal advice from our team. If they find you have a valid claim, they could appoint a solicitor from our panel to help you with your case.

For more information, use the number above to get in touch.

What Can You Claim For After A Forklift Accident?

Generally, your claim might include:

  • General damages: These provide compensation for any physical or psychological injuries.
  • Special damages: These provide compensation for any financial losses caused by the accident.

When calculating how much your injuries may be worth, medical evidence may be considered. In addition, you may be required to attend a medical appointment which will produce a report on the current state of your condition. In particular, it can highlight the severity of your injuries and how badly they may impact your quality of life.

Alongside any medical evidence, a document called the Judicial College Guidelines (JCG) is often used to help value claims. The JCG provides compensation brackets for different injuries. We have used these figures to create a compensation table outlining example awards for various injuries.

Please only use these figures as a guide because your actual settlement will depend on factors unique to your case.

Injury TypeInjury NotesPossible Damages
Back(b) Moderate: (ii) Disturbance of back muscles and ligaments which may give rise to other injuries that result in a pre-existing condition being accelerated or exacerbated.£11,730 to £26,050
Leg Injuries(c) Less serious: (i) The person may make an incomplete recovery from a fracture.£16,860 to £26,050
Arm Injuries(d) An uncomplicated forearm fracture.£6,190 to £18,020
Wrist Injuries(f) Injuries might include a very minor undisplaced fracture that fully recovers within 12 months. £3,310 to £4,450
Brain Damage(d) Less severe brain damage: The person may have made a good recovery but there may still be ongoing problems with concentration and memory.£14,380 to £40,410
Chest Injury(b) A traumatic chest injury that causes permanent damage as well as other symptoms.£29,380 to £51,460
Neck Injury(c) A soft tissue injury that’s minor in nature resulting in a full recovery within three months.
Up to £2,300
Shoulder Injuries(d) Minor: (iii) A soft tissue injury which causes considerable pain but recovers fully within three months.Up to £2,300
Pelvis and Hip Injuries(b) Moderate: (i) An injury to the pelvis or hip that’s significant and results in a permanent disability that isn't major.£24,950 to £36,770

Special Damages Explained

As discussed, your claim may also comprise special damages which compensate you for any past and future financial losses associated with your injuries, such as:

  • The cost of care.
  • Lost wages.
  • Medical expenses, such as for treatment not available on the NHS.

Evidence will be needed in the form of receipts, payslips or invoices to prove any monetary losses.

If you’d like our advisors to value your claim for free, why not reach out today?

Contact Us About No Win No Fee Forklift Accident Claims

You may be able to get help with your claim for a forklift truck accident from a No Win No Fee solicitor. A solicitor who operates on this basis could help you claim for injuries sustained in a forklift accident without requiring an upfront fee.

There are several other benefits of using a solicitor who works under this type of agreement, such as:

  • There are no ongoing solicitor fees to pay while your claim proceeds.
  • You won’t be asked to pay solicitor fees if your claim fails.

Following a successful claim, you will need to pay a success fee that is deducted from your settlement as a percentage that is legally capped.

Our panel of solicitors could take your claim on this basis, so if it’s something you’re interested in, get in touch with our team on the details below.

  • Phone number: 0800 408 7825
  • Online form: Contact us by filling out the online form with your query.
  • Live chat: Speak with an advisor at a time convenient to you by using the live chat function below.

Useful Links

We have included links to external resources that you may find helpful.

Also, here are some links to other claims guides we have published on this site.

We hope our guide on making a claim following a forklift accident has helped. However, if you require any clarification on anything mentioned in our guide, call the number above.

Article by AH

Publisher UI