By Stephen Anderson. Last Updated 20th October 2023. 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.
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.
Forklift injury settlements
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:
- Can I Claim Compensation After A Forklift Accident?
- Who Is Responsible If A Forklift Accident Occurs?
- How Long After A Forklift Accident Can You Claim?
- How To Prove A Forklift Accident Claim
- What Can You Claim For After A Forklift Accident?
- Contact Us About No Win No Fee Forklift Accident Claims
- Useful Links
Can I Claim Compensation After A Forklift Accident?
If you have been harmed in a forklift accident in the workplace, you might be able to make an accident at work claim. However, in order to be eligible for compensation, your employer must have acted negligently and caused you harm. Additionally, you’ll need to prove your employer’s negligence alongside any injuries you have sustained.
Forklift truck accidents can happen for a number of reasons. Therefore, it is important that you can provide evidence that your employer has breached their duty of care and caused you to get hurt on the job. This procedure is necessary for any type of successful personal injury claim.
Continue reading as we discuss what health and safety legislation is in place to protect you from suffering injuries or harm in the workplace. Alternatively, contact us and we can answer any questions you might have regarding claiming for a forklift at work 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.
How Long After A Forklift 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.
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.
How To Prove A Forklift Accident Claim
To successfully make a forklift accident claim, you will need evidence that confirms the injuries you’re claiming for and that your employer was liable for them. Evidence that could be gathered to support your case may include:
- Photos of the accident scene and your injury.
- Any video evidence of the accident, such as CCTV footage.
- Medical reports that confirm your injuries and the treatment received for them, such as a copy of your medical records.
- The contact details of any witnesses who can provide a statement.
- If your accident occurred at work, then a copy of the accident report from your work accident book could also be included as evidence.
To discuss your forklift truck accident claim, you can contact our advisors for free advice. They may also connect you with a solicitor on our panel if they think you have a strong case.
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 Type | Injury Notes | Possible Damages |
|---|---|---|
| Chest Injury | (b) A traumatic chest injury that causes permanent damage as well as other symptoms. | £65,740 to £100,670 |
| 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. | £15,320 to £43,060 |
| 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. | £26,590 to £39,170 |
| 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. | £12,510 to £27,760 |
| Leg Injuries | (c) Less serious: (i) The person may make an incomplete recovery from a fracture. | £17,960 to £27,760 |
| Arm Injuries | (d) An uncomplicated forearm fracture. | £6,610 to £19,200 |
| Wrist Injuries | (f) Injuries might include a very minor undisplaced fracture that fully recovers within 12 months. | £3,530 to £4,740 |
| Neck Injury | (c) A soft tissue injury that’s minor in nature resulting in a full recovery within three months. | Up to £2,450 |
| Shoulder Injuries | (d) Minor: (iii) A soft tissue injury which causes considerable pain but recovers fully within three months. | Up to £2,450 |
Special Damages – Examples For Forklift Injury Claims
Special damages can be awarded to compensate for any financial losses you have suffered due to your injury.
Some examples of the costs and losses that special damages could compensate you for in forklift injury claims include:
- Lost wages caused by taking time off work to recover from your injuries
- Travel costs, such as paying for buses or taxis to medical appointments.
- Medical bills, such as the cost of prescriptions.
You will need to provide evidence of your financial losses, such as payslips or bank statements.
Please don’t hesitate to contact our advisors if you have any questions about personal injury claims for forklift truck accidents. Our advisors could also offer you free advice for your potential claim.
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.
- See the HSE guidance on workplace transport.
- For any medical advice, visit the NHS website.
- Visit the HSE website for workplace accident statistics.
Also, here are some links to other claims guides we have published on this site.
- Can You Claim For A Minor Accident At Work?
- Accidents At Work Compensation
- What Are My Rights After I Had An Accident At Work?
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.