If you’ve been injured in a forklift truck accident at work, you may be able to make a forklift accident claim for compensation if somebody else was responsible.
Our advisors can review what happened and help explain whether a claim may be possible. Where appropriate, we could connect you with a personal injury solicitor from our team. All accepted forklift accident claims are handled on a No Win No Fee basis.
You can contact our team on 0800 6524 881 for a free, no-obligation discussion about your situation, or continue reading to learn more about the claims process.
Table of contents
- Am I Eligible To Make A Forklift Accident Claim?
- Common Causes Of Forklift Accidents
- Forklift Training Requirements
- Common Injuries From Forklift Truck Accidents
- Fatal Forklift Injuries
- Evidence To Support A Forklift Truck Accident Claim
- How Much Compensation Do You Get For A Forklift Accident?
- Time Limits For Claiming Forklift Accident Compensation
- Do I Need A Solicitor To Make A Forklift Accident Claim?
- Frequently Asked Questions
- Starting The Forklift Truck Accident Claims Process
Am I Eligible To Make A Forklift Accident Claim?
Because of health and safety laws like the Provision and Use of Work Equipment Regulations 1998 (PUWER), employers and site operators must take reasonable steps to ensure forklifts are used safely and that workers and others on site are not put at risk.
Therefore, you may be eligible to make a forklift accident claim if:
- Your employer or another responsible party owed you a duty of care.
- They breached that duty through negligence.
- You were injured in a forklift accident as a result.
For example, you may have a claim if you were injured in an accident at work because a careless forklift driver reversed into you in a busy warehouse, or a poorly secured load fell onto you.
Common Causes Of Forklift Accidents
Forklift truck accidents can occur due to a variety of reasons, including lack of experience, lack of training, and poor loading. Some common causes of forklift accidents include:
- Inadequate training. If a forklift operator had not received proper training or certification, this may indicate employer negligence.
- Forklift collisions. Crashes into racking/shelving, vehicles or machinery can happen where supervision is poor or safe systems of work are not in place.
- Caught-in-between accidents. Workers may be trapped between a forklift and another object due to bad loading, reversing or poor site layout.
- Reversing forklifts. Workers or visitors struck by a forklift reversing in busy work areas where visibility is limited or proper safety controls are missing.
- Faulty forklift equipment. Mechanical failures involving brakes, steering or hydraulics may point to inadequate inspection or forklift maintenance.
- Falls from height. Standing on forklift forks or pallets used as makeshift lifts can lead to serious falls from height.
- Falling loads. Improperly secured or overloaded forklift trucks can cause loads to fall.
- Forklift overturning. Tip-overs can occur due to excessive speed, sharp turns or overloading.
Even if the type of accident you were injured in isn’t listed above, our solicitors could still help you to make a forklift accident claim, so please get in touch with our advisors for advice on your options.
Forklift Training Requirements
Under the Provision and Use of Work Equipment Regulations 1998 (PUWER), employers must ensure that anybody using work equipment, such as a forklift truck, has received adequate training and is competent to use the equipment safely.
The Health and Safety Executive (HSE) explains that forklift training should include:
- Basic training, covering the safe operation of forklift trucks.
- Specific job training, focusing on the equipment and environment where the forklift will be used.
- Familiarisation training, allowing the operator to practise in real working conditions.
Employers can also help prevent forklift accidents in the workplace by providing refresher training where necessary, particularly if working practices change or if the operator has not used a forklift for a long period.
If a forklift truck accident happened because the driver had not received proper training, this could be a sign that their employer was negligent and may support a forklift accident claim.
Common Injuries From Forklift Truck Accidents
Some common injuries caused by forklift truck accidents include:
If the employer is negligent in any one of these areas of forklift safety and you’re injured as a result, they may be liable to compensate you for your injuries.
Fatal Forklift Injuries
Sadly, forklift accidents can sometimes result in fatal injuries. When this happens, certain family members or dependants may be able to make a fatal accident claim.
Compensation in these cases may include a statutory bereavement award, funeral expenses, and financial dependency where the deceased supported their family.
While compensation cannot undo what has happened, it may help to ease the financial impact of losing a loved one.
Our advisors can explain the options available and whether a claim may be possible.
Evidence To Support A Forklift Truck Accident Claim
You don’t need to have all of the evidence listed below to make a forklift truck accident claim. However, the following types of evidence can help support one:
- Accident report. Make sure the forklift accident is recorded in the workplace accident book, which may help confirm when and where the accident occurred.
- Photos and videos. If it is safe to do so, take photographs or video recordings of the accident scene before anything is moved. This can provide useful evidence of what happened.
- Medical records. Seek medical treatment and keep copies of any medical records. These can show the nature of your injuries and the treatment required.
- Witness details. If anybody witnessed the forklift accident, try to obtain their names and contact details. Independent witness accounts can help clarify how the accident occurred.
- CCTV footage. If CCTV cameras are present, you may wish to request footage as soon as possible, as recordings may be automatically overwritten after a short period.
- Employer correspondence. Keep any emails, letters or other communications relating to the accident, your injuries or any time taken off work.
- Training records. Records of forklift training or safety training may help show whether operators had received appropriate instruction.
- Maintenance and inspection records. Forklifts should be properly maintained and inspected under workplace safety regulations such as PUWER and LOLER. Maintenance records may help show whether equipment was kept in a safe working condition.
- Financial evidence. Keep records of any financial losses caused by the forklift truck accident, such as lost earnings, treatment costs or travel expenses.
- Personal diary. A diary describing how the injury affects your daily life, including pain levels, mobility and sleep, can help demonstrate the impact of the accident.
If you’d like us to review any evidence you’ve secured already or help with obtaining evidence, please call our team today.
How Much Compensation Do You Get For A Forklift Accident?
There’s no fixed amount of compensation for a forklift accident claim because it all depends on the specifics of your case, such as how badly you were hurt, how it’s affected your life, and the financial losses you’ve faced. Your personal injury solicitor will usually separate the claim into two different parts:
- General damages. This covers any pain and suffering caused by the forklift accident. As well as physical pain, you could also claim for any mental harm caused by anxiety, distress, or other psychological injuries.
- Special damages. Where you are affected financially because of the forklift accident, you could include any losses in your claim. This could cover travel expenses, care costs, and compensation for any loss of earnings.
To prove the severity of your injuries, you may be required to have an independent medical assessment. If so, this is not something you need to worry about. A medical specialist will examine you and discuss the impact of your injuries. They’ll then write a report for all parties that explains what injuries you’ve sustained and whether you’ll suffer from them in the future.
Forklift Accident Compensation Calculator
Our compensation calculator can give you a rough idea of what damages could be claimed for certain forklift injuries. However, please use the figures listed as a guide only.
For a more personalised compensation estimate, please get in touch. If your forklift accident claim is accepted, a solicitor will explain the amount you’re claiming for once your injuries have been reviewed fully.
Time Limits For Claiming Forklift Accident Compensation
In most cases, you have three years to start a forklift accident claim. This time limit usually runs from the date the accident happened.
However, if the injury was not immediately apparent, the three-year period may begin from the “date of knowledge“, meaning the date you became aware (or should reasonably have become aware) that the injury was significant and connected to the accident.
If the injured person lacks the mental capacity to manage a forklift accident claim, the time limit may not apply unless they regain capacity.
In fatal forklift accident cases, the three-year period for dependants to bring a claim usually runs from the date of death.
We recommend starting the accident claims process as soon as you’re able to. By doing so, you’ll leave plenty of time to collect evidence to support the case. Also, it will be easier to recall what happened leading up to the accident and how your injuries have affected you.
Do I Need A Solicitor To Make A Forklift Accident Claim?
You are not legally required to use a solicitor to make a forklift accident claim. However, the process can be complex, particularly when the claim involves an employer or their insurer.
If one of our personal injury solicitors represents you, they will essentially:
- Work for you using a No Win No Fee agreement.
- Collect evidence.
- Arrange a local medical assessment.
- Send the forklift accident claim to the defendant.
- Handle communication so you don’t need to answer any technical questions.
- Try to deal with any objections over liability.
- Provide regular updates.
- Review any settlement offers with you.
- Try to secure the maximum level of compensation possible.
If you would like to understand your options, our advisors can explain whether a forklift accident claim may be possible.
Frequently Asked Questions
Here we’ve answered some common questions on forklift truck accident claims.
What should I do immediately after a forklift accident?
First things first, get medical attention, as it creates a proper record. Next, report the accident to your employer, and make sure it’s written in the accident book. If you can, gather evidence such as photos of the scene, the forklift, hazards, and your injuries, plus names of any witnesses.
Can I claim if another employee was driving the forklift?
Yes, you usually can. If another employee caused your injury while driving the forklift, the claim is made against the employer, not the employee. Employers are legally responsible for the actions of their staff while they’re working (it’s called vicarious liability).
Can I still claim if I was partly to blame for the accident?
Under the Law Reform (Contributory Negligence) Act 1945, you could claim compensation even if you played a part in the forklift accident. Your payout might simply be reduced to reflect your share of responsibility.
Will making a claim against my employer get me fired?
Usually, no. Employers should not dismiss their employees or treat them unfairly simply because of making a genuine forklift accident claim.
How long do forklift claims usually take?
It varies. Straightforward cases where responsibility for the accident is clear, and injuries are minor, can settle in a few months. More complex forklift accident claims, especially those involving serious injuries or disputes over fault, can take longer.
Starting The Forklift Truck Accident Claims Process
We are ready to help you when you’re ready to start the forklift truck accident claims process. When you call us on 0800 6524 881, your claim will be reviewed for free. You’ll also receive advice on whether you’ve got the grounds to proceed. If you do, and your forklift accident claim is taken on, your solicitor will work for you using a No Win No Fee agreement.
You can also fill out a callback form or use our live chat to speak with a claims advisor if you have any additional questions about making a forklift accident claim.