Heavy vehicles and equipment are a common source of accidents and injuries in the workplace, forklift truck accidents are one such example. Inadequate training and lack of supervision are two common causes of forklift truck accidents in the workplace. More often than not, the driver remains uninjured. However, it is the other employees and visitors to the site who are at greatest risk in the event of any accident involving a forklift.
Whether you are a forklift truck driver, an employee injured in a forklift accident in a warehouse , or a visitor on site, if you are injured due to no fault of yours, you may be eligible to make a forklift truck accident claim to compensate you for your injuries and other losses.
To begin a forklift truck accident claim right away, please call our team today for a no-obligation telephone review of your case. Alternatively, please continue reading to find out more about the claims process.
Jump to a section
Are You Eligible To Make A Forklift Truck Accident Claim?
Negligence That Could Result In Forklift Truck Accident Claims
What Are The Components Of A Forklift Truck Accident Claim?
Forklift Compensation Claims Calculator
Accident Claims Time Limits
Using Personal Injury Solicitors In Work Accident Claims
Something Else To Consider In A Forklift Truck Accident Claim
Our solicitors have to assess whether you have the grounds to make a forklift truck accident claim before taking your case on. Therefore, if you or a loved one have sustained injuries in a forklift accident, they’ll check whether:
- You were owed a legal duty of care by the defendant; and
- Due to their negligence, an accident involving a forklift truck took place; and
- Because of the negligence, you sustained an injury or injuries.
To help you check these things, we’ll provide some examples of negligence that could cause a forklift truck accident in the next section. Before we move on, though, let’s take a look at how you can prove what happened and how you were injured. Examples of evidence you could use include:
- Accident reports. When a forklift accident occurs in a workplace, it must be recorded in an accident report book. By law, you can request a copy. It could be used to help prove the date, time, and location of your accident.
- Taking pictures/videos of the accident scene can help to clarify what happened. Where possible, you should do this before anything is moved.
- Medical evidence. To help prove what injuries you sustained and the treatment you endured, records from the hospital or minor injuries unit that treated you can be obtained.
- Witness statements. An independent view of what happened can be vital if your employer denies liability for the forklift accident. Therefore, you should try to collect details of anybody who saw what happened.
- CCTV footage. If the warehouse/workplace in which your accident happened uses CCTV cameras, you should request a copy of any relevant footage. Be aware, though, that this can be wiped within hours or days so you should act quickly to secure a copy.
Although these steps might seem time-consuming, they could be really beneficial. The more evidence you can supply to a personal injury solicitor, the better the chances of being compensated. If you’d like us to take a look at any evidence you’ve secured already, or help with obtaining evidence please call our team today.
Legislation exists to protect those who work with or near forklift trucks. The Provision of Use of Work Equipment Regulations 1998 means that companies need to provide training in safe driving and handling of forklift trucks. Also, the law means employers must provide supervision to ensure the vehicles are used properly and they must maintain them appropriately. If these rules aren’t adhered to, a claim could be made if you’re injured in a forklift truck accident accordingly. Some other examples of negligence that could lead to a claim include:
- Where the victim is crushed by a forklift accident in warehouse because it was travelling too fast.
- If the driver of a lift truck is injured because it topples over after being asked to lift an unsafe load.
- Where a load falls onto the driver because the lift mechanism failed due to poor maintenance.
- If items fall onto others working in the factory because they were stacked unsafely by the forklift truck.
Forklift truck accident claims can involve compensation for:
- Concussion injuries.
- Broken or fractured bones.
- Soft tissue injuries including whiplash.
- Back injuries.
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.
If you believe you have reason to start a forklift truck accident claim, do get in touch with us for your free case review today on 0800 6524 881.
When you seek damages from your employer for a forklift accident, you must explain, with evidence, what compensation you are claiming for. Your personal injury solicitor will separate your 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 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.
In this section, we’ve added an injury compensation calculator to give you a rough idea of what damages could be claimed for certain injuries. There is no guarantee about what level of compensation will be paid if your claim is won as no two cases are the same. Therefore, please use the figures listed as guidance only. The compensation ranges we’ve listed are based on the guidelines advised by the Judicial College. The same figures are used to calculate settlements by courts, solicitors, lawyers, and insurers.
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.
When claiming for injuries sustained in your workplace, you’ll need to abide by the strict time limits. This is a 3-year limitation period. In most cases, it will start on the date the forklift accident took place.
We would 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.
Claiming against an employer for injuries sustained during a forklift truck accident at work can be quite a complex task. You’ll need to prove to their insurer that your accident was the result of your employer’s negligence and that your injuries were sustained during that accident. Failure to do so could mean you’ll lose out on some or all of the compensation you might be due. Having a solicitor on your side could improve the chances of winning your case. If one of our personal injury solicitors represents you, they will:
- 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.
We are ready to help you when you’re ready to begin. When you get in touch 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 truck accident claim is accepted, your solicitor will work for you on a No Win No Fee basis.
You needn’t worry about making a claim against your employer. By law, you can’t be unfairly dismissed, demoted, or sacked when making an honest claim. Any breach of this law could result in an unfair or constructive dismissal case. Furthermore, don’t be concerned about the impact of your claim on your employer’s business. Your forklift truck accident claim will be made against their insurance policy so won’t have any effect on their profits.
Last updated 23rd October 2021.