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 accident claims 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 the greatest risk in the event of an 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.
Table of contents
- Am I Eligible To Make A Forklift Truck Accident Claim?
- Types Of Forklift Accidents That Could Lead To A Compensation Claim
- Negligence That Could Result In Forklift Accidents
- Common Injuries Caused By Accidents Involving Forklifts
- How Much Compensation Will I Get For A Forklift Accident Claim?
- Evidence To Support A Forklift Truck Accident Claim
- Time Limits For Claiming Forklift Accident Compensation
- How Long Does A Forklift Accident Claim Take?
- Will I Get Fired If I Make A Forklift Accident Claim Against My Employer?
- Starting The Forklift Truck Accident Claims Process
To be eligible to make a forklift accident claim you’ll generally need to prove:
- 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; and
- The accident happened or your injury was diagnosed within the last 3 years.
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, please contact us to check whether a claim is viable.
You may still be eligible for compensation for a forklift accident even if you’re partially at fault. According to the Law Reform (Contributory Negligence) Act 1945, you could still be compensated for your injuries if the other party is also deemed responsible for the accident.
An example of contributory negligence in a forklift accident claim could be if the forklift was not properly maintained and had faulty brakes, and a worker was hit by the forklift. However, the worker was texting on their phone and not paying attention to their surroundings. In this case, both the owner of the forklift for not maintaining it properly and the worker who was hit but not paying attention could be considered partially at fault for the accident.
As a result, the compensation awarded to the worker hit by the forklift would be reduced to reflect their own responsibility for the injuries they sustained and therefore compensation would be calculated based on the degree of fault of each party involved.
If you believe you may have been partially to blame for the forklift accident, please contact our claims advisors for free advice.
Forklift truck accidents can occur due to a variety of reasons, including lack of experience, lack of training, and poor loading. In this section, we’ll look at some of the causes and types of forklift accidents that could result in a compensation claim if it was caused by negligence.
- A lack of forklift driver training.
- Collisions with other forklifts, vehicles or objects due to a lack of experience.
- Crush injuries due to improper loading or unloading.
- Failures of equipment, such as brakes or steering from a lack of maintenance.
- Fall from height while using a forklift.
- Injuries to workers caused by items falling off the forklift.
- Pedestrian accidents caused by an inexperienced, reckless or inattentive forklift driver.
- Struck-by accidents (when a worker is hit by a forklift truck).
- Tipping over due to careless driving or excessive or improper loads.
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.
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 the 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 examples of negligence that could lead to a claim include:
- Where the victim is injured working in a factory by a forklift truck 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.
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.
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.
When you seek damages from your employer for a forklift accident in a warehouse or any other situation, you must explain, with evidence, what compensation settlement you are claiming for. Your personal injury solicitor therefore 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 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.
In this section, we’ve added a forklift accident 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.
Examples of evidence you could use to improve your chances of a successful compensation claim include:
- Accident reports. When a forklift accident occurs in a workplace, it must be recorded in an accident book, or something similar. By law, you can request a copy. It could be used to help prove the date, time, and location of your accident.
- Photographs. Taking pictures/videos of the scene of the forklift accident 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.
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 for accidents at work. 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.
The length of time a forklift accident claim takes can vary widely depending on the circumstances of the accident. While some claims are pretty much straightforward and might take just a few months, others may take a year or longer to reach a settlement.
The main factors that can affect how long a claim takes include:
- The type and severity of the injuries the claimant suffered.
- Whether liability for the forklift accident is disputed.
- Whether the evidence required is strong enough or will more be required.
- Negotiating a payout.
Making a forklift accident claim can be time-consuming and requires careful attention to detail. That’s why we would advise working with an experienced personal injury solicitor on our team who can process the claim on a No Win No Fee basis.
You cannot get fired for making a legitimate forklift accident 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 accident claim will be made against their insurance policy so it won’t have any effect on their profits.
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 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.
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.