Forklift Accident At Work Claims Guide

This guide will explain about claiming compensation after suffering a forklift accident at work because an employer was negligent. Forklifts are a type of vehicle used to transport heavy loads from one place to another. They require a driver to operate. If your employer does not give employees the correct level of training or perform regular risk assessment checks, it could increase the risk of forklift accidents happening in the workplace.

forklift accident at work

Forklift Accident At Work Claims Guide

In the following sections, we will provide information about the process of claiming for an accident at work and useful pieces of evidence to support your claim. Additionally, we will discuss various examples of accidents involving forklift trucks and examine the compensation that can be awarded for successful claims of this type. Finally, we will discuss the benefits of working with No Win No Fee accident at work solicitors.

Read on for more information. Alternatively, you can speak to our team of advisers if you have questions about the process of claiming for an accident at work. Our team is available for a free consultation 24/7.

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How To Claim Compensation For A Forklift Accident At Work

The Health and Safety at Work etc. Act 1974 lays out the duty of care that all employers owe to their employees. Under this act, your employer must ensure the health, safety and welfare of their employees at work by taking reasonable and practicable steps to prevent injury. For example, they can do this by:

  • Performing regular risk assessments.
  • Providing employees with necessary training and instruction.
  • Maintenance of equipment and vehicles.

Successful accident workplace claims rely upon your ability to prove that you were injured because your employer breached the duty of care they owe you. If any employer does not uphold their duty of care and you sustain an injury as a result, negligence has occurred.

To learn more about claiming for a forklift accident at work, contact one of our advisors today for free legal advice. Our team is available 24 hours a day.

How Long Do I Have To Make An Accident At Work Claim?

The Limitation Act 1980 sets the accident at work claim time limit. Generally, you have three years from the date you suffered your forklift accident to make a personal injury claim.

There are, however, some exceptions which may apply. Contact our advisors to learn more about exceptions to the time limit and ask whether you may be eligible to claim.

Examples Of Accidents At Work Involving Forklift Trucks

A forklift accident at work could occur for many reasons. For instance:

  • Your workplace has no safety measures in place for when the forklift is being operated. Due to this, you accidentally stand in the path of a moving forklift and get a broken bone.
  • You are not given training before your employer asks you to operate a forklift. Because you have not had the correct level of instruction, you lose control, and the vehicle flips and you sustain a brain injury.
  • Your employer fails to perform routine maintenance on the forklift you are operating. The brakes fail while you are driving and you crash into warehouse racking, which collapses on you, causing a crush injury.

It’s important to realise that not every accident at work will occur because of negligence. To begin this kind of claim, you must be able to show how your employer breached their duty of care. We’ll explore this further in the next section, but you can always get in touch with us if you’d like to ask questions directly.

How To Prove A Claim For A Forklift Accident At Work

Evidence is crucial when attempting to sue your employer for negligence. If you’ve experienced a forklift accident at work due to your employer being negligent, you can take several steps to gather evidence for your claim. For instance, you could:

  • Request CCTV footage showing the accident
  • Taking photographs of your injury
  • Seeking medical help and requesting your medical records
  • Log the accident in the workplace accident book.

If you need help locating and acquiring evidence, it’s worth knowing this is one of the services offered by our solicitors. Contact our advisors for free, no-obligation legal advice using the contact details at the top of the page. 

Compensation Payouts In Forklift Accident Claims

You may be wondering about the maximum payouts that could be received as compensation following a negligent forklift accident at work. Should your claim be successful, two heads of claim could be included in your settlement.

The first head of claim is called general damages. This payout compensates the injured party for psychological and physical suffering caused by their injuries. When assessing how much a particular claim may be worth, solicitors will usually refer to the compensation brackets found in the Judicial College Guidelines (JCG). This publication can provide useful guidance regarding the compensation for specific injuries.

The table below provides some of the figures found in the JCG. However, please use them as a guide only, as your specific circumstances may alter your final payout.

JCG Compensation Brackets

Injury Severity JCG Brackets Notes
Back Injury Severe (i) £91,090 to £160,980 Most severe form of back injury, involving nerve root and spinal cord damage. Symptoms include severe pain and disability.
Back Injury Moderate (i) £27,760 to £38,780 This bracket of injuries can involve compression/crush fractures with a risk of constant pain and osteoarthritis.
Neck Injury Severe (i) In the region of £148,330 Associated with incomplete paraplegia or resulting in permanent spastic quadriparesis.
Neck Injury Moderate (ii) £13,740 to £24,990 This bracket involves soft tissue or wrenching type injuries. Can cause serious movement limitation and other symptoms.
Other Arm Injury Severe £96,160 to £130,930 These injuries fall short of amputation but are nevertheless extremely severe, such as serious damage to the brachial plexus nerves.
Other Arm Injury Less Severe £19,200 to £39,170 While a serious disability may have been experienced, substantial recovery occurs or is expected to occur.
Chest Injury Traumatic £65,740 to £100,670 Traumatic injuries which reduce life expectancy.
Leg Injury Severe (ii) £54,830 to £87,890 Such injuries lead to lifelong mobility issues, or multiple fractures that require years to heal, extensive medical treatment and have created serious deformity and movement limitation.
Shoulder Injury Severe £19,200 to £48,030 Often involves damage to the brachial plexus nerves, resulting in significant disability.
Shoulder Injury Serious £12,770 to £19,200 Damage to the nerves and dislocation of shoulder, causing neck and shoulder pain as well as numerous other serious physical symptoms.

Special Damages 

Your claim may also benefit from special damages, which compensate you for any out-of-pocket losses incurred as a result of your injury at work. This compensation is intended to return you to your financial state before your injury occurred. 

You may be able to claim special damages for:

  • Current and future care costs
  • Travel to and from medical appointments
  • Current and future loss of earnings

To claim these costs, you must provide financial evidence. For example, you could retain any bus tickets bought to attend medical appointments, work payslips, and bank statements.

For a free case check in which our advisers can tell you how much your potential claim could be worth, contact our advisors using the details at the top of the page.

Get Help From A No Win No Fee Personal Injury Solicitor

If you’ve suffered a forklift accident at work and want to claim against your workplace, you may wish to seek representation from one of our solicitors. Generally, these professionals offer their services to clients under a type of No Win No Fee Agreement called a Conditional Fee Agreement (CFA). Under this kind of legal agreement, you won’t have to pay:

  • Upfront services charges
  • Ongoing services charges while the claim is ongoing

Furthermore, you typically don’t have to pay for the solicitor’s services if your claim fails. Instead, a CFA means that your solicitor is reimbursed through a success fee at the end of the process, but only if your claim succeeds. This fee is capped under the Conditional Fee Agreements Order 2013, so you cannot be overcharged.

Contact an advisor today to find out more about claiming compensation for a forklift accident at work. Our team can answer any questions you may have in more detail during a free consultation, which can occur whenever is convenient for you. Additionally, they can provide a more personalised estimate of the compensation you could receive should your work injury claim succeed. 

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Learn More About Accident At Work Claims

For more of our accident at work claims guides:

Dangerous Machinery At Work – How To Claim For Injuries

Health And Safety Breach Claims Against Employers

Accident At Work Procedure UK Guide – What To Do After An Accident At Work

Useful external links: 

Workplace Transport Overturns – Guidance from the Health and Safety Executive (HSE), the national independent regulator for health and safety in the workplace

First Aid – NHS link providing information

Statutory Sick Pay (SSP) – Government resource about your eligibility to claim SSP

Thank you for reading our guide about claiming for a forklift accident at work. To learn more about your eligibility, speak to our team.