By Jo Anderson. Last Updated 8th February 2024. If you’ve suffered an injury in a forklift accident at work, you may want to pursue a personal injury claim for compensation.
Such a course of action is entirely understandable. Your injuries may have caused significant pain and disruption and may have forced you to take time off work, losing out on pay.
If you do want to take legal action, you’ve come to the right place. We specialise in workplace accident claims, especially those to do with forklift trucks.
We offer a free case check to see if you could be entitled to compensation. And if you want to take action we can represent you on a No Win No Fee basis.
To learn more:
- Speak with us now via our live chat box
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If you’ve been hit by a forklift at work and want to learn more about your legal rights, keep scrolling to learn more.
Select A Section
- Examples Of Forklift Accident Compensation Payouts
- The Criteria For Forklift Truck Accident Claims
- Can I Still Claim If Partly To Blame For A Forklift Accident?
- What Training Should Be Provided To Avoid Being Hit By A Forklift At Work?
- How Do I Prove A Claim For An Accident At Work?
- What Are No Win No Fee Forklift Truck Accident Claims?
- Learn More About Forklift Truck Accident Claims
If you’ve been injured in a forklift injury, then the compensation that’s calculated could include two heads of claim. The first is known as general damages. Legal professionals use certain resources to make sure the amount you receive in general damages is appropriate for your level of pain and suffering.
One of these resources is the medical evidence you present. Another is a publication called the Judicial College Guidelines (JCG). It received its last update in 2022. We’ve included some example figures from this latest edition in the table below. The amounts are based on past court cases that have been successful. Get in touch if you’d like a bespoke valuation – the JCG figures should be used as a rough guide only. The first figure has not been taken from the JCG.
Guideline Compensation Amounts
|Type Of Injury
|Description Of Injury
|Multiple Serious Injuries combined with financial losses.
|Serious combinations of injuries that include financial losses such as home adaptations and loss of income.
|Up to £200,000+
|Leg injuries (b)(i)
|Severe – Not involving amputation but are as severe as, such as a degloving.
|£96,250 to £135,920
|Arm injuries (a)
|Severe – falling short of amputation but leaving the person little better off than if the arm was not there.
|£96,160 to £130,930
|Foot injuries (c)
|Very serious – causing permanent severe pain or serious levels of disability.
|£83,960 to £109,650
|Knee injuries (a)(i)
|Severe – Considerable pain, disruption of the joint and it is likely that an arthrodesis is needed.
|£69,730 to £96,210
|Wrist Injuries (a)
|This bracket covers injuries that result in total loss of function in the wrist
|£47,620 to £59,860
|Elbow Injuries (a)
|Severely disabling injuries
|£39,170 to £54,830
|Achilles tendon (a)
|Most serious – Where the tendon is severed as is the peroneus longs muscle.
|In the region of £38,430
|Thumb Injuries (s)
|Very Serious – for example severed at the base and redrafted.
|£19,600 to £35,010
|Shoulder Injuries (a)
|Severe – Often including brachial plexus damage.
|£19,200 to £48,030
What Else Can I Get In A Forklift Accident Claim?
Following a forklift crash or similar accident, it could be that your finances are affected due to your injuries. If so, you could be eligible to receive special damages. Here are some examples of what you could be reimbursed for:
- Loss of earnings
- Medical expenses
- Damage to personal property
- Additional care costs
For more information and guidance regarding special damages, get in touch with our advisors.
According to the Health and Safety Executive, on average, forklift trucks are involved in around a quarter of all workplace transport accidents. However, not every forklift accident at work has the potential to lead to an accident at work claim.
To be eligible to make a personal injury claim following a workplace accident, you will need to prove that because your employer breached their duty of care, this caused you to suffer an injury at work. A breach of duty of care that results in injuries is known as negligence.
All employers owe their employees a duty of care, as stated in the Health and Safety at Work etc. Act 1974. Per their duty of care, they must take reasonable steps to ensure your safety while you are in the workplace and performing work-related tasks.
For example, your employer must ensure that you receive sufficient training on how to operate a forklift before asking you to use one. If your employer failed to adhere to their duty of care, this could result in you becoming injured in an accident at work, and you may be eligible to make a claim.
Contact our advisors today if you have been hit by a forklift at work to see whether you could make a personal injury claim. Our friendly team are available 24/7 to offer you free advice and answer your questions.
How Long Do I Have To Make A Forklift Accident Claim?
If you’re considering claiming for a warehouse forklift accident, you might wonder if there’s a time limit for personal injury claims.
Generally, the personal injury claims time limit is three years. This three-year limitation period usually begins from the date the accident occurred. It can also begin from the date you became aware that your injuries were caused by negligence. This is set out in the Limitation Act 1980.
There are, however, some exceptions that could apply to the personal injury claims time limit. The first would be if someone under the age of 18 is injured. In this instance, the time limit is frozen. During this time, a suitable adult could apply to act as a litigation friend and claim on their behalf. If no claim is made on their behalf by the time they turn 18, the person will have three years from the date of their 18th birthday.
There are other exceptions to the personal injury claims time limit, such as those who lack the mental capacity to claim.
Should you have questions about the time limits for starting a warehouse forklift accident claim, please don’t hesitate to get in touch.
If you are eligible to make a forklift accident claim, but you feel that you were partly to blame for the accident, you may be wondering if you are still eligible to claim compensation.
For example, if your coworker wasn’t given appropriate training, but you were also walking in an area where you should not have been, this could result in an accident in which both parties are to blame.
In cases where the defendant was at fault, but you were also partially to blame, you could still be eligible to claim for a forklift truck accident. This is known as contributory negligence. In this case, your compensation will be reduced in line with your liability.
To learn more about forklift accident claims, contributory negligence, and whether you could be eligible for compensation, please contact an advisor.
If you’ve been hit by a forklift at work driven by an unlicensed forklift operator, you may think this would automatically lead to a claim. However, it is not a legal requirement to have a forklift licence to use such a vehicle.
A forklift driver does, however, need to be over the minimum school leaver’s age or over 18 at ports. They must also have undergone training delivered by an accredited provider. This could include the Construction Industry Training Board (CITB), the Independent Training Standards Scheme (ITSSAR), the Road Transport Industry Training Board (RTITB)
Per the Health and Safety at Work etc. Act 1974 (HASAWA), employers must provide instruction and training to protect the health and safety of all employees. The Provision and Use of Work Equipment Regulations 1998 also places a requirement on employers to ensure those who use work equipment are trained in how to do so safely so they do not cause an avoidable forklift accident.
This may also mean providing refresher training to those operating forklifts where necessary, such as:
- When an operator has not used a forklift truck for a while.
- If there have been changes to working practices or the work environment
- When an operator only uses forklift trucks occasionally.
- Where it has been identified that the operator has been using the forklift unsafely, had an accident or almost had an accident (a near miss).
If you have suffered an injury at work and believe your accident would not have happened had sufficient training been given to a forklift operator, please contact an advisor. They could check your eligibility to claim.
If you are eligible to make a personal injury claim following a forklift accident at work, gathering sufficient evidence could help support your case. It could help prove that your employer was liable for the accident and the injuries you suffered.
Some examples of the evidence you could collect for your accident at work claim include:
- Video footage of the accident. For example, any CCTV footage that shows you were hit by a forklift at work.
- Photographs of the accident scene and any visible injuries.
- The contact details of any witnesses to the accident so that they can provide a statement later on.
- A copy of your medical records stating the injury you suffered and the treatment you needed.
- Evidence of any financial losses you suffered due to your injuries, such as bank statements or invoices.
Contact our advisors to discuss your potential claim today. If they believe you may have a valid case, they could connect you with one of our solicitors who could help you gather evidence.
Claiming for forklift truck accidents might seem complex, but one of our solicitors may be able to help. One of the benefits of working with a solicitor on your claim is that they can guide you through the claims process with their years of experience. They can also help you support your claim with evidence and negotiate a settlement.
One of the benefits of working with our solicitors is that they work on a No Win No Fee basis. A Conditional Fee Agreement (CFA) is a kind of No Win No Fee contract that allows you to access the services of our solicitors, usually without paying any upfront or ongoing fees for their work. Likewise, under this kind of contract, you won’t be asked to pay a fee for their services if your claim fails.
If your forklift accident claim succeeds, your solicitor will take a success fee. This fee will be deducted from your compensation as a small percentage. However, this percentage is subject to a legal cap, which helps to make sure that the majority of your compensation stays with you.
To find out if one of our solicitors could help you make a forklift accident claim, contact our team of advisors today. They can offer a free consultation during which they can evaluate your case and may be able to provide more insight into the forklift accident compensation claims process. If one of our advisors finds your claim to be valid, they may connect you with one of our solicitors. To get started:
- HSE – This link takes you to the RIDDOR website where you will find valuable information about reporting accidents to relevant authorities.
- Legal Rights After A Workplace Accident – take a look at our guide to learn more.
- Back Injury at Work – Take a look at our guide to learn more about back injury claims.
We hope this guide on claiming for forklift accidents has been useful, but please do contact us if you still have any queries about making forklift truck accident claims.