How To Claim For Pallet Truck Accidents

By Jo Anderson. Last Updated 2nd October 2023. In this guide, we will discuss whether personal injury claims could be made for pallet truck accidents at work. Employers owe their employees a duty of care to protect their health and safety in the workplace. If they were to breach this duty, and as a result, an employee sustained an injury, this would be negligence. In this case, you may be eligible to claim personal injury compensation.

Pallet Truck Accidents

Pallet truck accidents claims guide

Throughout this guide, we will discuss how a pallet truck accident could happen, what negative impacts this could have and when your employer may be liable. Additionally, we will look at potential compensation amounts for a successful accident at work claim. Finally, we will also explore the services that a personal injury solicitor can provide, which could benefit you and your claim. Continue reading this guide to learn more.

You can also speak with an advisor from our team for free and confidential legal advice. As they are available 24/7, you can get in touch at a time that best suits you. To learn whether you could have valid grounds to make a claim, please:

Select A Section

  1. When Could I Make A Claim For A Pallet Truck Accident?
  2. What Are Pallet Truck Accidents?
  3. Workplace Safety Legislation
  4. What Could You Claim For Pallet Truck Accidents?
  5. Why Choose Us For Your Accident Claim?

When Could I Make A Claim For A Pallet Truck Accident?

If you have suffered an injury in a pallet truck accident, you may wonder whether you could be eligible to make a personal injury claim. To have a valid case, you will need to prove that your injuries were directly caused by your employer breaching their duty of care.

All employers owe a duty of care to their employees under the Health and Safety at Work etc. Act 1974. Per their duty of care, they must take reasonably practicable steps to ensure your health and safety while you are in the workplace and performing work-related duties. This includes ensuring all staff have received relevant and efficient training, and performing regular maintenance checks on any workplace vehicles, such as pallet trucks.

If your employer were to fail to adhere to their duty of care, you could become injured in a workplace accident and may be able to pursue a personal injury claim.

Contact our advisors today to see whether you may have a valid claim.

What Are Pallet Truck Accidents? 

A pallet truck is a wheeled device used to lift and transport pallets. The Health and Safety Executive (HSE), Britain’s regulator for health and safety in the workplace, states that using mechanical aids, such as pallet trucks, can reduce the risk of manual handling injuries. However, they may also present different health and safety risks.

The aforementioned duty of care employers owe to their employees is set out by the Health and Safety at Work etc. Act 1974 (HASAWA). This piece of legislation states that employers must take reasonably practical measures to ensure the safety of their employees while at work. For example, employees could be injured if they are not provided with the correct training to operate a pallet truck but are asked to do so anyway.

However, it is important to note that not all pallet truck accidents will lead to a personal injury claim. You, as an employee, also have a duty to ensure your own safety in the workplace. You must adhere to any training your employer provides and behave in a sensible manner. If you were injured in an accident at work, where your employer did not breach their duty of care, and you were at fault, you will be unable to claim.

For an assessment of whether you may have valid grounds to make a personal injury claim for an accident at work, speak to one of our advisors. They are experienced in handling claims regarding pallet truck accidents.

Pallet truck accidents could occur for various reasons. Below we will provide some examples of how an accident could be caused:

  • Your employer failed to address or repair a faulty pallet truck within the correct time frame despite being made aware of the issue. As a result, it malfunctions whilst in use, resulting in injury. 
  • An employee is instructed to operate a pallet truck despite not completing the required training. Subsequently, they lose control of the machine and it hits you, causing a hip injury.

What Is The Time Limit For Pallet Truck Accident Claims?

If you are eligible to make a personal injury claim following a pallet truck accident, you will need to ensure that your case is filed within the correct time limit. Under the Limitation Act 1980, you will generally have 3 years to start your claim from the date of the accident.

However, there are certain exceptions that are applicable to this limitation period. For example, the time limit is frozen for those under the age of 18. From their 18th birthday, they will have 3 years to start a claim. Alternatively, a court-appointed litigation friend could make a claim on their behalf prior to this date.

Furthermore, the time limit is frozen indefinitely for those who lack the mental capacity to make their own claim. A litigation friend could act on their behalf during this period. If they were to regain this mental capacity and a claim has not already been made for them, they will have 3 years to start one from the date of recovery.

For more information regarding the time limit for pallet truck accident claims, you can contact our friendly advisors.

Workplace Safety Legislation 

When discussing pallet truck accidents at work, HASAWA is the overarching legislation outlining an employer’s duty of care. However, this is expanded by The Provision and Use of Work Equipment Regulations 1998 (PUWER). This legislation states that employers must ensure that all work equipment is suitable for its intended purpose. 

Please speak to our team of advisors if you would like insight into whether your employer could be liable for your workplace injuries.

 What Could You Claim For Pallet Truck Accidents? 

The compensation awarded for successful personal injury claims following pallet truck accidents may be made up of two potential heads: general and special damages. 

Firstly, you could receive an award under general damages. This head of claim accounts for the physical and psychological pain and suffering caused by your injuries. We have compiled a table of potential compensation amounts using figures from the Judicial College Guidelines (JCG), updated in April 2022. Legal professionals can also refer to this document when valuing a settlement. 

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Injury Severity Compensation Bracket Details
Brain Damage Moderately Severe (b) £219,070 to £282,010 The injured party will be very seriously disabled and will substantially depend on others. Therefore, creating the need for constant care.
Back Injury Severe (a)(i) £91,090 to £160,980 The most severe of injuries will fall within this bracket and will involve damage to the spinal cord and nerve roots that cause a combination of very serious consequences not often found in back injury cases.
Leg Injury Amputation (a)(iv) £97,980 to £132,990 Loss of one leg below the knee.
Leg Injury Severe (b)(ii) £54,830 to £87,890 A very serious injury that will mean the person requires mobility aids for the remainder of their life, as they will have permanent mobility problems.
Arm Injury Severe (a) £96,160 to £130,930 Extremely serious injuries that fall short of amputation but leave the person little better off than if the arm was lost.
Foot Injury Amputation (b) £83,960 to £109,650 The amputation of one foot which includes the loss of the ankle joint.
Chest Injury (b) £65,740 to £100,670 A traumatic injury to the chest, lungs or heart resulting in permanent damage and further problems, such as impairment of function.
Wrist Injury (a) £47,620 to £59,860 An injury that leads to a complete loss of wrist function.
Elbow Injury Less severe (b) £15,650 to £32,010 An injury that does not require major surgery or cause significant disability but does result in impairment of function.
Shoulder Injury Moderate (c) £7,890 to £12,770 A frozen shoulder that limits movement and causes discomfort. Symptoms will persist for about two years. Also, soft tissue injuries that cause more than minimal symptoms which continue after two years but will not be permanent.

Because each personal injury claim is unique, the settlement awarded will differ. Therefore, these figures are a guide.

Special Damages

Under the special damages head of claim, you could also receive reimbursement for the financial harm you have suffered due to your injuries. 

This could include: 

  • Travel costs 
  • Loss of earnings 
  • Care costs
  • Medical expenses
  • Housing adaptations

To strengthen a claim under special damages, you should gather evidence to prove financial loss. This may involve bank records, payslips or receipts. 

Why Choose Us For Your Accident Claim? 

Using a solicitor and entering into a No Win No Fee agreement could benefit your claim and yourself. A solicitor can help you to compile evidence and put forward a complete claim. 

What’s more, under a Conditional Fee Agreement (CFA), you won’t make any payments for your solicitor’s services if the claim fails. 

Although, if your case is successful, a No Win No Fee solicitor will receive a small percentage of the compensation, which is legally capped. This amount is known as a success fee. 

As previously stated, our advisors can offer you free legal advice 24/7. If they find that you could be eligible to make a personal injury claim, they may connect you with one of our solicitors.

To get in touch: 

Learn More About Pallet Truck Accident Claims 

Below we have provided more of our own guides for further advice and guidance:

Moreover, we have included external reading for more information:

Thank you for reading this guide. If you still have any questions about claims relating to pallet truck accidents, please get in touch with an advisor from our team.