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Forklift Accident Claim Specialists
Learn how one of our expert No Win No Fee personal injury solicitors could help you to make a forklift accident claim following an incident at work.
£85 million in compensation
Forklift Accident Claim Specialists
Learn how one of our expert No Win No Fee personal injury solicitors could help you to make a forklift accident claim following an incident at work.
You could make a forklift accident claim if it can be shown that your employer did not take the necessary steps to keep you safe while at work, and that their negligent actions led to you sustaining an injury. If you’re exploring your options for claiming, you probably have questions: how is compensation determined? Is there a time limit? And how can I prove liability? When you’re navigating the fallout of an accident at work, we’ve put together this guide to tell you all you need to know about the personal injury claims process.
Forklift trucks are extremely useful pieces of machinery, enabling heavy loads to be moved in warehouses, yards, and depots worldwide. However, without the right training, maintenance and workplace design, they can pose a serious risk to both drivers and other workers. As you can imagine, compensation for accidents involving heavy machinery can be quite serious.
For further guidance, talk to an advisor today to learn more about making a claim:
- Calling 0151 375 9916.
- Or, contact us online.
Can I Make A Forklift Accident Claim?
Yes, you can make a forklift accident claim if you have evidence that shows the injuries you sustained were due to your employer failing to protect you. Employers are required by law to implement reasonable steps to comply with various pieces of legislation, which we will outline below while setting out the eligibility requirements for pursuing a claim:
- You were owed a duty of care. A duty of care refers to a legal responsibility to ensure another’s safety. For employers, this involves taking reasonable steps to ensure the health, safety, and well-being of their employees. This is in accordance with the Health and Safety at Work etc. Act 1974.
- This duty was breached. If reasonable steps are not taken to protect staff, this is deemed a breach of the duty of care. For instance, your employer might have failed to supply you with any training on operating forklifts.
- That breach resulted in an accident in which you were injured. A claim can be made where a breach of duty results in injury. This applies equally to physical harm as it does to psychiatric distress. So, you could seek compensation for both short-term fractures and long-term post-traumatic stress disorder (PTSD) stemming from the forklift incident.
Can I Claim For A Loved One’s Forklift Accident?
Yes, you can claim for a loved one’s forklift accident if they are otherwise unable to do so for themselves. Children cannot claim until they reach 18, and those lacking sufficient mental capacity are also unable to seek compensation without the help of an eligible adult.
You will need to be appointed as their litigation friend to help them seek forklift injury compensation. As a litigation friend, you will have the power to make decisions during the claim, and must coordinate with the injured person’s solicitor to protect their best interests. While it is typical for a parent or guardian to undertake this role, in reality, any adult who meets the suitability requirements can be a litigation friend.
To learn more about the eligibility criteria, as well as claiming on behalf of someone else, speak to our advisors today using the details provided at the bottom of the page.
Examples Of Accidents With Forklift Trucks
If employers fail to meet safety standards, accidents involving forklift trucks can occur due to inadequate training, poor maintenance, or improper load management. While we’ve tried to be as thorough as possible in the following examples, various other types of incidents involving forklifts could occur:
- Inadequate operator training: Incidents arising from poor employee training, such as collisions with other machinery, trucks toppling from overloaded forks, or excessive speed.
- Poorly secured loads: Workers can suffer forklift injuries when objects fall from poorly secured or unstable pallets being carried by the forklift.
- Maintenance failures: Accidents resulting from a failure to conduct maintenance inspections or regular servicing, meaning faults with brakes, reversing alarms, or lifting mechanisms are missed.
- Hazardous work environments: Poorly designed spaces, including uneven or slippery surfaces, or layouts that force forklift drivers to navigate multiple blind spots without the presence of signposts or mirrors.
- Crush incidents: Accidents involving crush injuries can be fatal, often resulting from the forklift toppling or from loads that are improperly secured or unevenly weighted.
We recognise that no workplace is the same, so be sure to contact our advisors to find out whether you could claim in your particular circumstances using the contact information given at the bottom of this page. Our advisors offer confidential assistance and are available 24/7 to provide the quick support you deserve.
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What Injuries Could Be Sustained After A Forklift Accident?
Serious injuries, including broken bones and damage to internal organs, could be sustained after a forklift accident. Any incident involving heavy machinery and work vehicles can have significant physical and psychological consequences for employees, and even be life-changing.
Specific injuries can include:
- Head trauma and brain damage.
- Damage to the internal organs, particularly in cases of crush accidents or collisions.
- Fractures and broken bones.
- Loss of limbs.
- Paralysis and damage to the spinal cord.
If you’d like to share the specifics of your own forklift injuries, our dedicated advisory team is here to listen, provide guidance, and answer any questions you might have about claiming.
How Much Compensation Can I Get For A Forklift Injury Claim?
The amount of compensation you can get for a forklift injury claim reflects not only the extent of your pain and suffering, but also how this affects your quality of life and finances. Due to the potentially serious nature of the accidents involving forklifts, you could receive 10s of thousands of pounds, if not more. This is before you even get into lost income and other costs, which can be reimbursed as part of the claim.
Now, there are two relevant heads of claim we need to discuss:
- Physical injuries and psychiatric damage are compensated under general damages.
- Financial losses can be reimbursed under special damages, but we’ll cover this in greater detail in the next section.
In terms of general damages, those responsible for valuing your claim can refer to any provided medical evidence and may use these records alongside the Judicial College Guidelines (JCG). This document is routinely updated with suggested compensation brackets for different injuries. Some of the latest JCG figures, excluding the top entry, have been used for the table here:
Compensation Table
Please note that this information is intended to act as guidance only.
| Type of Injury | Guideline | Notes |
|---|---|---|
| Multiple Very Serious Injuries + Special Damages | Up to £1,000,000 + | Very serious injuries combined with substantial financial losses including a loss of income, medical bills and home modifications. |
| Head Injuries and Brain Damage – Very Severe (a) | £344,150 to £493,000 | Little, if any response to environment with a need for full time nursing. |
| Head Injuries and Brain Damage – Moderate (c)(iii) | £52,550 to £110,720 | Impacts on concentration and memory, impacting ability to undertake work. |
| Leg Amputations – Loss of Both Legs (a)(i) | £293,850 to £344,150 | The loss of both legs above the knee, with compensation depending on the level of phantom pains, the success of prosthesis and issues with the hips and spine. |
| Leg Amputations – Above-Knee Amputation of 1 Leg (a)(i) | £127,930 to £167,760 | Similar to above, the payout for the loss of a single leg will be influenced by degenerative changes in the remaining joints and levels of phantom pain. |
| Chest Injuries – Permanent Damage (b) | £80,240 to £122,850 | Traumatic injuries affecting the chest and/or internal organs resulting in impairment of function and reduced life expectancy. |
| Chest Injuries – Continuing Disability (c) | £38,210 to £66,920 | Some continuing disabilities from damage to the chest. |
| Other Arm Injuries – Permanent and Substantial Disablement | £47,810 to £73,050 | Serious and permanent disability from serious fractures of the forearms. |
| Other Arm Injuries – Less Severe Injury | £23,430 to £47,810 | Injuries that, while serious, a substantial recovery is expected from or has already occurred. |
| Elbow Injuries – Less Severe | £19,100 to £39,070 | Functional impairment without major disability. |
For a more tailored discussion on forklift injury compensation, why not contact our advisors today? There is nothing to lose, as there is no obligation to proceed with a claim.
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We pride ourselves on providing the best service possible for our clients.
Can I Claim For Financial Losses Resulting From The Forklift Accident?
Yes, you can claim for financial losses resulting from your forklift accident injuries. Special damages can be paid for these costs, and the compensation value can be significant. This is due to the fact that you can claim for both past and future losses, such as:
- A loss of income, including loss of future earnings.
- Medical expenses such as prescriptions, physiotherapy, counselling, and other private treatments.
- Accessibility installations in your home.
- Support with household tasks like cooking, cleaning, and childcare.
- Travel expenses.
Having a paper trail is always a positive for any claim, but you will also need supporting evidence if you want to be compensated for the losses you have experienced. So, keep your payslips and any other documents safe, such as purchase receipts, care bills, and travel tickets.
We’ve tried our best to be thorough here, but each claim is valued individually, so we can’t get too specific. For more guidance on how to claim for special damages in your particular circumstances, speak to our advisory team today.
Fatal Forklift Injury Claims
Fatal forklift injury claims can be made following the death of the injured person. There are 2 laws under which wrongful death claims can be made:
- The Law Reform (Miscellaneous Provisions) Act 1934 empowers the estate of the deceased to claim for their pain and suffering, as well as financial losses incurred prior to their death. The estate can also claim on behalf of qualifying dependents. For the first 6 months after death, only the estate can make a claim.
- Under the Fatal Accidents Act 1976, qualifying dependants of the deceased can claim for the impact the death has had on them, provided the estate has not done so within the 6-month window.
There are other requirements to making fatal injury claims, so for more detailed guidance, see our guide on this topic or talk to one of our advisors using the contact information given below.
How Can I Prove Liability In A Forklift Accident Compensation Claim?
You can prove liability in a forklift compensation claim by providing clear evidence of how your employer’s negligent actions caused you injury, such as by supplying a copy of CCTV footage or taking photographs of the accident site. In addition to providing strong evidence, there are other steps that should be taken following any accident, not only to safeguard your well-being but to ensure the incident is properly recorded.
We’ve set out the evidence needed for a personal injury claim, as well as the key steps to take immediately following a workplace accident, under these headings.
Get Medical Help
This is vital. Accidents involving vehicles such as forklifts and other industrial machinery can result in severe injuries, so getting medical treatment right away is of paramount importance. In the event of an emergency, an ambulance should be called.
Gather Evidence
Once you are not in any immediate danger, you can start gathering evidence. In situations where your injuries prevent you from doing so, others can file accident reports, collect contact information, and take site photographs.
Examples include:
- Medical records (e.g., blood test results, scans, and examination notes) are the best way of showing what harm you have experienced and how serious it was. These records will also be useful to those valuing the claim.
- If available, you can request CCTV footage of the accident. This is an effective way of showing what happened in real time.
- Photographs of your injuries, the forklift itself, and the immediate scene of the accident.
- Contact details of your colleagues or others who would be willing to provide eyewitness statements to a solicitor.
Report The Accident
Employers with 10 or more employees should keep an accident book on site at all times. This is the formal record that outlines the details of an incident, such as when and how the accident occurred. As it is reasonably likely that, following a forklift accident, you won’t be in any state to make the report yourself, a manager or colleague can fill in the logbook for you. Reports are typically checked by a manager or designated first aider to ensure all information is correct.
Keep A Record Of How Your Injuries Have Affected You
During your treatment, it’s useful to keep a record of how your injuries have affected you and your daily life. A simple diary in which you note the treatments, surgeries, or medications you have received, along with any pain levels, provides a much more personal account of the impact. Note down both physical and mental symptoms, as well as any effects on social and family life, or your ability to undertake work.
Seek Legal Advice
JF Law’s dedicated advisory team can offer free legal advice and tell you if you have a valid claim in just a few minutes. If you meet the requirements, you’ll be put through to one of our experienced accident at work solicitors. Consulting a legal professional can be beneficial, as they can assist you in collecting the right evidence, preparing paperwork, and negotiating on your behalf. You can see more about what our solicitors can do for you towards the end of the guide.
Pay Attention To The Time Limits
Most personal injury cases are subject to a 3-year time limit per the Limitation Act 1980, but certain exceptions sometimes apply. Starting your claim within the relevant time limit is crucial to avoid what’s known as a “time bar,” as a claim can usually no longer be made after the 3-year window passes. You can get further guidance on time limits and when they may apply in our guide to the limitation period.
We know there’s a lot of information in this section, but we hope you found it useful. To get a free eligibility check or for more tailored information on making a claim, use the contact information given below.
Can Forklift Accident Claims Be Made With A No Win No Fee Solicitor?
Yes, forklift accident claims can be made with the No Win No Fee solicitor here at JF Law, who can provide tailored support from start to finish. Our advisory team can also answer your questions and tell you within a few minutes if there is a claim to be made for your forklift accident. If eligible, you can be connected with an expert personal injury solicitor.
Our solicitors are among the most experienced in the business, boasting years of success representing clients nationwide. After many years of getting clients the compensation they deserve, our solicitors understand each claim is as unique as the person making it, and therefore, the service we provide is built around your individual needs.
Here are just some of the ways JF Law can support you:
- Ensuring you are referred to the relevant medical specialist for whatever care, treatment, and rehabilitation you require.
- Assisting you with collecting supporting evidence.
- Determining an accurate compensation figure that fairly reflects both your injuries and financial losses.
- Helping you understand what is happening with your claim and explaining all the complex legal language. The team have also put together a helpful legal glossary to assist you in this regard.
- Negotiating with the defendant’s solicitors.
Legal Expert’s solicitors offer their services on a strictly No Win No Fee basis under a contract called a Conditional Fee Agreement (CFA). This allows you to pursue compensation without being charged service fees at the start of the claim or while it is ongoing, nor if the case is lost. A success fee will be taken if the claim is won, charged as a capped percentage of the compensation. This cap is legally enshrined by The Conditional Fee Agreements Order 2013, so the advantage is firmly with the claimant.
Contact JF Law To Make A Claim
JF Law maintains an around-the-clock advisory team so you can be in touch at a time that suits you. Whether you’re after a free eligibility check or want further information on the claims process, we are always available.
Talk to an advisor today by:
- Calling 0151 375 9916.
- Or, contact us online.
More Information
You can view some of our other personal injury claims guides here:
- Find out what to do after an accident at work with this guide.
- Check the eligiblity requirements to make a scaffold accident claim.
- Read our guide on how to make a shoulder injury claim and see how compensation is determined.
These additional resources have been included to provide further information:
- Read the latest guidance on vehicle safety from the Health and Safety Executive (HSE).
- Learn when to call 999 using this resource from the NHS.
- The government has a detailed overview of Statutory Sick Pay (SSP) applications.
Thank you for taking the time to read our guide to making a forklift accident claim.
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