All employers have a legal duty towards the well-being of their staff established by the Health and Safety at Work etc. Act 1974. This is added to by the Provision and Use of Work Equipment Regulations 1998 when employees are working with workplace equipment like forklift trucks.

Together these laws mean that employers should:

• Train forklift truck operators adequately.
• Ensure there are safety procedures in place to protect those working near forklifts.
• Make sure all forklift trucks are properly maintained.
• Conduct regular risk assessments and try to remove any dangers where possible.

If your employer breaches their legal duty (because of their actions or inactions), you may have grounds to claim compensation for any subsequent injuries.

The personal injury claim eligibility criteria for making an accident at work claim are as follows:

• Were you owed a duty of care by your employer at the point of your accident at work?
• Did your employer cause the accident by breaching that duty; and
• Were your injuries sustained as a direct result of that accident?

If all of the above are true, you might be entitled to make a personal injury claim for any suffering you’ve endured.

Why not call today if you believe you should be compensated and let a member of our team assess your case for free?

What Are The Time Limits For Forklift Accident Claims?

If you are injured in a forklift accident at work, you’ll usually have 3 years to begin a personal injury claim. Generally, this period starts from the date of your accident as you’ll usually be aware of your injuries right away.

There are several exceptions to this limitation period. To make it easier to recall how the accident happened and how you’ve been affected, it’s often a good idea to begin your claim as quickly as you can.  If you work with one of our solicitors, they’ll ensure that your case is filed in time and doesn’t become statute-barred.

How To Make A Forklift Accident Claim

It’s a good idea to collect evidence to help prove how the accident happened and how you’ve suffered as a result.

The types of evidence you could provide in an accident at work claim include:

• Photographs taken at the scene of the accident to demonstrate how it happened.
• Details about the medical treatment you received from a GP or at a hospital.
• Contact information for colleagues, customers or anybody else who witnessed the accident.
• CCTV footage of the accident if your employer uses security cameras.
• Accident report forms that can help to confirm when and where the accident happened.

If you have any of the above information when you call, please let us know. If your claim is taken on, your solicitor will help to collect any further evidence needed.

Importantly, personal injury claims may require an independent medical report. Therefore, your solicitor will arrange a meeting with a specialist who’ll discuss your injuries, examine them and then produce a report to set out your prognosis.

How Could A Forklift Accident At Work Happen?

Some examples of the types of incidents that could result in a forklift accident claim include:

• Where somebody who was not qualified to operate a forklift caused an accident in which you were injured.
• Where a forklift was being driven too fast, dangerously or in a pedestrian-only area and hit a worker.
• If a forklift toppled over because it was loaded poorly and its load crushed you.
• Where a forklift collided with racking or shelving and caused products to fall onto you.
• Where a forklift driver is injured in an accident caused by a poorly maintained vehicle.

This is just a sample of some scenarios that could result in a forklift accident compensation claim. Please call us if you’d like to discuss any other type of forklift accident that you’d like to claim for.

Potential Compensation From A Forklift Accident Claim

If you are awarded compensation following a personal injury claim, general damages will be paid to cover your pain and suffering.

To help determine the correct level of general damages to award, solicitors and other legal professionals refer to the Judicial College Guidelines (JCG).

Our compensation calculator and the table below use figures from the JCG. It is important to note that these compensation brackets are simply a guideline. The amount awarded in compensation following a forklift accident at work will be calculated also using an independent medical assessment of your injuries and also take into account any loss of amenity (the impact your injuries have on your daily activities and hobbies). As such, the figures displayed here should be used as reference only as each forklift accident claim is unique.

Compensation Table

Forklift Accident – Examples Of Financial Losses

It may also be possible to claim back any costs linked to your injuries. This is referred to as special damages and could cover:

• Medical costs
• The cost of a carer.
• Lost income and any future reduction of earnings.
• Travel costs.
• The cost of making changes to your home to help you deal with any long-term disability.

If you wish to claim back any of the above, you should keep copies of any relevant receipts, bank statements or wage slips.

As part of your free initial consultation, one of our specialists will explain what compensation you might be entitled to. Therefore, why not call us today to discuss your forklift truck accident?