How Do You Make A Forklift Accident Claim?
This guide explains how to make a forklift accident claim if your employer caused you to be injured because they breached their duty of care.
Forklift trucks can make warehouse operations much easier. However, due to the weight of forklift trucks, their speed and the loads they move, when an accident occurs that involves one it has the potential to cause serious injuries. This guide will explore the eligibility criteria for making a personal injury claim follwoing an accident in the workplace. We will look at the legislation that can be used as the basis of your work injury claim and explain how our specialist solicitors can help you.
As you move through this guide, you will see sections on; the evidence that is useful to support a claim like this, how a forklift accident could occur, the ways in which workplace compensation is calculated and lastly how you can get all the help you need from a solicitor under a No Win No Fee Agreement.
We offer a free initial consultation where you’ll receive no-obligation advice if you’d like to discuss your forklift accident claim.
For your free consultation, you can:
- Call our team on 0151 375 9916.
- Use our live chat service.
- Complete our “Contact Us” page so that we can get back to you.
Please read on or contact us if you’d like to discuss your case with a specialist.
Browse This Guide
- When Are You Eligible To Make A Forklift Accident Claim?
- How To Make A Forklift Accident Claim
- How Could A Forklift Accident At Work Happen?
- Potential Compensation From A Forklift Accident Claim
- Use No Win No Fee Accident At Work Solicitors To Claim
- Read More About How To Make A Forklift Injury Claim
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.
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.
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.
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.
|Injury Type||Severity||Compensation Bracket||Extra information|
|Brain/Head Injury||Very Severe||£282,010 to £403,990||Little or no language function, double incontinence, and the need for full-time nursing care.|
|Brain/Head Injury||Less Severe||£15,320 to £43,060||While a good recovery will have been made, the claimant may still have problems such as poor concentration, memory loss or mood issues.|
|Leg Injury||Amputation (iii)||£104,830 to £137,470||An above the knee amputation of one leg. Factors affecting the compensation amount include: phantom pains, osteoarthritis risk, psychological problems and side effects.|
|Leg Injury||Severe Leg Injuries (i)||£96,250 to £135,920||Extensive degloving of the leg, where there is gross shortening of the leg.|
|Amputation of Arms||Loss of One Arm (i)||Not less than £137,160||Arm Amputated at the Shoulder|
|Hand Injury||Serious (e)||£29,000 to £61,910||These injuries will result in the hand only retaining 50% functionality. E.g. Where multiple fingers have been amputated and rejoined but leaving the hand clawed or unsightly.|
|Pelvis Injury||Moderate (i)||£26,590 to £39,170||This will be a significant pelvis injury but any ongoing disability will not be serious.|
|Knee Injury||Moderate (i)||£14,840 to £26,190||Knee injuries that cause weakness, instability and wasting such as a torn meniscus or dislocated knee.|
|Ankle Injury||Modest||Up to £13,740||The less serious, minor or undisplaced fractures, sprains, and ligamentous injuries.|
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?
Having a personal injury solicitor on your side when claiming forklift accident compensation can make the process a lot easier.
If your case is handled by a solicitor from our team, they will:
- Help to collect evidence to substantiate your claim.
- Communicate on your behalf so you don’t need to speak with your employer or their insurance provider.
- Arrange for your injuries to be verified independently.
- Argue your case to try and win it and to secure the maximum level of compensation.
- Keep you updated about how the case is progressing.
Importantly, they’ll do all of the above on a No Win No Fee basis.
You’ll be asked to sign a Conditional Fee Agreement (CFA) – a type of No Win No Fee contract.
The CFA means you won’t pay any fees for your solicitor’s work up front, during the claims process or if your claim fails.
If you are compensated, your solicitor will deduct a success fee from your settlement amount. This percentage is legally capped when using a CFA so you’ll still keep the bulk of any compensation payout.
To check if one of our solicitors could help you to claim, you can:
- Call our advice centre on 0151 375 9916.
- Email us using our “Contact Us” page.
- Chat online with a specialist advisor.
Thanks for reading about how to make a forklift injury claim. In this final section, we’ve added some links to a few more of our guides:
- Details on when an ankle injury at work could result in a personal injury claim.
- Further advice on what to do after an accident at work including reporting requirements.
- Information on when you could claim following a fall at work and how much compensation might be awarded.
And here are some external resources that might also prove useful:
- A range of frequently asked questions about lift trucks from the HSE.
- Information on when to go to A&E if you’re injured.
- Safety advice for those working in warehouses and storage.
If you would like to know anything further on making a forklift accident claim, please call today.