Forklift Accident Compensation Claims

Forklift accident claims deal with individuals who have been injured in the workplace due to the negligence of an employer. A forklift is a potentially dangerous piece of machinery, and employers have a duty of care to ensure that anyone in their workplace is kept as safe as possible when forklifts are being operated.

If you’ve been injured in an accident at work involving a forklift, and that accident happened because your employer was negligent in some way, then you may be able to claim compensation.

According to the British Safety Council, 1,300 people are involved in forklift-related accidents in the UK every year, while the Health and Safety Executive (HSE) reports that a quarter of all workplace accidents involve a forklift.

Forklift accident claims don’t always deal with the person operating the forklift, since many forklift accidents involve injuries caused to people in the area around the vehicle itself. If you’ve been involved in a forklift accident and suffered injury as a result then you may be eligible to claim compensation.

Contact our forklift accident compensation solicitors and we’ll take the details of your accident and explain whether it sounds like your employer has been negligent. This negligence could involve a lack of training for you or your colleagues on the forklift equipment, inadequate PPE, poor risk assessment before the work takes place or badly maintained equipment.

Claiming Compensation for a Forklift Accident

Forklift accident claims for compensation can be made by anyone who has been injured following an accident involving a forklift. The criteria for making a successful claim are as follows:

• There has been an accident involving a forklift
• You have been injured as a result of that accident
• The accident happened because your employer was negligent

Forklift accident claims are sometimes made by the person operating the forklift, but are equally likely to involve other employees working close to the forklift, or even visitors to the building in which the forklift is working. In all cases, the owners of the business in question have a legal duty of care to employees, contractors and visitors.

As forklift accident compensation solicitors we have experience of dealing with every type of forklift negligence. The most common reasons for forklift accidents taking place are as follows:

• The forklift driver hasn’t been given sufficient training. Operating a forklift is a skilled activity, and employees should be rigorously trained before starting to use the equipment. An untrained operator is far more likely to make mistakes leading to accidents and injuries.
• The forklift collides with other vehicles or objects. This could be caused by the driver being poorly trained or not experienced enough for the task in hand. Collisions are also more likely to happen when the work has been poorly planned and a proper risk assessment hasn’t been carried out.
• Crush injuries when the forklift is being loaded or unloaded. These are more likely to happen if the work has been poorly planned, with excess weight being handled by individual workers. Crush injuries can also take place if the area around the forklift hasn’t been cleared sufficiently for the work to take place safely.
• The forklift itself failing or malfunctioning. This could be down to negligence if the forklift hasn’t been serviced, inspected and maintained correctly. Damaged brakes or steering, in particular, are likely to cause problems.
• Other workers or visitors being injured by items falling from a forklift. If the items on a forklift are not safely secured they could fall and potentially cause serious injury. If the employer has not trained the forklift driver in how to secure items properly then they may have been guilty of negligence.
• The forklift collides with a pedestrian. The area in which a forklift is operating should be kept as free from pedestrians as possible, with the work planned to minimise the risk of collisions. A lack of planning or an inexperienced, poorly trained driver could cause an accident of this kind, as could insufficient supervision of the work.
• The forklift tipping over. If the forklift is overloaded or the items are stacked improperly it could tip over entirely. A properly trained forklift driver should know how to safely load the forklift, and careful planning and risk assessment should prevent accidents of this kind.

In general terms, forklift accident claims happen because the forklift has been poorly maintained, the driver hasn’t been trained properly or the work has been badly planned. If an employer allows any of these to happen then they have been negligent, and that applies to full and part-time employees, contractors, self-employed contractors, temporary workers and people on zero hours contracts.

Workplace forklift safety regulations are very strict. The HSE publishes an Accepted Code of Practice.

This code covers the following:

• The minimum age for driving a forklift truck – 16 in general, 18 in port facilities
• The details of what forklift training should include
• Who should receive forklift training
• How the operation of a forklift should be monitored and assessed
• Refresher training
• How to select instructors for forklift training
• The records that need to be kept

If you’ve been injured in a forklift accident and feel that your employer has been negligent when it comes to maintaining safe standards, then use our Contact Form to get in touch with our team.

Our forklift accident compensation solicitors will be happy to explain whether we think you have been a victim of negligence and could make a no win no fee claim for compensation, and talk you through the forklift injury claim process.

Do I Need a Solicitor for a Forklift Accident Claim?

Legally speaking, you don’t need a solicitor for a forklift accident claim, but making a claim without legal representation would be extremely risky. Experts like those at Truth Legal have dealt with multiple claims of this kind, as well as other accident in the workplace claims.

As a result, we have the experience and expertise needed to quickly gauge the strength of your claim, and guide you through the process one step at a time. We know exactly what constitutes negligence on the part of your employer, and how to go about gathering the evidence needed to build the strongest possible case.

In addition to this we have a wealth of experience when it comes to negotiating compensation payments. We’ll know what kind of payment should be offered for the specific injuries you’ve suffered, and also what other expenses you can expect to be compensated for. If your employer admits liability and makes an offer of compensation we’ll know if it’s fair and should be accepted, or whether we should go back and negotiate a fairer settlement.

Only a minority of forklift accident claims have to be taken to court, but if this happens then having expert representation will be invaluable. Appearing in court can be daunting, but we’ll be by your side every step of the way, and will present the strongest possible case on your behalf.

The fact that we’ve handled multiple forklift accident claims in the past will speed up the claims process and increase the chances of a successful outcome. We work on a no win no fee basis, so you’ll be able to access expert legal support without any initial outlay and, if your claim is successful, you’ll be able to keep the majority of the compensation awarded.

How Much Compensation Can I Receive for a Forklift Accident?

The question of how much compensation you’ll receive following a forklift accident is dependent upon two factors:

• The injury you received in the forklift accident and how severe it is
• The extent of the expenses you’ve had to meet which can be directly attributed to your injury

Injuries in forklift accident claims can sometimes be very serious, reflecting the risks of negligence when working with heavy machinery or at height. To calculate an amount likely to be paid for the injury itself, we consult the Judicial College Guidelines (JCG), a publication recommending the compensation to be awarded for injuries to specific parts of the body. Amounts in the latest edition include the following:

• Moderate brain and head injury – Very seriously disabled – £183,190 to £267,340
• Severe back injury – Damaged spinal cord and nerve roots – £111,150 to £196,450
• Severe arm injury – Serious but falling short of amputation – £117,360 to £159,770
• Serious foot injury – On-going pain and a risk of future complications – £30,500 to £47,840

Our experience of forklift accident claims and the kind of injuries involved, in addition to independent medical assessments, will enable us to come up with an estimate of the compensation you could receive for your injury. As well as the physical impact you will be compensated for any psychological effect, such as Post Traumatic Stress Disorder, which prevents you from living your life as you did before the accident.

Compensation payments like this are known as general damages, and will also take into account whether you are expected to make a full recovery and how long it could take, and any loss of amenity, a phrase which means you aren’t able to live as you did before the forklift accident.

As well as general damages, forklift accident compensation includes what are called special damages. This is compensation which is meant to directly cover the financial cost of your injuries. Things which could be included when calculating special damages are as follows:

• Loss of earnings if your forklift accident injuries mean you can’t earn as much as previously, or can’t work at all
• The direct cost of medicines needed because of your injuries, together with any treatment and surgery costs
• The cost of any physical adjustments – such as grab rails or a stair lift – which have to be made to your home or your vehicles to accommodate your injuries
• The cost of any mobility aids you rely on after the forklift accident, from crutches or a wheelchair to a mobility scooter
• The cost of any extra childcare you need to access as a result of your injuries
• Travel expenses from trips to and from medical treatments

In simple terms, anything you have to spend which you wouldn’t have spent if the injury hadn’t happened can be included in special damages.

Types of Forklift Accident Claims We Handle

As experts in compensation for accidents at work we’re used to dealing with every different type of forklift accident claim. From lack of training to poor planning and a lax maintenance regime, negligence can come in many forms, and when large-scale equipment such as a forklift is involved, can cause serious injuries.

Some of the forklift claims we handle include the following:

Forklift accidents due to inadequate training

Forklift drivers need to be given full training in operating a forklift, delivered by a qualified person. They should also be provided with broader health and safety training, and all training should be refreshed and updated on a regular basis.

A forklift driver who is poorly trained is far more likely to use the forklift in a way which causes injury to themselves or others, from operating too close to pedestrians to overloading the forklift.

Forklift accidents caused by faulty equipment or machinery

Forklift accidents caused by faulty machinery can happen when the forklift hasn’t been properly inspected and maintained in line with the manufacturer’s instructions.

If the brakes or steering on a forklift malfunction or the lift itself fails, it could easily lead to serious injury.

A pre-use check should take place every time prior to a forklift being driven.

Forklift collisions with workers

Injuries to fellow employees or even member of the public involved in a forklift collision could be caused by faulty equipment, poor training or insufficient risk assessment and supervision.

Injuries from falling forklift loads

If a load has been badly stacked on a forklift and falls, causing injury, this could mean that the forklift driver hasn’t been trained properly, that the forklift itself malfunctioned, or that the loading job wasn’t planned properly with a full risk assessment.

Accidents due to improper forklift operation

A forklift driver who hasn’t been trained properly by a qualified person is much more likely to cause an accident due to improper forklift operation than one who has received the proper training.

Accidents involving inadequate PPE

The right kind of PPE for working with a forklift could include hard hats to protect from any falling materials, gloves for handling potentially hazardous materials and protective footwear to guard against potential crush injuries to the foot.

Failure to provide the right PPE could lead to a relatively minor forklift accident causing much more serious injuries that it would if the right PPE had been provided.

Falls from height while using a forklift

A forklift is meant to shift items from the ground to a higher position, but if the work hasn’t been planned properly, with a full risk assessment, it could lead to a fall from height.

One example might involve an employee unloading the forklift on a higher level without a protective rail being in place.

Injuries caused by unsafe working environments

The working environment in which a forklift operates should be the subject of thorough planning and a risk assessment process.

Failure to plan correctly and to supervise the forklift operations could lead to a forklift operating in a space which is too small, or through which too many people move.

This could increase the chances of a forklift accident such as being struck, pinned or crushed by a forklift.

Step-by-Step Guide: How to make a Forklift Accident Claim

Breaking the process of making a forklift accident claim down into smaller steps should stop it feeling quite so daunting.

From the time of the forklift accident taking place, the process is as follows:

1. Seek medical attention

Access medical attention as soon as the forklift accident happens. Your health and well-being need to be the top priority, and immediate medical attention could reduce the severity of your injuries and boost your chances of recovery. In addition to dealing with your injuries, prompt medical attention will create verified documentation of the type and severity of those injuries.

2. Make a report

Make sure that the forklift accident has been reported to your employer. Many workplaces have an accident book for logging incidents of this kind. If an entry is made in the workplace accident book check it before signing to make sure that every detail is correct. If your workplace doesn’t have an accident book then report your accident by emailing the details to your employer. This will create a written record for future reference when compiling evidence of the accident.

3. Legal advice

If you think your forklift accident may have been the result of negligence then contact Truth Legal as soon as you are able. We provide a free confidential consultation during which we’ll asses your forklift accident and explain if you have grounds to claim for compensation. If you do then we’ll set about gathering evidence to build the strongest possible case, on a no win no fee basis.

4. Medical assessments

You may need on-going treatment for your injuries, and the details of all medical interventions should be logged as evidence of what has happened to you. In addition to this, many claims involve one or more independent medical assessments designed to gauge the nature and severity of your injuries, the impact on your well-being now and the prognosis for recovery in the future.

5. Negotiate

Having informed your employer or your employer’s insurers that you are making a compensation claim, and then built the case for that claim, we will negotiate on your behalf. The vast majority of forklift accident claims are settled without a court case, with the employer admitting negligence and offering a settlement.

We’ll use our legal expertise and the knowledge built by fighting multiple cases of this kind to determine whether the compensation being offered is fair, if it is we’ll advise you to settle, but if it isn’t then we’ll keep fighting for what we think you deserve.

In the small number of forklift accident claims in which the employer denies negligence the issue will be settled in court. In a case such as this we will represent you, presenting the evidence of negligence and the injuries caused, as well as the on-going impact the forklift accident has had on your life.

How long do Forklift Accident Claims take to settle?

The length of time this process takes will vary from case to case. Because we empathise with the stress that being injured through your employer’s negligence can cause, we always work to reach a fair compensation settlement as quickly as possible. Factors which impact on the timeline of a forklift accident claim include:

• How long it takes to pull together all of the evidence needed – including official records from your employer and medical reports
• Whether your employer admits negligence when presented with your claim or chooses to fight against it
• How long it takes to negotiate a fair compensation settlement

If the case goes to court there may well be a wait for a court to become available

No matter what the circumstances of your forklift accident claim are, the sooner you start working with the team at Truth Legal, the better. Claims of this kind often make use of evidence gathered from other people who witnessed the forklift accident. Gathering that evidence while events are still fresh in people’s memory will mean it’s more likely to be effective.

The sooner you start your claim, the sooner you’ll get any compensation awarded, meaning you can get on with living the rest of your life. In some longer cases it may be possible to receive interim payments to help out until the final settlement is made, with those initial payments then deducted from that settlement.

Understanding Employer Responsibilities and Health & Safety Regulations when using forklifts

Your employer has a duty of care to keep you as safe as possible while you’re working – including while driving or working around a forklift. This isn’t simply common sense but a legal obligation.

The general duty of care is set out in the Health and Safety at Work Act 1974, and includes the fact that your employer should, at all times:

• Carry out risk assessments of work to be carried out
• Provide the training needed on using any equipment and managing the risks involved
• Provide personal protective equipment (PPE) which is fit for purpose
• Maintain all equipment used in line with manufacturers stipulations
• Maintain a safe working environment

In addition to this general duty of care, an employer asking you to work with a forklift has to comply with The Provision and Use of Work Equipment Regulations 1998 (PUWER). This legislation applies to all workplace equipment, and means that your employer has an obligation to try to ensure that:

• The forklift being used is safe and suitable for the job in question
• The forklift has been inspected, repaired and maintained properly
• The forklift is only to be used by employees trained in how to do so
• The forklift should have health and safety features required, such as flashing lights to enhance visibility and warning signs to remind the driver and others of what the safe weight limits are

If your employer fails to comply with these or any other pieces of workplace legislation, and you are injured in a forklift accident as a result then you may be able to claim compensation.

Workplace (Health, Safety and Welfare) Regulations 1992 are also likely to be applicable, for example Regulation 17 that covers a situation where an employer failed to organise the workplace in such a way that pedestrians and vehicles could circulate in a manner without causing danger to the health or safety of persons at work, and failed to ensure that the traffic routes were suitable for the persons or vehicles using them.

Can I claim if I Was Partly at Fault for a forklift Accident?

Even if you were partly to blame for the forklift accident you are still entitled to claim compensation. The law in question is based on the idea of contributory negligence. This means that if it is felt that you were 20% responsible for the accident, due to careless behaviour, for example, then any compensation you receive will be reduced by 20%.

Even in a case of this kind a claim for compensation is still likely to be successful if it can be shown that the negligence of your employer was in some way to blame for that accident. If we take your case on we’ll give an honest assessment of the situation, and won’t let your own partial responsibility stop us from seeking compensation on the grounds that your employer’s negligence also played a part. The complex nature of some forklift accident claims means that blame sometimes has to be shared, but that doesn’t mean we won’t work to get you the compensation you deserve.

Why Choose Truth Legal for Your Forklift Accident Claim?

If you’ve been involved in a forklift accident and suffered injuries as a result of your employers negligence then you have every right to claim compensation. Not only will this go some way toward making up for the pain and distress you’ve caused, but it will also ensure that you’re not out of pocket as a result of your injuries, either now or in the future.

Working with Truth Legal will massively enhance the likelihood of you being awarded the compensation you’re entitled to. We’ve handled thousands of cases for people who’ve been injured in the workplace, and have an impressive track record of success – not only probing negligence but fighting for the fairest possible compensation package.

Take a look at our Case Studies page to see the sheer range of our expertise, the number of people we’ve helped and the impressive amounts of compensation we’ve claimed on their behalf. We commit fully to each and every one of our clients, and offer support that blends hands on legal expertise with support and empathetic understanding.

The fact that we work on a no win no fee basis means that the process is risk free. There are no up-front payments involved and if you win your case you get to keep the majority of the compensation awarded every single time. At no point will you be hit with surprise fees or hidden charges, and even those clients who aren’t successful are protected from the risk of having to pay costs.

Finally, the fact that we are no win no fee forklift accident solicitors means that we only take on the cases we genuinely believe have an excellent chance of succeeding. If we take your case on it’s because we honestly think you deserve to be paid compensation, and will fight our hardest to make sure it happens. The words of our satisfied customers put it even better than we can.

Forklift Accident FAQs

What is the time limit for making a forklift accident claim?

The time limit for making a forklift accident claim is three years from the date of the accident happening. There are a few exceptions to this limit:

• The forklift accident caused a brain injury which left you ‘mentally incapacitated’ and unable to make a claim during the three years
• You were under 18 at the time of the forklift accident. If so, the three year limit runs from the date of your 18th birthday up to your 21st
• You were working overseas when the forklift accident happened

If the forklift accident was caused by a mechanical failure which wasn’t discovered until later, then the three year limit will run from the date of this discovery

Can I claim for psychological trauma resulting from a forklift accident?

Yes, you can make a claim for psychological trauma as well as or even instead of claiming for physical injuries. If you can demonstrate that the trauma – such as PTSD – was caused by the forklift accident then you can claim for the impact of that trauma on your life – i.e. on your ability to earn a living.

Who pays my compensation for a forklift accident claim?

The compensation you receive following a successful forklift accident claim won’t be taken directly from your employer. It will be paid by your employer’s insurers, since all employers are legally obliged to take out insurance to cover events of this kind. Never hesitate to make a claim for fear that the business you work for will be left out of pocket – it won’t.

Can I get dismissed or disciplined for making a forklift accident claim?

No, making a claim against your employer won’t affect your employment status. If your employer sacks you following a claim or attempts to force you out of your job they will have broken the law. If this does happen, you’ll be able to make a claim for wrongful dismissal with Truth Legal under the Employment Rights Act 1996.

Do I have to pay upfront costs for legal representation?

There are no upfront costs to pay when Truth Legal handle your forklift accident compensation claim. That’s because we work on a no win no fee basis, and will only be paid a success free from any compensation awarded if the claim is successful. As well as not having to worry about upfront costs you can relax in the knowledge that you’ll get to keep the majority of any compensation, with no hidden charges or extra fees.

Can I claim if I’m self-employed, a contractor, or a temporary worker?

Yes, you can claim for compensation after a forklift accident if you are self-employed, a contractor or a temporary worker. No matter what your employment status is, your employer has a duty of care toward you, and any failure in that duty of care will mean you have the right to seek compensation.

If you’re not 100% sure about your right to seek forklift accident compensation, please contact us today, and we’ll put your mind at rest.

Will I need to attend medical assessments during the claim?

Yes, in the majority of forklift accident claims it will be necessary to attend at least one medical assessment with an independent practitioner in order to assess the extent, type and severity of your injuries.

Client Stories & Case Studies

The case of Hannah*, who suffered life-long injuries in a forklift accident whilst attending a festival, is an example of the approach we take to forklift accidents. Hannah had her foot pulled under the front wheel of a forklift-type vehicle called a telehandler, and was then dragged along in excruciating pain, with her leg and foot trapped.

Hannah’s long recovery involved several operations and was marked by psychological symptoms leading to a diagnosis of Post-Traumatic Stress Disorder. Truth Legal began a personal injury claim on Hannah’s behalf, gathering evidence and arranging medical reports.
Believing that the accident and Hannah’s lifelong injuries had clearly been caused by negligence we claimed against the following parties:

• The telehandler driver’s employers
• The festival’s organisers
• The company in charge of health and safety at the festival

We felt that all three had failed in their duty of care to Hannah, but they all denied liability, and argued between themselves over responsibility. A court date was set to settle the matter, but just prior to the trial the driver’s employers and the festival organisers agreed to share responsibility, with the majority of fault being admitted by the employers.

As well as her terrible injuries, Hannah claimed for her lost earnings, the care and assistance she required and future treatment costs. In total she received £105,000 in compensation.

*Hannah’s name has been changed to maintain her confidentiality

Contact Truth Legal to Start Your Forklift Accident Claim

If you’ve been injured by a forklift accident and feel that the accident was caused by the negligence of a third party such as your employer, then you may be able to make a claim for compensation. The compensation you receive will not only be recognition of the pain and distress you’ve suffered, but it will also be calculated to ensure that the forklift accident doesn’t leave you financially worse off.

Call us today to speak to an expert member of our team. The initial 30 minute consultation is completely free of charge. If we think it sounds like you have a good case for compensation we’ll set about building the strongest possible case.

We’ll treat the details of your case with complete confidentiality, and if we think your employer has failed in their duty of care to you we’ll work on your case on a no win no fee basis. Our no win no fee approach means that there are no upfront costs and no hidden fees or payments later on – just the Truth Legal team, using every bit of our experience and expertise to get the compensation you deserve.