While in the workplace, your employer is expected to get you relevant training for your work duties, including how to operate workplace vehicles, such as a forklift. If you have been injured at work, you may be able to make a personal injury claim. In this guide, we’ll explore everything you need to know about how to make a forklift accident claim. We talk about how to sue for a forklift accident, and what criteria your claim needs to meet in order to be valid. Our guide also covers some examples of how a forklift truck accident could happen in the workplace.
In some cases, you may have been partially responsible for either the accident or your injuries. We’ll talk about whether or not you can make an accident at work claim if you were partly to blame for what happened and how this could impact your compensation.
You might be wondering how much compensation you could receive if you make a successful accident at work claim. Our guide discusses the kinds of compensation that you could receive, and how each head of claim is calculated.
Finally, our guide discusses how an accident at work solicitor could help you make a claim. Keep reading to learn more, or get in touch to get started.
Contact Us
If you have any more questions about the claims process that may not be covered within our guide, our advisors can help. When you get in touch, they can evaluate your claim, answer your questions, and connect you with a solicitor from our panel for free. To get started:
- Call us on 0800 408 7827
- Use the live chat feature
- Contact us online
Browse Our Guide
- Can I Make A Forklift Accident Claim?
- How Could A Forklift Truck Accident Happen?
- Can I Claim For An Accident At Work If I’m Partly To Blame?
- What Evidence Can Help In A Forklift Accident Claim?
- How Long Do I Have To Make A Forklift Accident Compensation Claim?
- How Much Compensation For A Forklift Truck Accident?
- How Can A No Win No Fee Solicitor Help Me Claim Forklift Accident Compensation?
- More Information About Accident At Work Claims
Can I Make A Forklift Accident Claim?
In order to make a forklift accident claim, you need to be able to prove that negligence occurred. But what does negligence mean?
In terms of making an accident at work claim, negligence means that:
- Your employer owed you a duty of care.
- They breached this duty of care.
- Because of this breach, you were injured.
When someone owes you a duty of care, this means that they are responsible for your health and safety. A duty of care is owed to you by your employer when you’re carrying out work. The terms of this duty are outlined in the Health and Safety at Work etc. Act 1974 (HASAWA), which essentially states that they need to take all reasonably practicable steps to keep you safe.
For example, part of this duty of care might include providing adequate training. If your employer doesn’t give you the training you need to operate a forklift but asks you to do so anyway, this could result in an injury. In this case, you could potentially make an accident at work claim.
What Injuries Could Be Caused By A Forklift Truck Accident?
Many different kinds of injuries can be caused by a forklift truck accident, including:
- Crush injuries.
- Head injuries, including skull fractures and brain damage.
- Back injuries, like slipped discs and fractures.
- Neck and shoulder injuries.
- Chest injuries and broken ribs.
- Limb fractures.
- Internal injuries.
These are just a few examples of the kinds of injuries that could be caused by forklift truck accidents. Contact our team today to find out how to sue your employer.
How Could A Forklift Truck Accident Happen?
So, how could your employer’s negligent actions cause a forklift accident?
- Inadequate training: Your employer needs to provide free and adequate training whenever it’s necessary to do your job safely. If they don’t provide the training you need to operate a forklift safely but insist that you use one anyway, this could result in the forklift overturning, causing a broken hip.
- Faulty equipment: Before asking their employees to use equipment like a forklift, employers should make sure that it is adequately maintained and in good working order. If your employer knows that the breaks on a forklift are at fault but asks you to use it anyway, this could cause you to crash into shelving, causing a spinal injury.
- Poor housekeeping: Driveways and areas in which forklifts are driven should be kept clear of clutter and debris. If your employer asks you to use a forklift in a dangerously cluttered area, this could cause the truck to overturn, resulting in a head injury at work.
As we’ve already mentioned, you can only make a forklift accident claim if you can prove that negligence occurred. Keep reading to find out if you could still claim compensation if you were partly to blame, or get in touch with our team to get started.
Can I Claim For An Accident At Work If I’m Partly To Blame?
Yes, in some cases, you may still be able to claim compensation if you’re partly to blame. If you contributed to the accident, then you may be able to make a split liability claim. For example, if your employer knew the breaks of a forklift were faulty, but you were driving recklessly and past the accepted speed limit, causing you to crash.
If you were partially responsible for your injuries, then you may be able to make a contributory negligence claim. For example, if your employer knew the breaks of a forklift were faulty and this caused you to crash into a shelf. However, you were not wearing a seatbelt, and this caused you to sustain worse injuries than you would have otherwise.
In both of these cases, your compensation will be altered to reflect your portion of responsibility. For example, if you are found to be 25% at fault, then 25% of your compensation will be deducted.
Contact our team of advisors today to learn more about making a forklift accident claim if you were partially responsible.
What Evidence Can Help In A Forklift Accident Claim?
As we’ve already mentioned, it’s your responsibility to prove that negligence occurred. This means that you need to collect evidence. You don’t have to take this step alone; if you choose to make your claim with a work injury solicitor, they can help you support your claim with the likes of:
- Photographs of your injuries to show their severity.
- Photographs of the accident site to show how to accident happened.
- CCTV footage of the accident, if your workplace has a CCTV system.
- Statements from witnesses, like coworkers.
- Accident book logs.
- Medical records that show how severe your injuries are.
- Bank statements, wage slips, and invoices that show any financial losses caused by your injuries.
Keep reading for more information on forklift accident compensation, or get in touch to find out how an expert solicitor from our panel could help you prove your claim.
How Long Do I Have To Make A Forklift Accident Compensation Claim?
Usually, you’ll have three years to start a forklift accident compensation claim. You don’t need to conclude your claim in this time; you only need to start proceedings.
This time limit is set out by the Limitation Act 1980, which also sets out the exceptions to the rule.
For example, if you’re claiming on behalf of someone under the age of 18, the time limit doesn’t apply. You can make a claim as their litigation friend up until their 18th birthday. If no claim is made, they can claim for themselves within three years of turning 18.
The same applies to those who don’t have the mental capacity to claim for themselves. As a litigation friend, you can claim on their behalf at any time, and the time limit only comes into play if no claim is made and they regain the capacity they need.
If you’d like to find out whether or not you are within the time limit to make a forklift accident claim, get in touch with our friendly team today.
How Much Compensation For A Forklift Truck Accident?
You might be wondering how much forklift accident compensation you could receive if you make a successful accident at work. We can’t offer an exact estimate or an average amount because what you could receive depends on a lot of factors, like the severity of your injuries and whether or not your employer accepts liability.
However, we can tell you what your compensation could be made up of. All personal injury claims are made up of two potential headings, with the first being general damages.
Under this heading, you can claim compensation for the injuries caused by the forklift accident. This head of claim is valued with help from the Judicial College Guidelines (JCG) which is a document that provides professionals with guideline compensation amounts for different injuries.
Below, we’ve included a table that shows some examples of these guidelines in terms of injuries that could be caused by a forklift accident. Please be aware that the first entry in this table isn’t from the JCG, and these amounts are not fixed.
| Injury | Compensation |
|---|---|
| Multiple Severe Injuries And Special Damages | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderately Severe Brain Damage | £267,340 to £344,150 |
| Severe (ii) Neck Injuries | £80,240 to £159,770 |
| Severe (iii) Neck Injuries | £55,500 to £68,330 |
| Severe (iii) Back Injuries | £47,320 to £85,100 |
| Moderate (i) Back Injuries | £33,880 to £47,320 |
| Chest Injuries (c) | £38,210 to £66,920 |
| Chest Injuries (d) | £15,370 to £21,920 |
| Simple Fractures of the Forearm | £8,060 to £23,430 |
Can I Claim For Loss of Earnings In An Accident At Work Claim?
Yes, if you lost out on earnings because of your injuries, you could potentially claim these back under the second head of claim: special damages. This heading helps you claim back financial losses that were caused by your injuries, like lost earnings, and the cost of:
- Prescriptions.
- Prosthetics and mobility aids.
- Private medical treatment.
- Counselling and therapy.
- Rehabilitation.
- Travel.
- Home adjustments.
- Childcare.
There are many more losses that could potentially be covered by special damages; get in touch with our team to learn more, or read on to find out how a No Win No Fee solicitor from our panel could help you make a forklift accident claim.
How Can A No Win No Fee Solicitor Help Me Claim Forklift Accident Compensation?
So, why make a forklift accident compensation claim with the help of a specialist solicitor? Our panel of personal injury solicitors have years of experience and education that informs how they tackle claims for forklift accidents, potentially making it feel less stressful and less complex.
Our panel also work on a No Win No Fee basis, offering their services under a Conditional Fee Agreement (CFA). Under this type of contract, you can access their services without paying a fee upfront or as the claim is ongoing. In fact, if the claim fails, you won’t pay for their work at all.
If the claim is successful, then your solicitor is due a success fee. This fee, which they take as a small percentage of your compensation, is capped by law. This means that you get to keep the most of what you receive.
Contact Us
Our team of advisors are ready to help. When you get in touch, they can offer you a free, no-strings-attached consultation. During this, they can answer your questions, offer guidance, and potentially connect you with a forklift accident claim solicitor from our panel. To get started:
- Call us on 0800 408 7827
- Use the live chat feature
- Contact us online
More Information About Accident At Work Claims
For more information on making a personal injury claim:
- Find out how to claim if you were hit by a falling object at work.
- Learn how to make a manual handling injury claim.
- Get help claiming for a hand injury at work.
Or, for more helpful resources:
- Get help and guidance from the Health and Safety Executive (HSE).
- Learn about forklift safety from the HSE.
- Find out how to request CCTV footage of yourself from Gov.UK.
Thank you for reading our guide on how to make a forklift accident claim. Contact our team today to see whether you may have a valid claim.