Forklift trucks present a number of hazards that, if not properly managed, can lead to serious injuries. Heavy loads and moving parts can all contribute to the risk of injury. That’s why we’ve made this guide to forklift accident claims.
We examine key aspects of the claims process including the eligibility criteria for an accident at work claim, an employer’s legal responsibility regarding the use of forklifts, and how accidents involving work vehicles can take place.
Key Takeaways In Forklift Accident Claims
- Employers are legally required to keep their employees safe.
- Forklifts are heavy machinery and, therefore present risks to health if used improperly
- Health and Safety regulations state that all employees using work equipment should be properly trained.
- Our solicitors work on a strictly No Win No Fee basis and can support you throughout the claims process.
To find out if you’re eligible to claim, or to ask any questions, contact our team using any of the details given here:
- Call on 0800 073 8801.
- You can start a claim online by completing our callback form.
- Or, you can open the live chat on your screen now.
Browse Our Guide
- Am I Eligible To Make Forklift Accident Claims?
- Can I Still Claim If I Was Partially At Fault For The Accident?
- What Are My Employer’s Responsibilities To Prevent Forklift Accidents?
- How Can A Forklift Accident Happen?
- Compensation For Forklift Accidents At Work
- Can Accident Claims Help Me Secure Accident At Work Compensation?
- Get More Information
Am I Eligible To Make Forklift Accident Claims?
Forklift trucks are industrial vehicles with a twin pronged lifting arm used to move heavy loads. The common type, a counterbalance truck, uses a weight to keep the forklift stable when lifting. As with any scenario where heavy loads and machinery are in use, there is a risk of injury.
Employers are required under the Health and Safety at Work Etc Act 1974 to take reasonable steps to ensure employee safety. This is a legal duty of care, meaning employers are bound by law to protect their workforce as far as they reasonably can.
According to the Health and Safety Executive, when it comes to workplace transport, this means ensuring everyone using the vehicles has had the correct training and that maintenance work is regularly carried out. The Health and Safety Executive, Britain’s national health and safety regulator, has published extensively on this topic.
The eligibility requirements in forklift accident claims are as follows:
- You were owed a duty of care by your employer.
- This duty was breached in some way.
- This resulted in an accident in which you were injured.
You can talk to our advisors for a free consultation regarding your eligibility by calling the number above today.
Can I Still Claim If I Was Partially At Fault For The Accident?
Yes you can. A split liability claim can be made in cases where multiple parties are responsible for the accident. For example, if an employer failed to maintain the trucks but you were operating the forklift in a dangerous manner, both parties could be deemed to be responsible.
Compensation in split liability claims is reduced by the percentage you were deemed to be responsible.
Contributory Negligence
Contributory negligence is similar to split liability but where the injured person is said to have contributed to their injury. So, if another forklift user collided into your truck and you weren’t wearing the seatbelt, you could be said to have contributed to your injuries.
Find out more by talking to our team today.
What Are My Employer’s Responsibilities To Prevent Forklift Accidents?
The Provision and Use of Work Equipment Regulations 1998 stipulate that all work equipment must undergo regular inspection and maintenance work carried out.
We have outlined a few steps employers could take to ensure safety here:
- Carry out full risks assessments for the forklift trucks.
- Conduct regular rounds of inspections and maintenance, repairing or replacing any broken or defective machinery.
- Ensuring forklift operators, maintenance workers and shift supervisors have the right training to use the vehicles safely.
- Designing a work environment that is suitable for the vehicles size and warning signs are clearly placed in operation areas.
Do I Need A Licence To Drive A Forklift?
There is no specific licence that is required in order to operate a forklift truck. However, any operators are required to undergo adequate training in the safe use of the trucks, as per PUWER. Training requirements are also imposed by the Management of Health and Safety at Work Regulations 1999.
By failing to provide training, an employer could be in breach of the law as well as increase the risk of an accident occurring. You can inquire further about when you could claim against an employer by speaking to our advisory team.
How Can A Forklift Accident Happen?
Having looked at the regulations employers need to follow to ensure safe forklift operations, this section provides examples of how failures to comply with those regulations can result in accidents.
Potential scenarios where a compensation claim could be made can include:
- Staff at a lumber yard were not provided adequate training before being instructed to use the forklifts. The driver consequently failed to stop the vehicle and ran you over. You broke multiple bones, leading to chronic back pain and paralysis.
- Your employer had not carried out the latest round of maintenance inspections on the company forklifts. The lifting arm collapsed mid-operation, and a heavy object fell on you, crushing your arm and causing a severe radial fracture as well as other injuries.
- Hard hats had not been provided to the forklift workers. Due to the inadequate personal protective equipment, you suffered a serious head injury when the lifting arm hit you on the head.
This list is by no means exhaustive. To find out more about when you could make a forklift accident compensation claim, talk to our team for a free eligibility assessment today.
Compensation For Forklift Accidents At Work
Compensation in successful forklift accident claims can be awarded under two different heads of loss:
- The physical and psychological harm caused is compensated under general damages.
- Financial losses caused by that harm may be reimbursed under special damages. More on this head of loss later.
If our advisory team deem your potential claim as valid, then one of our solicitors could help determine a potential compensation figure during the claims process. Those assigned this task can refer to your medical alongside the guidelines from the the Judicial College.
Referred to as the JCG, this detailed publication sets out the guideline award brackets for various types of injury. We have included a relevant selection of these brackets in our table here.
Compensation Table
Please be advised that this information has been included for guidance only. The top entry in the table was not taken from the JCG.
| Type of Injury | Severity | Guideline Compensation Figure | Notes |
|---|---|---|---|
| Multiple Very Severe Injuries with Additional Special Damages | Very Severe | Up to £1,000,000 and above | Multiple very severe injuries together with financial losses such as lost income, medical bills and care costs. |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 | Very little response to the environment or language function requiring permanent nursing care. |
| Moderately Severe (b) | £267,340 to £344,150 | Very serious disability with a substantila dependence on others. Disabilities can be both physical and cognitive | |
| Chest Injuries | Total Removal of One Lung/Serious Heart Damage (a) | £122,850 to £183,190 | The removal of one lung and/or serious heart damage causing significant permanent scarring and prolonged pain and suffering |
| Traumatic Injury (b) | £80,240 to £122,850 | Traumatic injury to the chest causing functional impairment, permanent damage and reduction in life expectancy. | |
| Other Arm Injuries | Severe Injuries (b)(i) | £117,360 to £159,770 | Injuries not involving amputation but leaving the injured person little better of than if the arm had been lost. |
| Permanent and Substantial Disablement (b)(ii) | £47,810 to £73,050 | Serious permanent residual disability. | |
| Digestive System | Traumatic Injury (a)(ii) | £20,490 to £33,880 | Serious non-penetrating causing long term or permanent complications. |
| Scarring To Other Parts Of The Body | A Number of Noticeable Laceration Scars or One Single Disfiguring Scar | £9,560 to £27,740 | This bracket is for noticeable laceration scars to the legs, arms, chest or back. This could be for a number of scars or a single disfiguring scar. |
| No Significant Internal Injury | In the region of £10,550 | Cases where a laparotomy has been performed but no significant injury was found. |
What About The Financial Impacts?
Special damages are the second head of loss that compensation in successful forklift accident claims can be awarded under. The financial harm stemming from your injuries could be reimbursed as special damages.
Examples can include:
- Lost earnings due to being off work.
- Medical expenses such as prescriptions, counselling sessions or private treatment.
- Care needs including looking after dependents or assistance with cleaning, cooking and other domestic tasks if you can no longer do these safely on your own.
- Home adaptations such as a stairlift, floor ramps or an accessible shower in cases where mobility has been reduced.
It is important you are able to provide evidence of any losses you are claiming for. Make sure you retain copies of your payslips, receipts, invoices and other documents that show what losses you incurred.
This section is intended to provide guidance only. To find out what you could claim in your particular circumstances, contact our advisors for a free eligibility assessment today.
Can Accident Claims Help Me Secure Accident At Work Compensation?
Our solicitors can take on forklift accident claims on a strictly No Win No Fee basis with a type of contract called a Conditional Fee Agreement. Talk to our team for a free eligibility assessment today.
If eligible, you could enjoy benefits such as:
- Not paying any fees to the solicitor to begin work on your claim.
- You will also not be met with a fee for this work during the claims process itself.
- Lastly, if the claim is unsuccessful, you will not have to pay for the work the solicitor has done.
You will be awarded personal injury compensation if the claim is decided in your favour. A success fee will be taken from this compensation by the solicitor. The Conditional Fee Agreements Order 2013 caps success fees at 25% so you know from the very beginning that most of any payout will go to you.
Contact Us Today
To find out if you’re eligible to claim, or to ask any questions, contact our team using any of the details given here:
- Call on 0800 073 8801.
- You can start a claim online by completing our callback form.
- Or, you can open the live chat on your screen now.
Get More Information
You can view some of our other accident at work claims guides here:
- Read our guide to claiming compensation after you tripped on a raised carpet.
- Find out more about construction accident claims with this guide.
- Learn when you could be eligible to claim fo an injury caused by trailing leads at work.
We have also included some external resources that you may find useful:
- You can read the NHS guidance on back pain on their website.
- The Health and Safety Executive has published this guide to providing and using work equipment safely for employers.
- Read the government resource on Statutory Sick Pay here.
Thank you for taking the time to read our guide to forklift accident claims.
