By Jo Anderson. Last Updated 21st October 2024. In this guide, we will discuss whether personal injury claims could be made for pallet truck accidents at work. Employers owe their employees a duty of care to protect their health and safety in the workplace. If they were to breach this duty, and as a result, an employee sustained an injury, this would be negligence. In this case, you may be eligible to claim personal injury compensation.
Throughout this guide, we will discuss how a pallet truck accident could happen, what negative impacts this could have and when your employer may be liable. Additionally, we will look at potential compensation amounts for a successful accident at work claim. Finally, we will also explore the services that a personal injury solicitor can provide, which could benefit you and your claim. Continue reading this guide to learn more.
You can also speak with an advisor from our team for free and confidential legal advice. As they are available 24/7, you can get in touch at a time that best suits you. To learn whether you could have valid grounds to make a claim, please:
- Call us on 0800 073 8801
- Use the live chat feature on this page
- Contact us by filling in our online form
Select A Section
- What Are Pallet Truck Accidents?
- Workplace Safety Legislation
- What Could You Claim For Pallet Truck Accidents?
- Why Choose Us For Your Accident Claim?
What Are Pallet Truck Accidents?
A pallet truck is a wheeled device used to lift and transport pallets. They feature a forked jack for the pallet to sit on, and a pump for lifting and then moving the load. Mechanical aids such as this can help to reduce the risk of manual handling injuries in the workplace.
The Health and Safety at Work etc Act 1974 requires employers to take reasonable steps to ensure the safety of their employees. If those employees are not trained in the proper use of the equipment, or maintenance work is ignored, then accidents can occur.
In order to begin a pallet truck accident claim, you will need to show the following:
- Your employer owed you a duty of care.
- They breached this duty by failing to take reasonable steps to ensure your safety.
- This breach resulted in an accident in which you were injured.
Britain’s national regulator for health and safety, the Health and Safety Executive, has released guidance on using lifting and handling aids to help employers meet their legal obligations and avoid pallet truck accidents. If your employer did not comply with their legal obligations and you suffered injuries as a result, you could claim compensation.
What Is The Time Limit For Pallet Truck Accident Claims?
If you are eligible to make a personal injury claim following a pallet truck accident, you will need to ensure that your case is filed within the correct time limit. Under the Limitation Act 1980, you will generally have 3 years to start your claim from the date of the accident.
However, there are certain exceptions that are applicable to this limitation period. For example, the time limit is frozen for those under the age of 18. From their 18th birthday, they will have 3 years to start a claim. Alternatively, a court-appointed litigation friend could make a claim on their behalf prior to this date.
Furthermore, the time limit is frozen indefinitely for those who lack the mental capacity to make their own claim. A litigation friend could act on their behalf during this period. If they were to regain this mental capacity and a claim has not already been made for them, they will have 3 years to start one from the date of recovery.
For more information regarding the time limit for pallet truck accident claims, you can contact our friendly advisors.
Workplace Safety Legislation
When discussing pallet truck accidents at work, HASAWA is the overarching legislation outlining an employer’s duty of care. However, this is expanded by The Provision and Use of Work Equipment Regulations 1998 (PUWER). This legislation states that employers must ensure that all work equipment is suitable for its intended purpose.
Please speak to our team of advisors if you would like insight into whether your employer could be liable for your workplace injuries.
What Could You Claim For Pallet Truck Accidents?
The compensation awarded for successful personal injury claims following pallet truck accidents may be made up of two potential heads: general and special damages.
Firstly, you could receive an award under general damages. This head of claim accounts for the physical and psychological pain and suffering caused by your injuries. We have compiled a table of potential compensation amounts using figures from the Judicial College Guidelines (JCG), updated in April 2022. Legal professionals can also refer to this document when valuing a settlement.
Compensation Table
Because each personal injury claim is unique, the settlement awarded will differ. Therefore, these figures are a guide.
| Injury | Severity | Compensation Guideline | Details |
|---|---|---|---|
| Multiple Injuries and Special Damages | Very Serious | Up to £500,000 or more | Settlements could consist of compensation for multiple very severe injuries and related expenses, such as loss of earnings. |
| Brain Damage | Moderately Severe (b) | £267,340 to £344,150 | The injured party will be very seriously disabled and will substantially depend on others. Therefore, creating the need for constant care. |
| Back Injury | Severe (a)(i) | £111,150 to £196,450 | The most severe of injuries will fall within this bracket and will involve damage to the spinal cord and nerve roots that cause a combination of very serious consequences not often found in back injury cases. |
| Leg Injury | Amputation (a)(iv) | £119,570 to £162,290 | Loss of one leg below the knee. |
| Leg Injury | Severe (b)(ii) | £66,920 to £109,290 | A very serious injury that will mean the person requires mobility aids for the remainder of their life, as they will have permanent mobility problems. |
| Arm Injury | Severe (a) | £117,360 to £159,770 | Extremely serious injuries that fall short of amputation but leave the person little better off than if the arm was lost. |
| Foot Injury | Amputation (b) | £102,470 to £133,810 | The amputation of one foot which includes the loss of the ankle joint. |
| Wrist Injury | Significant and Permanent Disability (a) | £47,620 to £59,860 | An injury that leads to a complete loss of wrist function. |
| Elbow Injury | Less severe (b) | £19,100 to £39,070 | An injury that does not require major surgery or cause significant disability but does result in impairment of function. |
| Shoulder Injury | Moderate (c) | £9,630 to £15,580 | A frozen shoulder that limits movement and causes discomfort. Symptoms will persist for about two years. Also, soft tissue injuries that cause more than minimal symptoms which continue after two years but will not be permanent. |
Special Damages
Under the special damages head of claim, you could also receive reimbursement for the financial harm you have suffered due to your injuries.
This could include:
- Travel costs
- Loss of earnings
- Care costs
- Medical expenses
- Housing adaptations
To strengthen a claim under special damages, you should gather evidence to prove financial loss. This may involve bank records, payslips or receipts.
Why Choose Us For Your Accident Claim?
Using a solicitor and entering into a No Win No Fee agreement could benefit your claim and yourself. A solicitor can help you to compile evidence and put forward a complete claim.
What’s more, under a Conditional Fee Agreement (CFA), you won’t make any payments for your solicitor’s services if the claim fails.
Although, if your case is successful, a No Win No Fee solicitor will receive a small percentage of the compensation, which is legally capped. This amount is known as a success fee.
As previously stated, our advisors can offer you free legal advice 24/7. If they find that you could be eligible to make a personal injury claim, they may connect you with one of our solicitors.
To get in touch:
- Call us on 0800 073 8801
- Use the live chat feature on this page
- Contact us by filling in our online form
Learn More About Pallet Truck Accident Claims
Below we have provided more of our own guides for further advice and guidance:
- Could I Make A Claim If I Hurt Myself At Work?
- Unsafe Working Practices Caused My Accident – Could I Make A Compensation Claim?
- Advice on non fault accident compensation claims. Learn more about claiming for a non-fault car accident with our guide.
Moreover, we have included external reading for more information:
- NHS – How do I know if I’ve broken a bone?
- HSE – Providing and using work equipment safely
- GOV.UK – Statutory Sick Pay (SSP)
Thank you for reading this guide. If you still have any questions about claims relating to pallet truck accidents, please get in touch with an advisor from our team.
