Forklift Accident At Work – How To Make A Claim

This guide will provide information on how to claim compensation after being in a forklift accident at work caused by negligence. Accidents with machinery can result in serious and life-changing injuries. 

Forklift truck accident

Forklift truck accident claim guide

To make a personal injury claim, your injury must result from someone else’s negligence. Negligence is the breach of a duty of care. Therefore, in the workplace, you need to be able to prove that it is your employer’s negligence that led to the injury.    

This guide will explain what evidence could help your claim and how much forklift accident compensation you could receive. Also, if you’d like to know more about No Win No Fee arrangements, there will be a section describing this type of agreement and how it could benefit you. 

Please contact our team of advisors for further information on how to claim for a forklift accident at work. They are available 24/7, and there is no obligation to proceed further with our panel of solicitors. Simply:

Select A Section:

  1. What Is A Forklift Accident At Work?
  2. Outlining The Criteria For Workplace Accident Claims
  3. What Scenarios Could Lead To A Forklift Accident At Work?
  4. A Breakdown Of The Evidence For Work Injury Claims
  5. How Much Compensation Could I Get For My Workplace Injury Case?
  6. Using A No Win No Fee Lawyer For A Forklift Accident At Work Claim

What Is A Forklift Accident At Work?

Working with forklifts poses a health and safety risk. They are machines used to move heavy goods and need to be operated by someone. A forklift accident at work occurs when employer negligence causes you to be injured by these machines. 

Your employer has a responsibility to ensure that you’re safe in the workplace. This is called their duty of care. They don’t need to remove all hazards to health, however, they’re expected to take all reasonably practicable steps to ensure your safety in the workplace. This is a legal requirement as set out in the Health and Safety at Work etc. Act 1974.

If you have been injured at work due to your employer’s negligence, you could be entitled to make a forklift accident at work claim. Please get in touch with our team of advisors for more information. 

Outlining The Criteria For Workplace Accident Claims

Successful workplace accident claims must meet three criteria. Firstly you must have been owed a duty of care. Secondly, your employer must have breached the duty of care that they owed. And thirdly, this breach resulted in you getting injured.

However, it is important to note that there are other criteria that can affect whether you’re able to make a claim. For example, there are time limits set out in the Limitation Act 1980 that outline how long you have to start a forklift accident at work claim.

It states that you have three years, which can run from the date of the accident or from the date you learned negligence caused your injury. There are a few exceptions to these rules, however.

For example, if you are under eighteen, the three-year period for you to claim yourself starts on your eighteenth birthday, provided one hasn’t already been made for you; this is because minors cannot represent themselves in legal proceedings. Alternatively, you could choose to be represented by a litigation friend. This is an adult who conducts proceedings on your behalf. 

Do you want to know more about the criteria that apply to claiming for a forklift injury? Please contact us today. 

What Scenarios Could Lead To A Forklift Accident At Work?

There are a number of different ways that a forklift accident could happen in the workplace, resulting in an injury. For example:

  • Your employer fails to train the person driving the forklift. As a result, they lose control and collide with you, resulting in a head injury.
  • The forklift did not have the appropriate checks made according to the manufacturer’s schedule. Because of this, it was not spotted that the breaks were faulty. As a result you crash into a shelving unit in the workplace, causing a shoulder dislocation and concussion.
  • A grease spill was left on the floor of a warehouse and was not cleaned up within a reasonable time. Because of this, the vehicle skids on the spill and overturns. You sustain a wrist injury and a life-changing injury that leads to your leg being amputated.

If you have been injured by a moving object at work such as a workplace vehicle due to your employer’s negligence, contact our advisors for more advice. 

Locations For Workplace Forklift Accidents

Not all industries or job roles require employees to operate forklifts. However, a few examples of industries and environments where you may have to use them are:

A Breakdown Of The Evidence For Work Injury Claims

Evidence is an important factor in proving a personal injury claim. The list below provides useful advice on what you can collect:

  • Medical records – These will detail the injury and any treatment required. You should always seek medical attention after an accident happens, even if you don’t think your injuries are particularly severe at the outset. 
  • Work accident book – workplaces with more than ten employees should have one of these to be filled out after the accident. If you can’t fill it out, a colleague can do this for you. 
  • Photographic evidence – Take photos of the scene as well as of your injuries as they heal.
  • Witness contact details – A  witness may be able to corroborate your story. While you can’t collect a statement, a legal professional can do this at some point in the claims process. 

If you want to know more about what evidence you can collect, don’t hesitate to contact our team of advisors. They’ll be happy to offer you free legal advice. 

Statistics For Forklift Accidents

Employer’s reported the below workplace accident statistics under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). According to the Health and Safety Executive (HSE), in the year 2020/21:

  • There were 51,211 non-fatal injuries to employees. 
  • In the manufacturing industry, there were 1,063 non-fatal injuries caused by contact with moving machinery and 1,214 struck by moving/falling objects. 
  • In the construction industry, there were 186 non-fatal injuries caused by contact with moving machinery and 408 struck by moving/falling objects. 

How Much Compensation Could I Get For My Workplace Injury Case?

General and special damages are the two potential heads of compensation you could receive. General damages compensate for the physical and mental injury caused by an accident. Moreover, the amount awarded takes different factors into account, for example, how long recovery will take. 

We will refer to the Judicial College Guidelines (JCG), produced in April 2022, which legal professionals use as a guide to value general damage settlements. We have used these to provide a table of guideline brackets that you can see below. 

Injury DetailsAmount of Compensation
Very Severe Head Injury Resulting from Brain DamageInjury may result in the need of full-time care due to severe disabilities. There may be limited to no language function and physical limitations. £282,010 to £403,990
Less Severe Head Injury Resulting from Brain DamageThere will be a significant recovery, enabling a return to work and social engagements. Some problems may persist such memory issues. £15,320 to £43,060
Minor Head Injury Minimal brain damage if any is present at all. £2,210 to £12,770
Amputation of One Arm (ii)Arm amputated above the elbow. £109,650 to £130,930
Arm Injury (b) Severe fractures resulting in permanent disability.£39,170 to £59,860
Arm Injury (d)Forearm fractures that are not complicated.£6,610 to £19,200
Hand Injury (b)Both hands seriously damaged by the injury, resulting in permanent disability and some loss of function.£55,820 to £84,570
Moderate Foot InjuryFractures which lead to permanent deformity and symptoms.£13,740 to £24,990
Moderate Hand InjuryPermanent symptoms will remain of varying severity. Causes such as crush injuries and lacerations.£5,720 to £13,280
Wrist Injury (d)An almost full recovery will take longer than twelve months from injuries such as fractures. £6,080 to £10,350

Detailing Special Damages For Work Accident Claims

Special damages compensate you for financial losses, past and future, resulting from your injury. For example, if you have pay for petrol and parking to get to and from the hospital to attend medical appointments, you can claim back the money spent on this. Furthemore, if your injuries mean that you are unable to work, then you could receive compesation for the loss of earnings you were caused. 

You must keep evidence of these cost. Keeping receipts and cost evidence is important when claiming special damages. Without them, you might not receive the full amount you’re entitled to. 

How To Add A Care Claim

You may need different forms of care after an injury, such as medical care, domestic care, and child care. If these became something you needed due to your injuries caused by a forklift accident at work, you might be able to make a compensation claim for them as special damages.

For more guidance on what your claim can include, speak with one of our advisors today.

Using A No Win No Fee Lawyer For A Forklift Accident At Work Claim

It can benefit you to use a No Win No Fee agreement, also known as a Conditional Fee Agreement, if you’re looking to fund legal representation for your claim. This is because you don’t have to pay upfront or ongoing fees for your solicitor’s services. Being required to do this without any guarantee that you will be awarded compensation can pose a financial risk. 

Moreover, if your claim is unsuccessful, you don’t have to pay for your solicitor’s services. A successful claim will mean your solicitor takes a small percentage of your compensation to pay for their fees. This is a legally limited ‘success fee’.

Using a No Win No Fee Lawyer for your forklift accident at work claim can give you the confidence to pursue your claim with legal representation without worrying about paying large solicitor’s fees upfront.  To find out more, just get in touch. 

Call Us To Make A Forklift Accident At Work Claim

Please contact us to discuss making a claim for a forklift accident at work. Our advisors may be able to provide you with an experienced workplace accident solicitor from our panel to begin working on your claim. You can:

Learn More About Claiming Compensation For A Forklift Accident At Work

Useful links for you to look at:

External links to expand your knowledge:

We hope you have found this guide useful to start your claim for a forklift accident at work. If you have any more questions, please get in touch. 

Writer Jess Oakland 

Publisher Fern Stringer