This guide explores forklift accident claims. It will discuss the eligibility requirements for seeking personal injury compensation following a workplace accident as well as the steps you can take to gather evidence to support your potential case.
Forklift accident claims guide
Additionally, we will explore the duty of care your employer owes and the legislation that outlines the responsibilities they have as part of this duty. We will also look at the ways in which an accident involving a forklift truck could occur if this duty is not upheld.
Furthermore, we will discuss the compensation you could be awarded for your injuries if your claim succeeds and how it is often calculated.
You can also learn about the benefits of working with a No Win No Fee solicitor from our panel and the services they can offer you.
Please continue reading for more information. Alternatively, you can reach out to our advisors for free legal advice. To get in touch, you can:
- Call 0113 460 1216
- Fill out the ‘contact us’ form.
- Connect instantly with an advisor using the live chat feature below.
Browse Our Guide
- Forklift Accident Claims – When Are You Eligible To Seek Compensation?
- What Evidence Do You Need In Forklift Accident Claims?
- What Compensation Could You Receive From An Accident At Work Claim?
- Claim For A Workplace Injury Using Our Panel Of Accident At Work Solicitors
- Learn More About Forklift Accident Claims
Forklift Accident Claims – When Are You Eligible To Seek Compensation?
To make a successful workplace accident claim, you must give evidence of the following:
- Your employer owed you a duty of care.
- The duty of care was breached.
- You suffered injuries as a result. This is known as negligence.
Employers owe their employees a duty of care as per the Health and Safety at Work etc. Act 1974. This means, to prevent employees from experiencing harm at work, they must take steps that are both reasonable and practicable.
For example, they should provide adequate training to ensure staff are able to carry out their work-related duties safely. They should also carry out regular maintenance on workplace equipment and address any risks they become aware of.
A failure to do so could lead to an employee becoming injured in a forklift accident at work.
How Could A Forklift Accident At Work Happen?
A forklift accident at work could occur in various ways. For example:
- You aren’t trained on how to use a forklift truck before having to operate it. As a result, you are involved in a collision that results in a serious head injury. Additionally, another employee is struck by a moving object.
- Maintenance issues aren’t addressed by your employer. Due to this, you operate a faulty piece of machinery causing you to experience a back injury, neck injury and leg injury.
To discuss forklift accident claims and whether you’re eligible to seek compensation, please get in touch using the number above.
What Evidence Do You Need In Forklift Accident Claims?
You may be wondering what evidence is needed for a personal injury claim. There are several pieces of evidence that you could gather to support your potential claim, such as:
- Medical records, such as copies of X-rays, doctor reports, and prescriptions.
- CCTV footage of the accident.
- A copy of the incident report in the accident at work book.
- Contact details of any witnesses.
If you are unsure on the evidence you can collect to prove that negligence has occurred, you may benefit from working with a No Win No Fee solicitor from our panel.
They can help you through the different stages of the forklift accident claims process. Additionally, they can ensure you file your claim within the relevant time-frame.
Is There A Time Limit When Claiming For A Forklift Accident At Work?
The general time limit to start a personal injury claim is outlined in the Limitation Act 1980 as three years from the date of the injury.
However, there may be some exceptions. These could apply if the injured person is under the age of 18 or they lack the mental capacity to put forward their own claim.
To learn more about the time limit exceptions, please get in touch on the number above.
What Compensation Could You Receive From An Accident At Work Claim?
There are two potential heads of claim that could be included in your settlement. The first is general damages, which compensate for the pain and suffering of your physical and mental injuries. Consideration can also be given to the impact your injuries have had on your quality of life as well as the treatment you received and the recovery period.
Legal professionals can use the Judicial College Guidelines (JCG) to help them when calculating the general damages aspect of personal injury claims. This publication displays guideline compensation brackets for different types of injuries. We have included some of these in the table below. Please note that the figures are a guideline only.
| Injury | Guideline Compensation Amount | Notes |
|---|---|---|
| Severe Back Injury (a) (i) | £91,090 to £160,980 | Spinal cord and nerve root damage causing several consequences of a serious nature. This can include severe pain and disability alongside incomplete paralysis as well as impaired bowel, bladder and sexual function. |
| Severe Leg Injury (b) (ii) | £54,830 to £87,890 | Very serious injuries causing permanent issues with mobility. |
| Moderate Neck Injury (b) (i) | £24,990 to £38,490 | A spinal fusion may be required due to fractures and dislocations that cause immediate and severe symptoms. |
| Less Severe Arm Injury (c) | £19,200 to £39,170 | Significant disabilities have been caused. However, a recovery of a substantial nature has been made or is expected. |
| Very Severe Head Injury (a) | £282,010 to £403,990 | The person requires full-time care. |
The other head of claim is special damages which reimburses you for financial losses caused by your injuries. This could include:
- Lost income
- Cost of care
- Travel costs
You can provide evidence of these losses, such as receipts and payslips, in order to claim them back.
To find out more about compensation settlements for forklift accident claims, get in touch on the number above.
Claim For A Workplace Injury Using Our Panel Of Accident At Work Solicitors
Our panel of No Win No Fee solicitors can offer a Conditional Fee Agreement (CFA). This type of No Win No Fee contract generally means:
- You won’t pay for your solicitor’s services upfront or during the course of your claim.
- You won’t pay for the work they have completed on your claim if it does not succeed.
If your claim succeeds, you’ll pay a success fee from your compensation. This is subject to a legal cap ensuring you keep the majority of your compensation.
If you’re interested in learning more about working with a solicitor from our panel, connect with us today. You can also ask any other questions you have relating to forklift accident claims, such as whether you’re eligible to seek compensation and how much you could receive.
To get in touch, you can:
- Call 0113 460 1216
- Fill out the ‘contact us’ form.
- Connect instantly with an advisor using the live chat feature below.
Learn More About Forklift Accident Claims
Below, we have provided more of our guides relating to accident at work claims:
- Fatal accident claims guide
- Building site accident compensation claims guide
- What can I claim after an office accident that wasn’t my fault?
Additionally, you can use the following external resources to help you:
- GOV – How to request CCTV footage
- Health and Safety Executive – Employer Responsibilities
- NHS – How to know if you’ve broke a bone
We hope this guide on forklift accident claims has helped. However, if you have any other questions, please don’t hesitate to get in touch using the details provided above.
