Could I Make A Personal Injury Claim After A Forklift Accident At Work?

If you’ve suffered an injury after a forklift accident at work that was caused by your employer’s negligence, you may be eligible to make a claim for compensation. Throughout this guide, you can find out how to support your personal injury claim with relevant evidence. 

Additionally, you can learn about the benefits of choosing a No Win No Fee solicitor to represent your case.

For instance, if you choose to hire a solicitor on this basis, you won’t need to pay an upfront cost for them to start working on your claim.

Our team of expert advisors can help you start your claim today. Get in touch by:

  • Calling the number at the top of the screen
  • Starting your claim online
  • Using the live chat feature below to speak with an advisor
forklift truck accident at work

Forklift accident at work

Select A Section:

  1. Learning About Forklift Accident At Work Claims
  2. Is It Common To See A Forklift Accident?
  3. Ways To Support And Strengthen Your Claim
  4. How Do I Determine Compensation For My Forklift Accident At Work Claim?
  5. What Are No Win No Fee Forklift Accident Cases?
  6. More Information About Forklift Accident At Work Claims

Learning About Forklift Accident At Work Claims

In accordance with the Health and Safety at Work etc. Act 1974 (HASAWA), every employer has a duty of care to their employees to ensure a reasonably safe workplace. If they breach this duty of care and you sustain an injury as a result, they may be found responsible.

Your employer is required to provide you with adequate training that covers how to correctly use the equipment, the risks involved and what precautions you can take.

This is specified in the Provision and Use of Work Equipment Regulations 1988 (PUWER). If your employer does not provide you or your colleagues with appropriate training before asking you to use lifting vehicles such as forklifts, you could be at risk of being injured or injuring someone else.

For more information on making a claim following a forklift accident at work, contact our team today.

Forklift Accident Statistics

According to statistics published by the Health and Safety Executive (HSE), 51,211 employees suffered a non-fatal injury in the workplace in 2020/2021.

Of this number,1,079 workers were struck by moving vehicles, and 716 of these injuries required over seven days of absence from work. 

These figures are based on reports made by employers under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

Is It Common To See A Forklift Accident?

According to HSE, accidents involving lift trucks account for around a quarter of all workplace transport accidents on average.

Like all vehicles, forklifts can be dangerous to work around if the appropriate training is not given. To demonstrate, we have compiled a list of examples of how forklift accidents in the workplace could occur as a result of employer negligence.

  • Lack of training: All lift-truck operators must have adequate training. If your employer does not provide this training, and you are struck by a forklift operated by an untrained driver, you may be able to claim for any injuries you sustain.
  • Unclear separation of vehicles and pedestrians: Wherever possible, pedestrian footpaths and vehicle operating routes should be kept separate. Also, if a vehicle at work is used indoors, there should be signs and marking on the floor that are clear to both drivers and pedestrians. Where they can’t be kept separate, risk assessments should be carried out to ensure the area is as safe as possible. If these steps are not followed, pedestrians could be at risk of being struck by a moving forklift.

Contact our team today to find out if you could claim for your injuries following a forklift accident at work.

Ways To Strengthen And Support Your Claim

When you begin your forklift accident at work claim, you will need to provide proof that your injuries came about as a result of employer negligence.

If you choose to hire a solicitor to handle your claim, they can help you gather this evidence. But you are not obligated to pursue legal counsel, and you can gather evidence to support your claim by yourself.

Below are some examples of what evidence is needed for a personal injury claim.

  • Medical records: Seeking medical attention after your accident ensures that you get the treatment you need, but it can also help your claim. Any records or notes made by a medical professional can help strengthen your case. You may also be invited to an independent medical assessment later on in your claim.
  • CCTV footage: If your workplace is equipped with CCTV, you could ask for footage of your accident or the circumstances leading up to it. This can then be used as evidence for your claim.
  • Accident book logs: If your place of work has more than ten employees, there must be a workplace accident log book. When the accident book is filled in, it creates a record of what happened. 

Contact our team today to get free legal advice, and find out if our panel of No Win No Fee lawyers can help you. An advisor could also advise you further on the personal injury claims process.

How Do I Determine Compensation For My Forklift Accident At Work Claim?

Many people wonder how much they could potentially be awarded when they start the claims process and often turn to personal injury claims calculators. However, these calculators can be inaccurate due to the way compensation amounts are actually determined.

The first head of claim is known as general damages, and this covers the pain and suffering caused by your injuries.

General damages amounts are worked out on a case-by-case basis, often with the help of a document called the Judicial College Guidelines (JCG). This document contains a list of different injuries with corresponding compensation brackets.

The table below uses compensation brackets from the JCG. Please only use these figures as a guide because the settlement you receive for your forklift accident at work claim will differ. 

Injury TypeCompensation BracketNotes
Minor Brain or Head Injury£2,070 to £11,980Brain damage will be minimal if any, with consideration given to several factors such as severity, recovery time and continuing symptoms.
Total Loss of One Eye£51,460 to £61,690Consideration given to psychiatric effect, age, and cosmetic effect.
Damage to chest and lung(s) (c)£29,380 to £51,460The injury may cause a continuing disability.
Severe neck injuries (iii) £42,680 to £52,540Injuries might include dislocations or fractures to the neck. The award may depend on several factors such as the treatment required.
Minor back injuries (ii)£2,300 to £7,410The person may make a full recovery without surgery within two years.
Forearm fracture£6,190 to £18,020The fracture to the forearm will be uncomplicated.
Wrist injuries (a)£44,690 to £56,180Injuries might result in a complete loss of function.
Severe Leg Injuries (i)£90,320 to £127,530Injuries falling just short of amputation, for example extensive degloving.
Moderate Knee Injuries (i)£13,920 to £24,580Injuries might include dislocation, torn cartilage or meniscus with wasting, instability, or weakness.
Foot injuries (b)£78,800 to £102,890Where one foot is amputated.

Your settlement might also include the second head of claim called special damages. Special damages cover any past or future financial losses you might have incurred due to your injuries.

For example, if you had to have a stairlift fitted in your home, you could claim back the costs of any home adaptations. You must provide proof of these losses, so it’s a good idea to save any relevant bills, receipts, or invoices.

If you have any additional questions about how compensation is calculated, call our team. They can provide a free valuation of your injuries and help you understand more about the additional costs your could claim under special damages. 

What Are No Win No Fee Forklift Accident Cases?

You do not need legal representation to make a personal injury claim. However, the guidance of a solicitor could be beneficial. 

Our panel of personal injury solicitors could take your claim on a No Win No Fee basis. As part of the agreement, you don’t have to pay any upfront or ongoing fees to your solicitor.

If your claim is successful, your solicitor will deduct a percentage from your compensation award. This percentage, also known as a success fee, is capped by law.

However, if your claim fails, you will not have to pay the success fee to your solicitor.

To find out if our panel of No Win No Fee solicitors could take on your forklift accident at work case, get in touch with us today.

Make A Forklift Accident Claim Today

We hope this guide has helped. However, if you require further clarification on anything mentioned in this guide, our team of expert advisors could help.

They can provide you with free legal advice and answer any questions you may have about making a forklift accident at work claim.

For more information claiming after you’ve been injured by a moving object at work, contact us today by:

  • Calling the number at the top of the screen
  • Starting your claim online
  • Using the live chat feature below

More Information About Forklift Accident At Work Claims

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We hope this guide on making a claim following a forklift accident at work has helped. However, if you have any other questions, call our team on the number above.