When Could You Make A Workplace Forklift Accident Claim?
By Danielle Jordan. Last Updated 18th August 2023. In this article, we will explain when you may be eligible to bring forward a workplace forklift accident claim for personal injury compensation. All employers owe their employees a duty of care to protect their health and safety in the workplace. If they fail to uphold this duty, and you are injured as a result, this is negligence, for which you may be eligible to pursue compensation.
Throughout this guide, we will explore how a workplace accident could happen and the injuries that could be suffered. Furthermore, we will look at the eligibility requirements that your accident at work case must meet. For example, how long you have to start your claim. Also, we will explore the potential benefits of using a No Win No Fee solicitor.
You may also want to speak with an advisor from our team for free and confidential legal advice. They are available 24/7 to offer you a consultation with no obligation to further your claim with our solicitors.
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- Workplace Forklift Accident Claim Guide
- What Types Of Work Accidents Could Happen Involving A Forklift?
- How Can I Prove My Accident At Work Claim?
- How Much Compensation For A Workplace Forklift Accident Claim?
- Who Could Use A No Win No Fee Solicitor To Make A Workplace Forklift Accident Claim?
- Find Out More About Personal Injury Claims For Accidents At Work
To make a personal injury claim following a workplace forklift truck accident, your case must meet certain eligibility criteria. This is as follows:
- Your employer owed a duty of care to you at the time and place of the accident.
- They breach their duty of care.
- This breach then caused you to sustain injuries. These can be both physical and psychological injuries, or one without the other.
The Health and Safety at Work etc. Act 1974 (HASAWA) outlines employer duty of care. It states that employers must take all reasonably practicable steps to ensure the safety of their employees and prevent injury. This includes providing proper training and carrying out risk assessments.
This means that not every workplace injury will lead to an accident at work claim. If your employer does carry out all reasonably practicable measures to ensure your safety, and is therefore not liable for your injuries, you will be unable to claim.
Workplace Forklift Accident Claim Time Limits
You may wonder, “how long after an injury at work can I claim compensation?” If you sustain a personal injury at work, you typically have 3 years to start your claim, as set out by the Limitation Act 1980. This time limit may begin from:
- The date of the accident, or
- When you connected your injuries to employer negligence
There are some exceptions to this time limit. For example, if the person was below the age of 18 when the injury was sustained, the three year time limit will begin from the date of their eighteenth birthday. Also, exceptions apply when the person lacks the mental capacity to claim. Under these circumstances, they will have three years from the date of recovery. Alternatively, the courts could select a litigation friend to bring forward a claim on their behalf.
If you have any questions as to when you could bring forward a workplace forklift accident claim, please get in touch with our advisors.
A forklift injury at work could be sustained in different ways. Additionally, a variety of injuries could be suffered as a result.
Here are a few examples of how a forklift accident at work could occur and the subsequent injuries someone could suffer as a result:
- The forklift could press an employee against a wall if it is operated by someone who hasn’t had any training, resulting in crushing injuries or a broken bone.
- A employee could sustain broken or crushed toes after the forklift truck moves too close to them running over their feet.
- Objects could fall from a height if they aren’t secured or balanced. This could occur if the objects aren’t secured on the forklift. A falling object could result in a head injury.
- An imbalanced load could cause the forklift to topple, crushing the driver.
- A poorly maintained forklift could result in mechanical failure, which, in turn, could cause various employee injuries.
- Collisions with another workplace vehicle or an object could also happen, resulting in a neck injury.
To discuss the circumstances of your workplace injuries and find out if you are eligible to claim, please get in touch with one of our advisors.
You must provide evidence of negligence to make an accident at work claim. This can be done in the following ways:
- Obtaining the report from the accident at work book.
- Seeking medical attention and asking for a copy of your medical records.
- Acquiring CCTV footage of the incident.
- Keep a diary of symptoms and treatments. This can be useful in demonstrating mental impacts.
- Taking photographs of your injuries and the scene of the accident.
- Gathering witness contact details to allow statements to be taken at a later date.
It is advisable that you seek legal advice regarding a potential claim. Please speak to one of our advisors to make an enquiry.
The personal injury compensation that could be awarded for a successful workplace forklift accident claim could be made up of up to two heads. You could receive general damages compensation for the pain and suffering that is caused by your injuries. This accounts for both physical injuries and psychological harm.
We have created a table below of compensation bracket guidelines for different injuries. These have been taken from the Judicial College Guidelines (JCG). Legal professionals can use these brackets to assist them in valuing general damages. However, they should only be used as guidance. This is because each personal injury claim is unique, and therefore the payout may differ.
You could also use our compensation calculator to estimate the value of your claim.
Guideline Compensation Table
|Type of Injury||Severity||Compensation Bracket||Details|
|Injury Resulting from Brain Damage||Very Severe (a)||£282,010 to £403,990||The person will require full time nursing care. They will be doubly incontinent and show little, if any, proof of a meaningful response to their environment.|
|Injury Resulting from Brain Damage||Moderate (c)(i)||£150,110 to £219,070||There will be a personality change, a moderate to severe intellectual deficit, no prospect of employment and further problems.|
|Leg Injury||Amputation (a)(i)||£240,790 to £282,010||Loss of both legs above the knee or one leg lost below the knee where the other has been lost above the knee at a high level.|
|Back Injury||Severe (a)(i)||£91,090 to £160,980||An injury that involves spinal cord and nerve root damage, leading to multiple serious consequences not often found in back injury cases. There will be disability and severe pain with incomplete paralysis.|
|Arm Amputation||Loss of One Arm (b)(ii)||£109,650 to £130,930||The amputation of one arm above the elbow.|
|Hand Injury||The Complete or Effective Loss of One Hand (c)||£96,160 to £109,650||Within the bracket, the person's hand may have been crushed and then surgically amputated or all fingers and most of the palm is traumatically amputated.|
|Wrist Injury||(a)||£47,620 to £59,860||An injury that results in the total loss of function in the wrist.|
|Neck Injury||Severe (a)(iii)||£45,470 to|
|An injury resulting in fractures or dislocations as well as severe soft tissue damage and/or the rupturing of tendons that lead to significant permanent disabilities and chronic conditions.|
|Elbow Injury||(a)||£39,170 to £54,830||A severely disabling injury.|
|Shoulder Injury||Severe (a)||£19,200 to £48,030||Commonly connected with a neck injury and involves harm to the brachial plexus. This will lead to significant disability.|
Could Workplace Accident Claims Be Awarded Special Damages?
Special damages compensate for the monetary losses incurred as a result of your injuries. For example, if you break your arm and are unable to drive until a recovery is made, special damages could reimburse you for the travel expenses incurred.
Special damages could also cover:
- Loss of earnings
- Home adaptations
- Care costs
- Medical expenses
It is important that you can provide evidence of these losses, such as travel tickets, invoices and payslips. An advisor from our team can offer you a more personalised insight into how much compensation you could be eligible to receive. Please get in touch today.
An accident at work solicitor could offer their services under a Conditional Fee Agreement (CFA), which is one of the types of No Win No Fee agreements. This means that you will not have to pay for the services they provide upfront or while your claim is ongoing.
Also, it means that you are generally only required to pay for the services provided by your solicitor if your claim is won. Therefore, if your claim is lost, you typically won’t pay for the services of your solicitor.
A successful workplace forklift accident claim will mean your solicitor can take a small percentage of the compensation. The law caps this success fee, meaning that you will receive the majority of the compensation.
Our advisors can assess the eligibility of your claim. And should they find that you may have valid grounds to pursue personal injury compensation, they could place you in correspondence with one of our No Win No Fee solicitors.
Our advisors are available 24/7 to offer you free legal advice regarding your potential claim.
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Here are some more of our own guides that could be of use to you:
- Defective And Broken Machinery Injury Claims Guide
- What Are My Employers’ Responsibilities After An Accident At Work?
- I Hurt Myself At Work – What Should I Do?
Additionally, we have provided further external links to explore:
- GOV – Statutory sick pay (SSP)
- NHS – When to call 999
- Health and Safety Executive (HSE) – Health and safety statistics
Thank you for reading this guide on when you could be eligible to bring forward a workplace forklift accident claim. If you have any remaining questions, please speak with an advisor from our team.