Due to the height and weight of forklift trucks, accidents involving them can cause life-altering injuries if proper precautions are not taken. In all, employers are expected to ensure the health and safety of staff in the workplace, whether by performing maintenance checks, or providing training sessions. A failure to do so could result in forklift truck accidents involving staff members, giving rise to crush injuries, mental distress, and subsequent financial losses from medical bills. If you’ve suffered something similar, you may be giving some thought to the forklift truck accident claims process. Fortunately, our friendly team is here to help you through this challenging time.
At Legal Expert, we understand that the thought of starting a forklift truck claim can be daunting. That’s why our team is committed to ensuring the process is as smooth as possible, helping you with questions and advice. Following a free initial consultation, you could be connected with one of our specialist No Win No Fee solicitors to start your compensation claim. As experts in accident at work claims, our solicitors are equipped to pursue the compensation that you’re entitled to.
To start the forklift truck accident claims process today, please don’t hesitate to get in touch.
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Can I Make A Forklift Truck Accident Claim?
Yes, you could make a forklift truck accident claim if you can demonstrate that your injuries were directly caused by your employer’s negligence. As such, you must be able to fulfil the following eligibility requirements:
- You Were Owed A Duty Of Care
Your employer must have owed you a legal duty of care. This means they were responsible for taking reasonable steps to protect your health and safety in the situation where the injury occurred.
- That Duty Of Care Was Breached
You must be able to demonstrate that the duty of care was breached. This occurs when your employer fails to act as a reasonable employer would have done, such as by ignoring safety rules, failing to perform machinery checks, and not providing adequate training sessions to staff members.
- You Suffered An Injury Or Illness As A Result Of The Breach
You must have suffered a physical or a psychological injury due to the breach. This can range from minor injuries to more serious or long-term conditions, including amputation and paralysis injuries.
Can I Still Claim If I Was Partially At Fault For The Incident?
Yes, you could still claim even if you were partially at fault for the incident by forming a split liability agreement. This concept refers to situations where you could share a portion of blame for an accident with another party, such as your employer.
For instance, you may not have been provided training sessions from your employer about how to operate a forklift truck. Despite this, you could excessively speed when operating a forklift truck, resulting in a serious accident. As such, a split liability agreement could be formed to apportion the level of blame; if you were found 50% responsible, you would therefore receive 50% of the compensation.
However, if your behaviour and actions contributed to your injuries, you could claim the defence of contributory negligence. Similarly to split liability, your compensation will be reduced by the percentage of your responsibility for your injuries sustained.
To learn more about making a claim whilst being partially at fault, please contact our advisory team today.
How Long Do I Have To Make A Forklift Accident Claim?
You will typically have up to 3-year time limit to start your forklift accident claim. In accordance with the Limitation Act 1980, the time limit will begin from the date of the accident. Nevertheless, the Act allows for exceptions in certain situations.
To learn more about time limits, please see our dedicated guide about the personal injury claim limitation period.
Moreover, to discover how to claim on behalf of a loved one, please get in touch with one of our friendly advisors today.
Common Examples Of Forklift Truck Accident Claims
Forklift truck accidents could occur due to many different reasons, including inadequate training, malfunctioning machinery and aisle obstructions. Please see the following examples of how forklift truck accident claims could arise as a result:
- You may not have been provided with training sessions, despite being ordered to operate a forklift truck. You could press the incorrect controls, causing the truck to crash into an aisle, resulting in serious head and back injuries.
- Your employer could fail to clear a path from obstructions, despite ordering you to manoeuvre a forklift truck along that aisle. This could cause the truck to crash, resulting in crush injuries to your arm and legs.
- Your employer could fail to fix a forklift truck, despite knowing that the electrics have become faulty. The forklift could stop suddenly whilst you’re driving it, causing you to suffer serious neck and back strains.
- Your employer could fail to provide clear walkways for members of staff to use. Whilst stacking boxes in a warehouse, you could be hit by a forklift truck passing by, resulting in brain damage and psychological injuries.
Please note that the above list is not exhaustive, and forklift truck accidents can occur in many different scenarios.
To discuss your own experience with one of our advisors, feel free to contact our helpful team today.
Compensation Payouts And Settlement Amounts In Forklift Truck Accident Claims
In successful forklift truck accident claims, you could receive general damages as part of your compensation. This head of loss will ultimately compensate you for any physical and mental pain and suffering you experienced.
As such, general damages will be calculated using a combination of medical evidence and the Judicial College Guidelines (JCG). This widely-used publication is essential among legal professionals, providing compensation guidelines for many different injury types.
All entries in the table below, apart from the first figure, have been taken from the JCG. Please also be aware that the entries are merely guidelines, and do not guarantee how much you could receive.
| Injury | Severity | Compensation Pay-out |
|---|---|---|
| Multiple severe injuries with financial losses | Very serious. With special damages such as medical expenses, lost earnings, and home modification costs | Up to £1,000,000+ |
| Brain Damage | Very Severe. Considering the degree of insight and sensory impairment. | £344,150 to £493,000 |
| Brain Damage | Moderately Severe. Considering the life expectancy and the ability to communicate. | £267,340 to £344,150 |
| Back Injuries | Severe (i) Including damage to the nerve roots and spinal cord. | £111,150 to £196,450 |
| Back Injuries | Severe (ii) Involving impaired mobility with nerve root damage. | £90,510 to £107,910 |
| Pelvis And Hip Injuries | Severe (ii) Such as a fracture dislocation of the pelvis. | £75,550 to £95,680 |
| Wrist Injuries | a) Involving a complete loss of wrist function. | £58,710 to £73,050 |
| Severe Leg Injuries | (iv) Moderate. With severe crushing injuries to a single limb. | £33,880 to £47,840 |
| Toe Injuries | Severe. Involving crush injuries, with an amputation of one or two toes | £16,770 to £25,710 |
4.8 (466 reviews) Can Forklift Truck Accident Claims Compensate For Special Damages?
Yes, forklift truck accident claims can compensate you for special damages if your case is a success. In essence, the award of special damages will compensate you for monetary losses you may have suffered due to your injuries.
For example, special damages can include the following:
- Loss of earnings, including a loss in current or future income, loss of overtime pay, workplace benefits and bonuses.
- Medical expenses, such as private consultations, physiotherapy sessions, and prescription costs for painkillers and antidepressants.
- Travel expenses, encompassing the fuel and public transport costs spent travelling to and from medical appointments. This can also include parking fees from clinics and hospitals.
- Home modifications, including the cost of ramps, hoists, stairlifts and widened doors, accommodate permanent injuries caused by a forklift truck accident.
- Care expenses, such as the cost of professional help with cleaning, cooking, nursing and dressing if the forklift accident left you unable to do so.
Crucially, special damages must be supported with evidence in the following forms:
- Receipts
- Invoices
- Bank statements
- Payslips
For more information on special damages in forklift truck accident claims, please contact us today.
What Is The Process Of Making A Forklift Accident Claim?
The process of making a forklift accident claim involves taking steps to secure your position, health, and evidence. The steps may include the following:
- Seek medical treatment – To help your recovery, you should seek medical care from a GP, A&E, or an urgent care clinic. Doing this also helps to create official medical records of your injuries and the extent of your suffering.
- Collect evidence – When safe and appropriate, you should start to gather evidence to strengthen your claim. Evidence may encompass CCTV footage, visual evidence of your injuries, contact details of witnesses, and an accident report form.
- Ensure the incident is reported – To do this, you should log the incident in your workplace accident report book to create a formal record of the accident.
- Track how your injuries affect you – You should start a simple diary, detailing your pain levels, symptoms and any medical treatments that you receive. You should also note any financial losses you may experience, such as therapy and lost earnings.
- Seek legal advice – By speaking to a specialist personal injury solicitor, you could receive a free initial consultation, offering you advice about the strength of your claim. Most solicitors offer free case checks, so there’s no obligation.
If you’re connected with one of our dedicated solicitors, they could help to gather evidence on your behalf. For a free consultation today, please get in touch with our team.
How Can Legal Expert Help Me Claim For A Forklift Accident?
Legal Expert can help you claim for a forklift accident by providing an initial consultation to assess the strengths and weaknesses of your case. Following this, you could be connected with one of our expert solicitors to help you build strong evidence, negotiate on your behalf, and secure the payout you deserve. You could also enjoy the following benefits on a No Win No Fee basis:
- Regular case updates so you always know where your forklift truck accident claim stands
- Assistance with evidence-gathering, such as witness accounts and your medical records
- Explanations of legal jargon to give you a full understanding of the personal injury claims process
- Advice on forklift truck accidents that strictly adheres to the rules of confidentiality
- Putting you in contact with professionals to aid your recovery, including physiotherapists and counsellors.
- Arranging a indepedent medical assessment to create a report about your injuries.
To learn more about the benefits of making a claim with Legal Expert, please contact us today.
Can I Make A Forklift Accident Claim On A No Win No Fee Basis?
Yes, you could make a forklift accident claim on a No Win No Fee basis if you’re connected with one of our expert solicitors. Operating under Conditional Fee Agreement (CFA), you experience the following advantages:
- No solicitor service fees upfront, as your claim progresses, or in the event that the outcome is unsuccessful.
- If your case has a favourable outcome, you will pay a success fee to your solicitor. Please be aware that the success fee percentage will be taken from your compensation, and is capped by law.
Contact Our Solicitors
To discover more about forklift truck accident claims, please feel free to contact our team:
- Contact us online by filling out our form
- Call us on 0800 073 8804
- Use our free live chat feature
Learn More
For more information about personal injury claims, please refer to some of our other guides:
- Learn if you could sue your employer for a slip and fall accident
- Get help with making toe amputation compensation claims
- See the following advice on making skip injury claims
Additional external resources:
- Get help with when to call 999 from the NHS
- Learn about how to report a health and safety issue from the Health and Safety Executive
- See the following advice on how to request CCTV footage of yourself from Gov.UK
Thank you for reading our helpful guide about forklift truck accident claims.
