Advice On Making A Forklift Accident Claim
By Lewis Cobain. Last Updated 4th July 2024. In this guide, we’ll discuss when you could be eligible to make a personal injury claim after a forklift crash. We will discuss the duty of care you are owed in the workplace and how a breach in this duty could lead to a forklift accident claim.
Furthermore, this guide will provide examples of the evidence that could be used to support your claim and the time limits you must adhere to when starting proceedings. We will also list some guideline compensation brackets for various injuries and how compensation may be calculated in personal injury claims.
If you have any questions about forklift accident claims after you’ve finished reading this guide, you can contact our advisors. They can offer you free advice and may connect you with one of our No Win No Fee solicitors.
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Select a Section:
- The Eligibility Criteria For Making A Forklift Truck Accident Claim
- How Long Do I Have To Make A Forklift Accident Claim?
- Causes Of Forklift Truck Accidents In Workplaces
- What Evidence Do I Need For A Forklift Accident Claim?
- Compensation Payouts And Settlement Amounts In Forklift Truck Accident Claims
- About The Forklift Accident Claims Process
- Can I Make A Forklift Accident Claim On A No Win No Fee Basis?
The Eligibility Criteria For Making A Forklift Truck Accident Claim
If you suffered an injury while at work, you may wonder whether you meet the eligibility criteria to make a forklift accident claim. You might be entitled to compensation if you can prove that:
- Your employer owed you a duty of care.
- They breached this.
- You suffered an injury as a result of this breach.
A breach in the duty of care resulting in injuries is known as employer negligence. There is specific legislation that governs workplace health and safety and if your employer fails to adhere to this and you are injured as result, you could be eligible to seek compensation.
It should be noted that not all forklift truck accidents qualify for compensation. For example, if you are involved in an accident but do not suffer a physical or mental injury, you would not have valid grounds to claim.
To discuss whether you have a potential accident at work claim, get in touch with one of our advisors.
Could My Employer Sack Me If I Make A Forklift Accident Claim?
No, your employer can’t sack you for making a forklift accident claim. You have the right to claim compensation if you can prove that negligence occurred, and it’s against the law for your employer to fire you for doing so.
However, they can sack you if the accident was your fault. For example, if you caused a forklift crash after coming to work drunk, then you could be fired for gross misconduct. It’s also unlikely that you’d be able to make a claim under these circumstances.
So, to summarise, your employer can’t sack you for the act of making a forklift accident claim. However, they can sack you for gross misconduct. If you’d like to learn more about forklift truck accident claims, contact our team today.
How Long Do I Have To Make A Forklift Accident Claim?
If you are making a personal injury claim following an accident at work as well as satisfying the eligibility criteria that we discussed earlier in this guide you also need to ensure that you are within the correct time limit to do so. Generally, when making forklift accident claims, there is a three-year time period in which to initiate legal proceedings within the court. However, there are exceptions to this rule for:
- Minors—If a minor is injured, unfortunately, they cannot bring a legal claim themselves until they reach the age of 18. However, a responsible adult such as their parent can apply to the courts to be a litigation friend and could make a claim on their behalf while they are still a minor. If no claim is made on behalf of the child, then when they turn 18, they can make their own personal injury claim, but the time limit starts from this date.
- Those who lack mental capacity – If someone lacks the mental capacity to make a claim for themselves, a litigation friend could make a claim on their behalf. While the claimant lacks mental capacity, the time limit is suspended indefinitely. Should the claimant recover enough mental capacity to make a personal injury claim and one has not been made on their behalf, they will then have 3 years to initiate proceedings.
Call our advisors now to learn more about the time limits for forklift accident claims. They will assess your potential case for free and provide you with the advice you need.
Causes Of Forklift Truck Accidents In Workplaces
Forklift truck accidents can lead to injuries in the workplace in a variety of circumstances, including those outlined below. As a result of these accidents, it could result in forklift truck accident claims being made.
- Where there is a forklift crash or collision with a pedestrian staff member or member of the public.
- Where the load has not been properly secured or lifted, resulting in objects falling onto people.
- Forklift truck accidents that result from imbalanced loads, resulting in the forklift toppling over and injuring someone.
- An unseen pedestrian is crushed between the truck and a load or wall etc. This could happen if the driver’s view is obstructed, they are not operating the truck with due care and attention or if the pedestrian has not been trained appropriately.
- There is a forklift crash with another object or vehicle.
- Where the forklift operator has not been properly trained or lacks the required qualifications.
Following proper operational and health & safety guidelines, there are a plethora of preventative measures that can be carried out. These work to increase overall employee safety around forklift trucks. Common and easy to enact measures include the wearing of high-visibility jackets and hard hats.
Machinery should be regularly maintained, according to appropriate schedules and standards. There should be regular checks on all parts of the forklift equipment. Any faulty machinery should be identified and repaired before forklift truck accidents can occur.
How Common Are Forklift Accidents In Workplaces?
To appreciate how significant an issue forklift accidents are, it can help to look at the latest figures published by the Health and Safety Executive (HSE).
Found in the RIDKIND data sheet, the figures from 2022/23 are revealing. The HSE classifies forklift accidents as injuries caused by being “struck by a moving vehicle”, so it does not provide a specific breakdown. However, we can gain a solid picture. The HSE found that:
- 1,396 people suffered injuries after being struck by a vehicle at work
- Of this number, 934 people required longer than 7 days off to recover, which suggests that the injuries sustained in these accidents are more severe
- Tragically, 20 people were killed by moving vehicles at work
What Should My Employer Do To Prevent Forklift Truck Accidents At Work?
The Health and Safety at Work etc. Act 1974 (HASAWA) outlines the duty of care all employers must give to their employees. This states that employers must take all reasonably practicable steps to ensure the health, safety and welfare at work of their employees, for example, by providing adequate training.
Should they fail to adhere to relevant health and safety laws, and you are injured, they could be found liable.
The Health and Safety Executive (HSE) regulates workplace health and safety. They set additional rules for forklift trucks. The HSE forklift truck regulations include an approved code of practice and guidance for rider-operated lift trucks.
They also include information on providing training on how to safely carry out forklift operations.
The lift truck should also be maintained regularly to ensure that it is fit for purpose. This includes inspections and carrying out required servicing. In addition, the forklift truck should not be overloaded.
What Evidence Do I Need For A Forklift Accident Claim?
To make a valid personal injury claim, you must prove that your injuries were due to employer negligence. This is achieved with evidence.
Examples of evidence that could be useful in a claim for a workplace injury include:
- Accident logbook. It is a legal requirement for all workplaces employing ten or more people to have one. It should include your details, the time and date and the nature of the incident.
- Medical records. In addition to your medical records, as part of the claiming process, you might be invited to attend an independent medical assessment. This can help establish the severity of your injuries and what impact they may have on your life.
- Accident footage. For example, you can request CCTV footage of yourself.
- Witness contact details. Anyone who saw what happened can give a statement at a later date if you note their contact information.
- Injury photographs. If your injuries are visible, such as bruising and lacerations, you could photograph these.
Call our advisors to discuss forklift accident claims. They can give free advice on what evidence could be submitted as well as other steps that might be involved when claiming for forklift accidents. Additionally, they can assess the eligibility of your claim. If it seems eligible, you could be connected to one of our No Win No Fee solicitors.
Compensation Payouts And Settlement Amounts In Forklift Truck Accident Claims
Forklift accident claims are assessed on a case-by-case basis. Each settlement can be made up of two heads of claim. The figure that’s calculated and awarded to you in line with your level of pain suffering is known as a general damages payment. A forklift accident can result in many different injuries. To assist legal professionals with the calculations they need to make, they will often turn to helpful resources.
One of these is a publication known as the Judicial College Guidelines (JCG). We’ve included some example entries from the 16th edition of the JCG in the table below. The figures have been based on cases that have gone to court in the past.
| Injury Type | Notes | Amount |
|---|---|---|
| Multiple Very Severe Injuries And Financial Losses | Very Severe | Up to £500,000+ |
| Arm Injuries | Severe (a) | £117,360 to £159,770 |
| Less Severe (c) | £23,430 to £47,810 | |
| Knee Injuries | Severe (a)(i) | £85,100 to £117,410 |
| Moderate (b)(ii) | Up to £16,770 | |
| Leg Injuries | Severe (b)(ii) | £66,920 to £109,290 |
| Severe (b)(iv) | £33,880 to £47,840 | |
| Back Injury | Moderate (b)(i) | £33,880 to £47,320 |
| Minor (c)(i) | £9,630 to £15,260 | |
| Hand Injuries | Severe Fractures to Fingers (f) | Up to £44,840 |
Can I Claim For Financial Losses?
You may also be able to receive special damages. This is when you can be reimbursed for the financial loss that your injury has caused you. It’s important to maintain detailed financial records of these losses so that you can prove how much you lost.
Examples of special damages payments can include:
- Travel costs
- Medical expenses
- Care costs for additional care at home
- Adaptations to your home
- Loss of earnings
For more examples of how much you could receive in special damages associated with forklift truck accidents, get in touch with our advisors today.
About The Forklift Accident Claims Process
In this section we examine the forklift accident claims process. The Pre-Action Protocol for Personal Injury Claims must be followed to help resolve the case before it has to reach court. The steps that must be followed are as follows:
- Letter of Notification – Before the claims process gets underway, a letter of notification is sent by the claimant to defendant to notify them of their intentions to open a claim against them.
- Rehabilitation – All parties involved in the dispute should assess what rehabilitation or medical care the claimant requires and how these needs can be addressed.
- Letter of Claim – The letter of claim is sent from the claimant to the defendant, informing them that a claim has been made. The letter should set out the exact grounds the claim is being made on, including details of the injuries sustained.
- Response – Defendants have 21 calendar days to respond to the claimant. Once the response has been acknowledged, the defendant has 3 months to complete their investigation.
- Disclosure – All parties involved should disclose supporting documents to facilitate a quick resolution to the dispute or clarify key points of contention.
- Experts – An expert medical report is usually needed during a personal injury claim. Following a forklift truck accident, other experts from mechanical, engineering or construction fields may be used depending on the exact nature of the accident.
- Alternate Dispute Resolution – Also known as ADR, the aim is to reach a settlement that is amenable to both parties. This can take many forms but two common practices include negotiation, where solicitors aim to reach a mutually beneficial agreement, and mediation, where a third party facilitates a reconciliation between the two parties.
If agreement cannot be reached at the ADR stage, then the claim will go to court. The aim of the Pre-Action Protocol is to avoid a trial as far as possible. While you can undertake all these tasks on your own, instructing a solicitor to represent you in your forklift truck accident claim will be of substantial benefit.
A solicitor can undertake all these tasks on your behalf, ensuring all court instructions and deadlines are complied with. For a free assessment of your eliglbity to work with one of our solicitors, contact our advisors today.
Can I Make A Forklift Accident Claim On A No Win No Fee Basis?
You will probably have seen many adverts on TV and in the papers for No Win No Fee services helping you make a claim without having to pay for services upfront. It also means that you won’t have to pay any ongoing costs that could incur while your claim proceeds. These fees could include medical costs or court costs should your claim reach this stage.
No Win No Fee services include Conditional Fee Agreements. They are an arrangement you make with your solicitor to help you claim compensation without worrying about paying any fees upfront. The agreement will state you won’t have to pay solicitor fees if your claim is not successful.
Only paying for the legal services in the event of a win removes the risk of making a personal injury or accident at work claim with a solicitor who charges by the hour.
As part of the No Win No Fee agreement, you will be required to pay a success fee if your claim succeeds. The fee is legally capped and is taken as a percentage of your total compensation amount. However, your solicitor will make you aware of these fees prior to you agreeing to their services.
We have developed a No Win No Fee service to help anyone who wishes to access legal representation whilst avoiding the costs often associated with a solicitor’s services.
It doesn’t matter whether or not you have the funds to cover the legal costs, and you should not be put off making a claim just because of your financial situation. Our No Win No Fee service could help with forklift truck accident claims.
Please get in touch to discuss your forklift truck accident in the following details:
- Telephone: 0800 073 8804
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For more advice and support on making a forklift accident claim, contact the Legal Expert team today using the contact details in this guide.
