Can I Make A Forklift Accident Claim? - Health And Safety Jobs

Were you injured by a vehicle at work and need to know more about a forklift accident claim? You may be able to sue your employer if you can show that your injury was caused by their negligence.

Your employer has a duty of care towards you, and this is set out in legislation. If your employer breaches the duty of care that they owe you, causing an accident with a workplace vehicle in which you are injured, you may be able to claim.

We may be able to connect you with an accident at work solicitor to work on your claim. In order to get in touch, you can:

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Could I Make A Forklift Accident Claim?
How Might A Forklift Accident Happen?
Proving That An Employer Has Breached Their Duty Of Care
Compensation Payouts For Accidents Involving Forklifts
Can I Use A No Win No Fee Solicitor For A Forklift Accident Claim?
Extra Information About Forklift Accident Claims

Could I Make A Forklift Accident Claim?

All employers have a duty of care towards those who work for them. This is set out in the Health and Safety at Work etc. Act 1974. This legislation means that they need to take all reasonably practicable steps to reduce the risk of injury in the workplace.

There are other relevant pieces of legislation. For example, the Provision and Use of Work Equipment Regulations 1988 (PUWER) outline the duty of care specifically in relation to workplace machinery. It outlines requirements specifically to do with work machinery, for example, training and inspection.

In order to claim worker’s compensation, you will need to demonstrate the following:

That you were owed a duty of care
This duty of care was breached; and
You sustained an injury at work as a result

If all of these criteria apply, your employer could be considered at fault for the accident and you might be able to make a forklift accident claim.

Workplace Accident Figures

The Health and Safety Executive (HSE) provide statistics each year that show how many workers were injured in the workplace.

In 2020/21, there were 1,079 instances of someone being struck by a moving vehicle in the workplace according to HSE statistics. Of these, 363 resulted in specified injuries. 716 resulted in an absence of more than 7 days.

How Might A Forklift Accident Happen?

There are a number of different ways that a forklift accident at work could occur. As we have already mentioned, in order for you to claim it must have happened as a result of negligence.

Below, we have included some examples of how this kind of accident could happen because of a breach of duty of care:

Lack of training. Employees need to receive the relevant and appropriate training that they need to do their job safely. If you operate a forklift incorrectly because you were not trained to use it, and injury occurs as a result, you may be able to claim.
Lack of Personal Protective Equipment (PPE). For example, you may need to use a hard hat when operating this kind of workplace vehicle to reduce the risk of objects falling and causing a head injury.
Poor maintenance. Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair according to PUWER. If they fail to do this and you sustain an injury as a result, you could claim.

For more information on whether the circumstances of your accident could form the basis of a forklift accident claim, speak with an advisor today for free legal advice.

Proving That An Employer Has Breached Their Duty Of Care

In order to claim compensation for a forklift accident caused by employer negligence, you will need to provide evidence. Because of this, there is an accident at work procedure that you should follow after being injured in this kind of accident at work:

Seek medical evidence to generate a medical report and ensure that you receive the treatment you need
Fill out an accident form in the workplace accident book
Take photos of the accident scene and your injury, and collect contact details from witnesses so that they can provide a statement
Seek legal advice; this isn’t required, but the support and guidance of a solicitor could help you in your claim.

A personal injury solicitor may also be able to advise you on the kinds of evidence to collect in support of your forklift accident claim. Follow the banner below to find out more.

Compensation Payouts For Accidents Involving Forklifts

When you claim compensation, your settlement could consist of two different heads of claim. These are called general and special damages.

General damages are the part of your claim that relates to the pain and suffering caused by your injuries. It’s valued with the help of a publication called the Judicial College Guidelines.

You might also be invited to a medical assessment, where the impact of your injuries will be determined. The report from this assessment can then be used to value your claim.

The table below contains extracts from the Judicial College Guidelines. Please be aware that these are just guidelines and not guarantees.

Injury type	How severe?	Judicial College Guidelines
Brain	Moderate (c) (ii)	£85,150 to £140,870
Back	Severe (a) (i)	£85,470 to £151,070
Arm	Permanent and substantial disability (b)	£36,770 to £56,180
Wrist	(a)	£44,690 to £56,180
Pelvis/hip	Severe (a) (iii)	£36,770 to £49,270
Leg	Severe (b) (i)	£90,320 to £127,530
Knee	Severe (a) (i)	£65,440 to £90,290
Foot	Severe (d)	£39,390 to £65,710
Psychiatric distress	Moderately severe (b)	£17,900 to £51,460
Post-traumatic stress disorder (PTSD)	Severe (a)	£56,180 to £94,470

Special damages

Special damages are the second potential head of a claim. They compensate you for any financial losses you have experienced. This could include :

Missed income because of time off work
The cost of physiotherapy or medical needs that cannot be received on the NHS
Travel expenses to hospital or work
Adaptations to your car or home

You will need documents to prove these expenses, such as bills and receipts.

An accident at work lawyer can help advise what relevant information to keep in support of your forklift accident claim. Click on this banner for free legal advice from one of our advisors.

Can I Use A No Win No Fee Solicitor For A Forklift Accident Claim?

You may want to work with a solicitor on your forklift accident claim but be worried about the cost of doing so. If this is the case, you could work with a No Win No Fee solicitor.

If you work with a No Win No Fee solicitor, you won’t have to pay them anything up front or as the claim is ongoing. You also won’t be asked to pay them anything in the event that the claim does not succeed.

If your claim is successful, then you will be expected to pay your solicitor a “success fee”. This fee is legally capped, meaning that you will get the majority of the compensation you’re awarded.

For more information on the benefits of No Win No Fee agreements, follow the banner below.

How To Make A Forklift Accident Claim

You could start your forklift accident claim today. Our team can assess your case and connect you with No Win No Fee solicitors with expertise in securing the highest compensation amounts for their clients.

There is no cost to access this free advice and no pressure to proceed until you’re ready. Find out more by:

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Extra Information About Forklift Accident Claims

Thank you for reading this guide on forklift accident claims. Below are some further resources: