Forklift truck accident compensation claims solicitors

How do I make a forklift accident compensation claim?

If you’ve been involved in a forklift truck accident and been injured through no fault of your own, you can make a claim under the following legislation:

• The Workplace (Health Safety and Welfare) Regulations 1992. This means that employers must keep your workplace safe, including making sure vehicles can move around safely.
• The Provision and Use of Work Equipment Regulations 1998. This means that employers must provide adequate training for the handling and driving of forklift trucks. They should also provide supervision and make sure the equipment is in safe working order.

You can also cite the APOC on rider-operated lift trucks, as published by the Health and Safety Executive. Even if your injury was caused by a co-worker, you can still make a forklift compensation claim against your employer on the grounds that there was no proper supervision.

Speak to our specialist no win no fee solicitors about the specifics of your case to find out if you have a legal right to claim, and how much compensation you may receive.

How much compensation could I claim for a forklift truck injury?

The amount of compensation you can claim for a forklift truck accident depends on a number of factors. Our expert solicitors will look at every element of your case, from the physical damage to the long-term impacts the accident has had on your life.

Generally, forklift truck accident claims are calculated based on three things:

• The level of physical/emotional damage, known as “general damages.”
• The financial losses you’ve suffered, such as time taken off work
• The long-term impacts on your life.

Every forklift injury is different, so there’s no one set compensation amount for a forklift injury. However, based on historical cases and the Judicial Board Guidelines, the following compensation pay-outs have been awarded:

• Back injuries: from £2,000 to £150,000
• Shoulder injuries: from £4,000 to £45,000
• Arm injuries: from £11,000 to £122,000
• Hand injuries: from £5,000 to £79,000
• Leg injuries: from £26,000 to £85,000
• Knee injuries: from £12,000 to £90,000.

What is the time limit for making a forklift accident compensation claim?

You generally have three years from the date of the accident to make a claim. If you were under 18, somebody can claim on your behalf until your 18th birthday, or you can claim between the ages of 18 and 21. If the injury was caused by a manufacturing fault, you will have three years to claim from the date the fault was discovered.

How long will my claim take?

There is no set time limit for how long a claim will take. If your employer admits liability, we can settle it in a matter of weeks. However, in some cases, it can take up to 18 months, so please be patient with it as we consider every element of your case. It’s very rare that you will have to go to court, but if you do, we will guide you every step of the way.

My loved one has died as a result of a forklift accident. Can I claim on their behalf?

You can claim for the death of a loved one for up to three years after their death, or three years from the coroner’s report or post-mortem declaring the accident as the cause of death.

How do I start a forklift accident claim?

Speak to our specialist accident at work solicitors today. We will be able to tell you if you have a right to claim and how much your claim might be worth. It is helpful if you’re able to provide as much information as possible, including:

• Details about the accident itself, including how, where and when, and any records in incident books
• Information about the injury, including medical records
• Your employer’s contact details
• Proof of loss of earnings or any time taken off.

We’ll also ask you for your personal information such as your name, address and date of birth. If you have any additional evidence such as CCTV footage, this can help.

Whether you have been injured by items falling from a forklift, a forklift truck collided with you or you were forced to drive a forklift over an unsuitable surface due to poor workplace safety standards, if you suspect one of the above factors was to blame, contact our accident at work solicitors as soon as possible to discuss a potential accident claim.

What are my employer’s legal responsibilities to prevent injuries caused by forklift truck accidents?

The Health and Safety at Work Act 1974 states that employers have a duty of care to keep employees, contractors and site visitors safe. If they fail to do this, you may be able to make a no win, no fee claim.

By law, forklift drivers must be a minimum of 16 years old, or 18 in port facilities. If you’re making a forklift accident compensation claim before you reach 18, you can ask somebody to do this for you (a ‘litigation friend’) or claim anytime between your 18th and 21st birthday.

The Health and Safety Executive has a published Accepted Code of Practice (ACOP), which covers:

• Training and operator safety advice
• Who should be trained
• What training should include
• Authorisation, monitoring and assessment
• Refresher and conversion training
• Keeping records, train supervisors and selecting instructors.

If you feel your employer has failed to meet their legal obligations, speak to our solicitors today to find out if you have a legal right to claim compensation.

What are my Health and Safety rights at work?

Under UK Health and Safety law, you have the right to:

• Work in a safe, risk-assessed environment
• Have access to adequate training and personal protective equipment
• Use well-maintained equipment that is safe
• Stop working if you notice an injury risk
• Be included in any Health and Safety discussions
• Report any concerns in good faith
• Speak to the Health and Safety Executive without fear of intimidation
• Be a safety representative in a trade union, including time off work to train
• Have access to trained first-aid facilities and first aiders.

What are the causes of forklift truck accidents in the workplace?

In addition to careless driving and poor training, there are other causes of forklift accidents. For example, if the forklift has not been loaded properly, employers run the risk of:

• Objects falling onto people during lifting if they have not been secured
• Forklifts topping over if loads are imbalanced
• Racking failing if items have been loaded in the wrong place.

Similarly, the environment is key. If the driver cannot see, they run the risk of colliding with a person or object and potentially crushing somebody. Employers should also make sure that the environment is safe to climb out of the forklift truck – for example, avoiding slips, trips and falls. They can make the workplace safer by training drivers on how to get off the forklift safely.

Whether it’s poor maintenance, inadequate training or simply failing to stop somebody driving dangerously, your employer could be at fault.

What types of forklift truck accidents are there?

Forklift accidents can happen to anybody working in the same area as a forklift driver – not just the driver themselves. The heavy weight of forklifts makes them a huge risk for crush injuries, which can be life-changing.

Your employer should have strict forklift safety procedures in place. Unfortunately, in some cases, managers prioritise speed over safety, which can lead to the following incidents:

Forklift accidents affecting the driver

Forklift drivers risk injury if they are faced with:

• Inadequate training, including wrong training or out of date training
• Unsafe driving conditions such as uneven surfaces, potholes or bad weather
• Defective equipment, where the forklift was not fit for purpose.

Forklift accidents affecting other people

Other people may be injured by forklifts as a result of:

• Pedestrian collisions with forklifts
• Falling debris where a forklift has collided with something else, such as warehouse shelving
• Dangerous driving, including speeding, swerving or driving in unregulated areas.

Richard’s story

When a forklift truck went into his electric tug, Richard Stait from the West Midlands was told he would never work again.

Richard was driving an electric tug through a warehouse at the Jaguar plant at Castle Bromwich when a fork lift truck ploughed into the side of his vehicle.

During the accident, the electric tug lifted off the ground before landing heavily on its wheels.

Richard explains: “When the tug lifted off the ground I too was lifted and then slammed back into my seat when it landed. As I did so, I hit the steering wheel with my ribs and unbeknown to me at the time I crushed three discs in my spine.”

“It was because the pain was so severe in my ribs that I didn’t realise that I had three prolapsed discs. However, when my ribs started to heal, and the pain began to subside, the pain in my back became more apparent.”

Richard was working at Jaguar through his employer Excel Recruitment, which argued in Court that his back was damaged prior to his accident.

“How would I have passed my thirteen week trial to work with Excel with three prolapsed discs?” asks Richard.

“Express Solicitors took Excel to Court and I was awarded £143,000. I was delighted with the result, but it was also the right result and necessary as I will never work again.”

“At one point the insurance to fight the case was withdrawn but Express Solicitors stood firm and said ‘we will fight it’.

I received a personal service which was both courteous and efficient and I would have no hesitation in recommending Express Solicitors to anybody else who finds themselves in the unfortunate position I was in.”

Why Choose Express Solicitors?

At Express Solicitors, we have decades of experience settling forklift accident compensation claims just like yours. We’ve settled millions of pounds for cases that were turned away by others.

Our sensitive solicitor teams will listen to your story and consider every aspect of your case. You deserve to feel safe whether you’re at work or in public. Contact us today to get your life back on track and start your no win, no fee claim.

Average compensation amounts for forklift truck accidents

Compensation amounts for back, neck, shoulders and upper body injuries

Compensation amounts for arm, hand, and finger injuries

Compensation amounts for leg and foot injuries