The most important things to remember when making a forklift accident compensation claim
- You can claim compensation whether you were driving or injured by a driver
- You generally have three years from the date of the accident to make a claim
- Your must show that your employer failed in their duty of care
- You will need medical records as supporting evidence
- You can claim on a no win, no fee basis.
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 accidents at work 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 my injuries?
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.
Find out how much you could claim
Compensation amounts are estimated based on the level of injury below
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.
You’ll claim more with us.
We have recovered an additional £21.2m more in compensation for clients who switched to us from their previous firm. Contact us now to discover the real value of your claim.
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.
How to claim for an accident at work
Want to know more about claiming for an accident at work. Jargon free, we’ll explain your legal rights, letting you know everything you need to know about claiming.
- When can I make a claim for an accident at work?
- How long after an accident at work can I claim?
- What types of accidents at work can I claim for?
- What are my legal rights to claim for a workplace accident?
- What should I do if I’ve been injured at work?
- Can I make an accident at work claim if I’m partly at fault?
How much compensation can I claim for an accident at work?
Read our accident at work legal guide to understand your legal rights and how much compensation you may be able to claim.
What are my employer’s legal responsibilities to prevent 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.
We understand the financial impact of an accident.
In 99% of cases, we recovered more compensation than the insurer’s first offer. We’ll provide financial security with our interim payments wherever possible, meaning you don’t need to rush into an offer that is lower than you’re legally entitled to.
What are the causes of forklift 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 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.
Get the best legal team on your side
- Over 1,000 years of combined legal expertise
- We’ll get you more compensation than anyone else
- Early payments to cover your expenses*
- We win the cases other firms can’t
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* Where applicable
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.”
Frequently asked questions about forklift truck claims
Who pays my forklift compensation claim?
Do I need to attend a medical?
Can I claim if I am self-employed or work zero hours?
Forklift accident claims for members of the public
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 accidents
|Part of body||Severity of injury||Amount of compensation||Types of injuries|
|Head||Minor||£1,880.00 to £10,890.00||Covers brain damage with recovery within a few weeks. Higher compensation if symptoms include headaches.|
|Head||Moderate||£13,430.00 to £112,130.00||Symptoms ranging from poor concentration, lower and higher risk of epileptic attacks, minor personality changes, depression, more severe intellectual impairment, or injuries/symptoms leading to a vegetative state.|
|Head||Serious||£186,890.00 £240,590.00||Covers reduced life expectancy, serious physical symptoms, serious changes to personality or intellect, large dependence on others due to paralysis or otherwise.|
|Head||Severe||£240,590.00 to £344,640.00||Covers minimally conscious state (life expectancy less than 15 years), severe disability, brain damage with little/no response, vegetative states needing full-time nursing.|
|Eye||Severe||£56,080.00to £229,260.00||Complete blindness on one/both eyes or severe visual impairment on one/both eyes.|
|Face||Minor||£1,460.00 to £7,460.00||Light or no scarring on the face, but no fractures, loss/damage of one/two front teeth, simple fractures of the jaw or nose, but with a possibility of complete recovery.|
|Face||Serious||£15,320.00 to £26,010.00||More serious fractures such as a broken jaw or nose, breaking/damage/loss of several teeth.|
|Face||Severe||£26,010.00 to £38,850.00||Severe injuries resulting in facial disfigurement, several jaw fractures, chronic tooth pain, and scarring. May lead to eating restrictions or higher risk of joint arthritis. Covers negative effects on mental health.|
|Ear/ hearing||Minor||Up to £5,980.00||Possible Noise Induced Hearing Loss (NIHL), slight/occasional tinnitus.|
|Ear/ hearing||Moderate||£12,700.00 to £25,350.00||Partial hearing loss or mild to severe tinnitus.|
|Ear/ hearing||Serious||£25,350.00 to £38,850.00||Complete deafness in one ear. Severity varies based on additional symptoms (e.g. dizziness, tinnitus, etc.).|
|Ear/ hearing||Severe||£77,430.00 to £120,040.00||Complete deafness in both ears. Higher compensation for child injuries also resulting in a loss of speech.|
Compensation amounts for back, neck, shoulders and upper body injuries
|Part of body||Severity of injury||Amount of compensation||Types of injuries|
|Neck||Minor||Up to £6,680.00||Soft tissue injuries or whiplash with recovery within 3 – 24 months. Compensation factors include severity of pain and amount of negative effects on everyday life.|
|Neck||Moderate||£7,410.00 to £47,760.00||Covers injuries that accelerated a pre-existing condition, disc lesions, cervical spondylosis, serious limitation of movement, permanent and/or recurring pain, all caused by fractures or dislocations.|
|Neck||Severe||£56,100.00 to £139,210.00||Serious fractures, severe soft tissue damage, chronic pain conditions, disc damage, partial paraplegia, or significant, permanent disability.|
|Back||Minor||£2,090.00 to £10,670.00||Includes lighter strains, sprains, disc prolapses, and soft tissue injuries. Recovery between 3 months and 5 years.|
|Back||Moderate||£11,730.00 to £26,050.00||Includes: spinal fusion, compressed or fractured lumbar spine (possibly resulting in higher risk of osteoarthritis and constant pain), prolapsed discs and other injuries that may require surgery and a continued acceleration/worsening of a pre-existing back condition.|
|Back||Severe||£36,390.00 to £151,070.00||Typically requires surgery. Injuries include: damaged spinal cord and partial paralysis, psychological issues, loss of bladder and/or bowel function, disc lesions, impaired movement, arthritis, etc.|
|Shoulder||Minor||Up to £6,730.00||Soft tissue injury resulting in pain. Full recovery between 3 – 24 months.|
|Shoulder||Serious||£10,890.00 to £16,380.00||Fractured humerus, clavicle or rotator cuff needing surgery.|
|Shoulder||Severe||£16,380.00 to £40,970.00||Significant disability caused by severe damage to the neck or brachial plexus.|
|Pelvis & hips||Minor||£3,370.00 to £10,750.00||Complete recovery after minor soft tissue injuries. Little or no disability within 2 years.|
|Pelvis & hips||Moderate||£10,750.00 to £33,430.00||No serious disability, but covers injuries requiring hip operations, replacement of hips (or the need for either in the future).|
|Pelvis & hips||Severe||£33,430.00 to £111,690.00||Severe hip/pelvis fractures resulting in bowel damage or spinal fusion, childbirth complications, hip replacement, and/or leading to higher likelihood of future surgery.|
|Scarring (not facial)||Minor||£2,020.00 to £7,380.00||One noticeable scare or several superficial, unsightly scars on the legs, arms, or hands.|
|Scarring (not facial||Moderate||Up to £7,380.00||Full recovery within 2 years, up to a partial recovery with symptoms that are not largely debilitating.|
|Scarring (not facial||Severe||£6,680.00 to £19,390.00||Several noticeable laceration scars or a single disfiguring scar.|
Compensation amounts for arm, hand, and finger injuries
|Part of body||Severity of injury||Amount of compensation||Types of injuries|
|Arm||Mild||£5,630.00 to £16,380.00||Fractured forearm.|
|Arm||Moderate||£16,380.00 to £33,430.00||Serious arm injury leading to long-lasting symptoms.|
|Arm||Serious||£33,430.00 to £111,690.00||Serious injury resulting in an inability to use the arm(s) to some extent. Does not result in amputation.|
|Arm||Severe||£82,040.00 to £255,930.00||Results may include the amputation of one/both arms. Compensation amount will depends on amputated area, whether phantom pain is experienced, and on other effects on the quality of life.|
|Elbow||Moderate||Up to £10,750.00||Includes: tennis elbow, deep cuts, simple fractures, no permanent damage.|
|Elbow||Serious||£13,360.00 to £27,320.00||Results in restricted movement but does not require surgery or cause disability.|
|Elbow||Severe||£33,430.00 to £46,780.00||Injury causes severe disability or requires surgery.|
|Wrist||Moderate||Up to £8,740.00||Uncomplicated Colles fracture or minor undisplaced fractures with recovery between 1 – 2 years. May include use of plasters.|
|Wrist||Serious||£10,750.00 to £20,900.00||Soft tissue damage or broken wrist causing some permanent disability.|
|Wrist||Severe||£20,900.00to £51,070.00.||Significant permanent disability or complete loss of wrist function.|
|Hand||Minor||Up to £4,050.00||Covers lacerations and crush injuries, and soft tissue injuries (recovery within 6 months).|
|Hand||Moderate||£4,780.00 to £11,330.00||Covers penetrating wounds and crush injuries resulting in permanent but non-intrusive symptoms, or soft tissue damage and deeper cuts resulting in impairment of the hand (may require surgery).|
|Hand||Severe||£24,740.00 to £171,920.00||Covers amputation and rejoining of several fingers, resulting in a clawed, impaired, or unsightly hand, amputation of one/both hands (alternatively, amputation of several fingers rendering the hand almost useless).|
|Finger||Minor||Up to £4,055.00||Includes: full-healed fractured finger bones (healed within 1 year) with/without minor scarring.|
|Finger||Moderate||£3,370.00 to £5,000.00||Includes: complete (or almost complete) recovery after broken finger, amputation or loss of a part of the little finger.|
|Finger||Severe||£10,380.00 to £31,350.00||Includes: complete amputation of one/more fingers, fractures of the index finger. Compensation depends on level of disability and suffering.|
|Thumb||Minor||Up to £4,055.00||Short-term, severe pain gone within 3 months.|
|Thumb||Moderate||£3,370.00 to £10,750.00||Covers fractures with recovery within 6 months, damage to nerves or tendons resulting in partial loss of sensation, and cosmetic thumb deformities.|
|Thumb||Severe||£10,750.00 to £46,780.00||Partial/complete amputation of the thumb, surgical wire insertions, nerve damage, fractures, inability to grip.|
Compensation amounts for leg and foot injuries
|Part of body||Severity of injury||Amount of compensation||Types of injuries|
|Leg||Minor||£7,780.00 to £12,010.00||Minor injuries with recovery within a few months (e.g. soft-tissue injuries, bruising, cuts, and contusions). Slightly more severe injuries such as simple fractures of the femur, tibia, or fibula.|
|Leg||Moderate||£15,320.00 to £46,780.00||Minor fractures with partial recovery, serious soft tissue injury, injuries to one leg (e.g. broken bones, crushing injuries), ligament injuries, compound fractures leading to near certainty of arthritis or instability.|
|Leg||Severe||£46,780.00 to £240,590.00||Severe injuries resulting in extensive degloving, bone grafting, permanently reduced mobility, or amputation of one/both legs (above/below the knee).|
|Knee||Minor||Up to £11,730.00||Includes soft tissue injuries (recovery within a few months), a twisted knee, lacerations, or bruising resulting in discomfort or pain.|
|Knee||Moderate||£22,340.00 to £37,070.00||Includes: seriously damaged kneecaps, ligaments, or muscles, dislocation, a torn meniscus, acceleration injuries (over several years), resulting in ongoing discomfort or pain.|
|Knee||Severe||£44,470.00 to £82,080.00||Covers constant pain, severe disability, or muscle wastage. Higher compensation if need for surgery or injury effects quality of life.|
|Ankle||Minor||Up to £11,730.00||Smaller fractures, but bone has not been displaced. May include sprains, injured ligaments (likely leads to scarring). Smaller injuries can allow for full recovery within a year, without any scarring.|
|Ankle||Moderate||£11,730.00 to £42,710.00||Includes ligament tears, fractures, leading to smaller disabilities while standing/moving. Increased risk of osteoarthritis. Operation/cast needed. May lead to inability to work or call for special footwear.|
|Ankle||Severe||£42,710.00 to £59,480.00||Severe injury resulting in deformities, disabilities, or even amputation of the body part down the line.|
|Achilles||Minor||£6,200.00 to £10,750.00||Minor instability due to tendon damage around the ankle. Some more severe cases might involve scarring.|
|Achilles||Moderate||£10,750.00 to £17,970.00||More serious injury and partially ruptured tendon. More severe cases tend to involve disability and/or permanent scarring.|
|Achilles||Severe||£21,320.00to £32,780.00||Restricted movement of the ankle due to severed muscle tissue. Small likelihood of further improvement of limp and residual scarring.|
|Foot||Minor||Up to £11,730.00||Includes: minor fractures, lacerations or contusions (with complete recovery within 2 years), ruptured ligaments or other puncture wounds that result in chronic pain or a permanent limp.|
|Foot||Moderate||£11,730.00 to £59,730.00||Includes: metatarsal fractures resulting in permanent deformity and ongoing symptoms, fractured heels (both), restricted mobility, degloving and heel fusion.|
|Foot||Severe||£71,640.00 to £171,920.00||Injury needing amputation of one/both feet or traumatic amputation of the forefoot (to prevent need for complete amputation).|
|Toe||Minor||Up to £8,190.00||One or more broken toes with a varying recovery period. Compensation depends on presence of long-term symptoms and speed of recovery.|
|Toe||Moderate||£8,190.00 to £11,730.00||Multiple fractures, crush injuries to two/more toes, permanent disability. May have involved unsuccessful past operations.|
|Toe||Severe||£11,730.00 to £47,830.00||Severe crush injuries leading to less/surgical amputation of one or two toes (not including the big toe), amputation of all toes or the big toe.|