Forklift Accident Claims Explained

Are you wondering if you could be eligible to make a forklift accident at work claim? If so, this guide will look at eligibility for making personal injury claims after you have sustained harm in the workplace. 

forklift accident

Forklift accident claims guide

Working with machinery can pose a serious risk to employees if safety measures are not implemented. Moreover, forklift accidents can result in injuries that vary in severity. For example, they could cause both minor and severe or life-changing injuries. These could be psychological or physical and, in extreme cases, may be fatal

To make a personal injury claim, you must prove that you were injured due to negligence. To define, negligence is the breach of a duty of care. Therefore, to make a workplace accident claim, your employer must have breached their duty of care, which resulted in you getting injured. This guide will explain the steps an employer is legally obligated to take to keep you safe and how you can prove if they failed to uphold these responsibilities.    

Please read on to find out how much compensation you could be entitled to following a forklift accident at work. Alternatively, contact our team of advisors to make any enquiries. To get in touch, you can: 

Select A Section

  1. Why Do Forklift Accidents Happen?
  2. Types Of Forklift Accident
  3. Your Right To Health And Safety At Work
  4. Could You Claim For A Forklift Accident?
  5. How Much Compensation Could You Recieve For A Forklift Accident?
  6. Call Us About Your Forklift Accident Claim

Why Do Forklift Accidents Happen?

Forklifts are man-operated machines used to transport heavy goods in places such as a warehouse, construction sites and large shops. Therefore, they are important, widely used machines which can be dangerous if not maintained or operated correctly. Forklift drivers must have received relevant training to operate the machinery. 

However, even if a forklift is operated correctly, an accident could still happen due to other factors such as defective work equipment, uneven floor surfaces and goods falling from the forklift.

It’s important to note that not all forklift accidents result from employer negligence. However, in order to claim, you must prove that your employer breached their duty of care and caused you harm. 

Contact our team of advisors for further information.   

Forklift Accident Statistics

The Health and Safety Executive (HSE) compiles workplace accident statistics based on employer reports made under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). They can highlight and address safety risks in different workplaces. In the year 2020/21, employers reported:

  • 51,211 non-fatal injuries to employees across all industries. 
  • 3,464 non-fatal injuries to employees in the construction industry.
  • 186 non-fatal injuries in the construction industry were caused by contact with moving machinery.
  • 39 fatal employee injuries in construction, 4 of which were caused by contact with moving machinery.

Types Of Forklift Accident

A forklift accident can happen in various ways, such as:

  • Lack of adequate training: An employer may have failed to provide adequate and relevant training to someone before allowing them to operate a forklift truck. As a result, they may have been unable to stop the machine while operating it, causing them and other staff members harm.
  • Failure to carry out regular maintenance checks: An employer may have failed to check the forklift was safe to use regularly. As a result, an employee may have used a faulty piece of machinery causing them to sustain harm.

They can also cause injuries of varying severity. Some physical injuries you could sustain in an accident of this kind include: 

You could also suffer from psychological injuries such as anxiety, depression and stress. These injuries can seriously impact your quality of life. We can help you take steps to seek the compensation you deserve. Contact us today to begin making a workplace accident claim. 

Your Right To Health And Safety At Work

Under the Health and Safety at Work etc. Act 1974, your employer has a duty of care to ensure, so far as is reasonably practicable, your safety. Section 2 describes their responsibilities which include providing proper workplace training, carrying out maintenance, and assessing risks in the workplace. Therefore, a failure to carry out these responsibilities is a breach of their duty of care and could result in an injury for which you could claim.   

The Provision and Use of Work Equipment Regulations 1998 is legislation that requires equipment used for work to be regularly inspected and maintained and that the person using it is properly trained. Therefore, anyone not trained to use a forklift should not do so. 

Following on from this, it is important to note that as an employee, you are responsible for taking reasonable care of your own health and safety by adhering to health and safety policies put in place by your employer.

Contact us to find out if you are eligible to make a forklift accident claim. 

Could You Claim For A Forklift Accident?

To claim compensation for a forklift accident injury, you must prove:

  • Your employer owed you a duty of care
  • This duty was breached
  • This breach caused you injury

Following an accident, you should collect evidence to prove that negligence caused the injury as soon as possible. Some things you could gather are:

  • CCTV footage to show the accident.
  • Photographic evidence to show the hazard and injuries.
  • Witness contact details 
  • Medical records that can provide details of the injuries, prognosis and any treatments.
  • Work accident report book, this is used to make a note of accidents in a workplace with 10 or more employees. 

If you have any more questions about eligibility to make a claim, please contact our team of advisors today.  

How Much Compensation Could You Recieve For A Forklift Accident?

The two different heads of claim often included in personal injury settlements are general and special damages.

  • General damages – This compensates you for the physical and psychological pain and suffering caused by your injuries.
  • Special damages – This compensates you for the future and past financial losses caused by the injuries. 

In the table below, we have used figures from the Judicial College Guidelines (JCG), published in April 2022. Legal professionals consult this text to help them value payouts for the general damages portion of personal injury claims, as the figures are based on previously awarded compensation amounts. 

Injury DetailsCompensation Bracket
Very Severe Injury Resulting from Brain Damage (a)The injured person will have little to no language function, little to no meaningful repose to their environment, and they will need full-time care. There will also be other issues.£282,010 to £403,990
Moderate Injury Resulting from Brain Damage (c) (iii)The injury causes an effect on memory and concentration, reducing the ability to work. However, dependence on others is very limited. £43,060 to £90,720
Severe Neck Injuries (a) (i)A neck injury involving paraplegia that's incomplete.In the region of £148,330
Foot Injuries (b)The injury results in the amputation of one foot.£83,960 to £109,650
Moderate Foot Injuries (f)Injuries such as a displaced metatarsal fracture that leads to continuing symptoms and deformity of a permanent nature.£13,740 to £24,990
(b) Severe Leg Injuries (ii)A very serious leg injury that results in permanent problems with mobility. They will need to use mobility aids for the remainder of their life. £54,830 to £87,890
Less Serious Leg Injuries (c) (ii)The injured person suffers a simple fracture of a femur. There will be no further damage to the articular surfaces.£9,110 to £14,080
Arm Injuries (b) The injury will cause permanent and substantial disablement, for example, serious fractures to one or both forearms. £39,170 to £59,860
Arm Injuries (d)The injured person will have simple fractures of the forearm.£6,610 to £19,200
Moderate Shoulder Injuries (c)The injured person has soft tissue injuries or a frozen shoulder that limits movement and causes discomfort. £7,890 to £12,770

Please remember that the figures above are a guide. Each case has a unique set of details determining the compensation payout. 

Also, you may be able to claim special damages for any expenses resulting from the injury. This could be, for example, the cost of care, loss of earnings or travel expenses.

It is important to note that you must be able to supply proof of any special damages you claim reimbursement for. You could prove these expenses by keeping travel tickets, providing payslips and showing bank reports.

Would you like a valuation more specific to your case? If so, you can contact a member of our team today to discuss your forklift accident claim.   

Call Us About Your Forklift Accident Claim

Our panel of solicitors can offer you a type of No Win No Fee agreement, known as a Conditional Fee Agreement (CFA). This can benefit you by eliminating the financial concerns of having to pay upfront and ongoing fees for your solicitor’s service. Also, you do not make any payments for your solicitor’s services if your claim is unsuccessful. 

On the other hand, if your claim is successful, you will pay a small legally capped percentage of your compensation, known as a success fee. 

For an assessment of your forklift accident claim, please speak to our team of advisors today. They can provide guidance on whether you’re eligible to claim and if you are, could connect you with a No Win No Fee solicitor from our panel. To find out more, you can:

Work-Related Accident Claims

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Thank you for reading this guide to forklift accident claims. We hope it has helped, however, if you need any other information get in touch on the number above.

Written by JO

Edited by MMI