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.
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:
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- Why Do Forklift Accidents Happen?
- Types Of Forklift Accidents
- Your Right To Health And Safety At Work
- Could You Claim For A Forklift Accident?
- How Much Compensation Could You Recieve For A Forklift Accident?
- Call Us About Your Forklift Accident Claim
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.
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.
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.
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 Long Do I Have To Make A Forklift Injury Claim?
If you’re eligible to claim compensation for a forklift injury, you need to keep in mind that there is a time limit that would apply to your claim. The Limitation Act 1980 sets a time limit of three years for you to file a personal injury claim in most cases. This three-year period typically begins on the date of the accident.
There are, however, some exceptions that could apply. For example, if a minor (under the age of 18) is injured in a forklift accident, the time limit would pause until their 18th birthday. Should an appropriate adult wish to claim on the child’s behalf, they apply to be a litigation friend during this pause and file a claim for the child.
If no claim is filed during the paused period, the child could file their own forklift accident claim once they turn 18. They would have 3 years from their 18th birthday to do so.
If you would like to check how long you would have to claim or ask further questions about the process, you can contact our advisors for free legal advice.
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.
|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.
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
Relevant links from our website:
- Who To Notify If A Fatal Accident Occurs At Work?
- Payout For A Broken Foot Accident At Work Guide
- Arm Injury Claims
Further external links:
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.