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A forklift accident can leave you dealing with pain or restricted movement while also wondering whether you should ever have been put in that position at work. You may be able to make a claim if your employer, or another organisation responsible for the forklift work, failed to take reasonable steps to keep you safe and that led to your injuries. Legal Helpline’s panel of personal injury solicitors knows complex forklift accident claims require careful consideration, so they will review what happened and clearly explain whether you have grounds to claim.
That same support can continue as the claim develops, with your solicitor helping to make sense of the safety issues behind the forklift accident and how they led to your injuries. Our panel draw on their experience of workplace accident claims to identify what matters most, whether that lies in how the forklift was used or how the work around it was organised. Their role is to bring those details together with what the injury has meant for you, so the case reflects both what should have been done differently and the consequences you are now living with.
You do not have to deal with the legal issues surrounding a forklift accident on your own. Speak to one of our advisors to find out whether you could be connected with an expert solicitor from our panel who can represent you on a No Win No Fee basis.
Frequently Asked Questions
- Can I Make A Forklift Accident Claim?
- How Do Forklift Accidents Happen At Work?
- Who Could Be Responsible For A Forklift Injury?
- What Safety Measures Should Be In Place When Forklifts Are Used?
- What Injuries Can Forklift Truck Accidents Cause?
- How Much Compensation Could I Receive After A Forklift Accident?
- What Could Help Prove A Forklift Accident Claim?
- How Legal Helpline Can Support Your Forklift Accident Claim
- Could I Claim On A No Win No Fee Basis?
- Learn More
Can I Make A Forklift Accident Claim?
Yes, you can make a forklift accident claim if your employer failed to take reasonably practicable steps to ensure workplace safety and this caused your injuries. Your employer has responsibilities under the Health and Safety at Work etc. Act 1974, which requires them to protect your health, safety and welfare at work so far as is reasonably practicable. Eligibility for forklift accident claims will depend on whether:
- Someone responsible for the work had a legal responsibility for your safety. This will often be your employer, although another organisation may also have responsibilities if it controlled the workplace or the forklift operations involved.
- That responsibility was not met. The next question to consider is whether a safety failure in how the forklift work was organised or carried out exposed you to an avoidable risk. This could involve your employer having you use a forklift unsuitable for the load being handled, or keeping a truck in service despite obvious signs it was not safe to use.
- The forklift accident caused your injury. There must be a clear connection between the safety failure and the harm you suffered. That might mean showing that being struck by the truck caused a leg fracture, or that an unstable load fell from the forks and left you with a crush injury.
Forklift accident claims are not limited to forklift drivers. Other workers may also be eligible if they were injured because forklift operations at work were not carried out safely.
One of our advisors can explain these criteria in more depth, so reach out today to see whether you can claim for your forklift injuries.
How Do Forklift Accidents Happen At Work?
Forklift accidents can happen at work for many reasons, such as unsafe driving or loads that aren’t kept stable during movement. Understanding the mechanism behind the incident can matter in forklift accident claims, especially when it helps explain how the injury occurred.
Workers Being Struck By Moving Forklifts
Without barriers or a protected pedestrian route, you may be left working close to moving forklifts while concentrating on loading or picking stock. Reversing through the same space or emerging from behind racking becomes particularly dangerous when the driver’s view is restricted.
Even a reversing alarm or horn may only tell you a forklift is nearby, not exactly where it is moving. In a busy warehouse or yard, that can leave very little time to react once the truck enters the area where you are working.
Forklifts Overturning Or Tipping Over
The risk of an overturn can increase when operators are expected to take turns too quickly or are allowed to travel with the forks raised. An unevenly positioned load can further disturb the truck’s balance, particularly as it changes direction.
Once the forklift loses stability, its weight can make the movement difficult to stop. Trying to get clear can put you in the path of the tipping truck, while remaining in the cab may still leave you trapped or thrown against the controls as it comes to rest.
Falling Or Unsecured Loads
Loads can become unstable if they are poorly positioned on the forks or not supported enough for their size and shape. As the forklift moves, the goods may shift or slide into your work area, even though the truck itself never comes towards you. The danger may not be obvious until the load has already started to move, and by then part of the falling material may already be entering the area beside the truck.
Falls From Forklifts And Raised Forks
Your employer may put you at risk by asking you to work above floor level from bare forks or a platform not suitable for lifting people. Without a secure working platform, even a small mast movement can disturb your footing while you are elevated.
Changing the height or angle while you are still raised can worsen that instability. A shift beneath your feet may leave little chance to steady yourself before you fall beside the forklift or onto surrounding equipment.
Collisions With Racking, Machinery Or Other Vehicles
Forklift routes with too little clearance around storage racking can force drivers to manoeuvre through spaces with little room for error. Obstructions that narrow the route or badly planned vehicle movements can compound that risk by restricting visibility or bringing another truck into the same confined space.
A sudden collision can throw you forward against the controls even though the forklift never strikes a pedestrian. Hitting racking may also destabilise the structure and put nearby workers at risk, while contact with another moving vehicle can still injure you even if the forklift remains upright.
If your accident involved one of these forklift movements, talk with a member of our advisory team to explore your options for claiming compensation.
Who Could Be Responsible For A Forklift Injury?
Your employer could be responsible for a forklift injury if they caused it through their negligent actions, although responsibility may rest elsewhere depending on who controlled the work involved.
Can I Claim If Another Employee Caused The Forklift Accident?
Yes, you can claim if another employee caused the forklift accident by driving negligently or operating the truck unsafely while carrying out their job. In that situation, vicarious liability can make your employer legally responsible for the employee’s actions. This means you can bring the claim against the employer rather than your colleague personally.
For example, a forklift driver might reverse without properly checking behind the truck and strike you while carrying out a loading task. Here, responsibility may rest with the employer, even though your colleague’s driving led to the collision. This differs from a forklift accident linked to inadequate training or an unsafe workplace layout, where the employer’s own safety failures may instead be central to the claim.
What If I Was Partly Responsible For The Accident?
If you were partly responsible for the forklift accident, you may still be able to claim if your employer or someone else also contributed to your injuries. This can result in split liability, and your compensation may be reduced to reflect your share of responsibility. That might apply if you stepped into a forklift route without checking it was clear, while your employer failed to provide safe separation between pedestrians and moving trucks. In that scenario, both your actions and your employer’s safety failure would have contributed to the accident.
If you are unsure who should be held responsible for the forklift accident, one of our knowledgeable advisors can talk through how the work was being carried out and explain which party may need to answer the claim.
What Safety Measures Should Be In Place When Forklifts Are Used?
Forklift safety measures should control how the truck moves through the workplace and reduce the risks to employees and other persons on the floor. The Health and Safety Executive (HSE) is Great Britain’s national regulator for workplace health and safety, and its guidance explains how lift trucks and workplace transport should be managed safely.
Important forklift safety measures can include:
Keeping pedestrians away from moving forklifts where possible
In a busy warehouse or yard, workers should not have to rely only on hearing or seeing a truck at the last moment. The HSE’s
workplace transport guidance
discusses separating people from vehicles through suitable routes and site layout.
Making sure drivers can see where they are going
Poor visibility can become a serious problem when a forklift is reversing or moving around stored goods. Where visibility is restricted, mirrors or warning systems may be needed to help reduce the risk.
Using a forklift that is suitable for the work being carried out
The truck should be appropriate for the environment and the task it is used for.
Keeping the forklift in a safe condition
Mechanical faults can make the truck harder to control. Regular checks and maintenance can reduce the chance of a defect contributing to an accident.
Managing lifting operations safely
When a forklift is used to lift materials, employers must plan the work so the load can be handled without creating unnecessary risk. The
Lifting Operations and Lifting Equipment Regulations 1998
apply to this lifting work.
These measures can become important in forklift accident claims because the cause of an accident may lie in the wider way the forklift operation was managed, not simply in one moment of driver error.
Do Forklift Operators Need Training?
Yes, forklift operators need adequate training before they use a lift truck at work, including instruction on how to control the truck safely and supervised practice in the workplace where it will be used. The HSE explains that lift-truck training should normally develop through 3 stages. Basic training teaches the operator the essential skills needed to control the truck safely. This should then be followed by training that reflects the particular forklift and the work the employee will actually carry out. Familiarisation should take place in the workplace under close supervision, allowing the operator to put those skills into practice in the environment where they will be working.
This is different from holding a “forklift licence.” There is no formal driving licence for lift trucks in the same sense as there is for road vehicles, although an employer should still authorise an operator to use the truck once they have been appropriately trained.
Do you have questions about how the operator’s training or authorisation may relate to a potential claim? Our advisors can discuss what happened and explain what evidence may be relevant.
What Injuries Can Forklift Truck Accidents Cause?
Forklift truck accidents can cause injuries ranging from fractures and crush damage to life-changing brain or spinal trauma. In the most serious cases, the effects can be life-changing, as outlined below:
Crush injuries
Being trapped beneath a forklift or pinned against racking can damage nerves and surrounding tissue, with extensive crushing sometimes resulting in amputation.
Head and brain injuries
Blows to the head during a forklift collision or overturn can cause concussion or a traumatic brain injury that affects memory and concentration.
Spinal injuries
The force of being struck or pinned by a forklift may damage the vertebrae and spinal cord, leaving persistent weakness or restricted mobility.
Fractures
Displaced or complex fractures can occur if a forklift knocks you down or traps a limb beneath a wheel, with some breaks requiring surgery.
See how compensation for broken and fractured bones may be assessed.
Can I Claim After A Fatal Forklift Accident?
Yes, you can claim after a fatal forklift accident if someone else’s negligent conduct caused your loved one’s death and you are legally entitled to act on their behalf or qualify as a dependant. Losing someone in a workplace accident can leave you dealing with difficult practical and financial consequences alongside the bereavement itself. If you would like more detail about who may be entitled to bring a case, our guide to fatal accident at work compensation claims explains this in more depth.
One of our advisors can also talk through your circumstances and explain what the next steps for your family may involve, so please reach out when you feel ready.
How Much Compensation Could I Receive After A Forklift Accident?
The amount of compensation you could receive after a forklift accident will depend on the severity of your injury and the extent of any lasting effects. In forklift accident claims, the amount awarded can also reflect financial losses caused by the injury.
Compensation for the physical and psychological harm you suffered is known as general damages. When assessing this, legal professionals may refer to the Judicial College Guidelines (JCG). This publication provides guideline compensation brackets for different injuries, which can be considered alongside medical evidence when considering how much compensation may be appropriate in forklift accident claims.
The figures below are examples from the latest edition of the JCG, except for the first row. They are provided as guidance only.
| Injury | Notes | Guideline Compensation |
|---|---|---|
| Multiple severe injuries and related expenses | More than one injury of a severe nature, plus costs including lost wages, rehabilitation, care and home adaptations. | Up to £1 million + |
| Very severe brain damage | Very serious brain damage involving profound disability and a need for full-time nursing care. | £372,570 to £533,720 |
| Loss of both arms | Amputation of both arms resulting in a very high level of physical dependence. | £318,120 to £396,340 |
| Serious and permanent damage to both kidneys | Permanent loss of, or serious damage to, both kidneys. | £223,800 to £277,980 |
| Amputation of both feet | Loss of both feet, with the resulting loss of useful ankle function. | £223,800 to £266,200 |
| Complete loss of function in the wrist | Injuries resulting in total loss of wrist function, such as where arthrodesis has been required. | £62,910 to £79,080 |
| Less serious leg injury with incomplete recovery | A leg fracture that leaves lasting problems such as impaired mobility or an altered gait. | £23,730 to £36,680 |
| Simple fracture of the forearm | A straightforward fracture affecting the forearm. | £8,730 to £25,370 |
| Modest foot injury | Injuries such as uncomplicated fractures or ligament damage, with the award depending on the extent of recovery. | Up to £18,150 |
| Moderate shoulder injury | A frozen shoulder or comparable injury causing restricted movement, with symptoms persisting for around two years. | £10,420 to £16,870 |
What Financial Losses Could My Forklift Injury Compensation Cover?
Loss of earnings and expenses linked to your recovery are some of the financial losses that forklift injury compensation could cover. These may be claimed as special damages where linked to the injury, and can include:
- Loss of earnings from forklift duties. If you can return to work but your injury means you can no longer drive lift trucks safely, your claim may take account of lost income and a longer-term reduction in your earnings.
- Retraining for a different type of work. A serious crush injury or permanent mobility restriction may mean you can no longer operate a forklift safely. The cost of training for another occupation may be recoverable where a change of career becomes necessary.
- Treatment and rehabilitation costs. Where a forklift accident causes a substantial physical injury, privately funded treatment required as part of the recovery may be included in the claim.
- Care or accessibility costs following permanent disability. If the accident leaves you with substantial mobility problems, compensation may account for necessary support or changes to your living arrangements.
When claiming for the financial impact of your injuries, you must keep records of these losses, such as receipts. If you want to understand how your forklift injury could affect the value of a claim, one of our advisors can explain which losses may be relevant to your circumstances.
What Could Help Prove A Forklift Accident Claim?
Workplace records could help prove a forklift accident claim by preserving how the incident happened and showing how the truck was being used at the time. Useful evidence for forklift accident claims may include:
- The workplace accident report. An entry made shortly after the incident can preserve how the forklift accident was first recorded, including where the truck was operating and whether you were on a marked pedestrian route or within the vehicle movement area when struck.
- CCTV and photographs from the work area. Footage from a loading bay or warehouse yard can capture the forklift’s route, while photographs may highlight its final position against nearby racking or how close it came to a marked pedestrian route before the scene is cleared.
- Forklift and operator records. Maintenance or inspection records can detail whether faults affecting the brakes or steering were identified before the accident, while training documents may clarify whether the driver was authorised to use that type of forklift. If goods shifted or fell from the forks, load‑related records can show whether the weight was within the forklift’s rated capacity and how the items were positioned before the truck moved.
- Witness details. Someone working nearby may have seen the forklift enter a pedestrian area or approach a blind corner just before you were injured, so keeping their name and contact information lets your solicitor approach them later for a statement if needed.
Not every forklift accident will produce the same evidence. Medical records can also be important because hospital or GP notes may document injuries caused by the force of being struck or pinned by a forklift, helping connect the harm being claimed to the workplace accident. Once a solicitor from our panel understands the incident’s circumstances, they can identify which records are likely to matter.
How Long After A Forklift Accident Can I Claim?
You will generally have 3 years to claim after a forklift accident, running from the date of the incident. This is referred to as the limitation period, but different rules apply in some circumstances.
As time limits can determine whether a claim can proceed at all, it is better not to leave enquiries until the end of the 3-year period. If you have records from a forklift accident but are unsure what they show or whether you are still within the relevant time limit, one of our advisors can help you understand what may be useful before the claim moves any further.
How Legal Helpline Can Support Your Forklift Accident Claim
If you have an eligible case, Legal Helpline can connect you with a solicitor from our panel who can manage the more technical issues that may arise in forklift accident claims as the case progresses.
A solicitor from our panel could:
- Separate driver error from a wider problem with the forklift operation. An accident may initially be blamed on one manoeuvre by the operator. Your solicitor can examine whether the incident instead points to a broader problem with how lift-truck work was organised at the site.
- Examine whether the forklift was suitable for the task. They can consider whether the truck itself was appropriate for the work it was being used to carry out.
- Deal with cases involving more than one business. Where another company was involved in the forklift operation, your solicitor can work out how that affects the way the claim should proceed.
- Arrange specialist technical input where the forklift operation is disputed. If there is a technical question about how the truck behaved during the accident, a solicitor from our panel can instruct an appropriately qualified expert to analyse it.
- Challenge an account that does not match the forklift’s movement. If the defendant’s version of events is inconsistent with the way the truck could have moved during the incident, a solicitor from our panel can test that account as the claim develops.
If the circumstances of your forklift accident are more complicated than they first appear, one of our experienced advisors can explain how a solicitor from our panel could take the case forward.
Could I Claim On A No Win No Fee Basis?
Yes, you could make a forklift accident claim on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This is the type of agreement that the solicitors on our panel will use to provide their services.
Under this arrangement, you do not pay service fees upfront to your solicitor or as the claim progresses. You will also not pay these fees if your claim is not successful. If the claim succeeds, your solicitor will deduct a success fee from your compensation. That deduction is a percentage that is subject to legal limits.
Contact Legal Helpline
Whether you want to discuss your situation confidentially or learn more about how forklift accident claims work, one of our advisors is here to help. Simply get in touch online or by telephone, and they can assess whether you have a case to claim compensation. If you can proceed, they may be able to connect you with one of the solicitors on our panel.
Learn More
Here are some more useful guides from Legal Helpline:
- Read our wider guide to personal injury compensation for more information about how personal injury claims can work.
- Learn more about your rights after a workplace accident in our guide to accident at work employee rights.
- Find out how workplace risks should be managed in our explanation of the Management of Health and Safety at Work Regulations 1999.
These external resources could prove useful:
- The NHS provides information about head injuries and concussion.
- GOV.UK, through the Department for Work and Pensions, explains how fit notes are used.
- The HSE has guidance on rider-operated lift trucks.
Thank you for reading our guide to forklift accident claims.