Forklift Crash At Work – Can I Claim Compensation?
By Cat Reeves. Last Updated 11th May 2023. Our guide explains what a forklift crash is and outlines the duties your employer owes you as a part of the Health and Safety at Work etc. Act 1974. We also explore your rights after an accident at work and in what circumstances a forklift crash can occur.
Additionally, we examine statistics about work-related accidents and when you may be eligible to claim compensation for a forklift crash in which you have been injured. Moreover, we cover the time limit often applied to accidents of this nature and what resources may be used when valuing your injuries.
We explore the different injuries you could sustain from this work accident and how special damages could also be another form of financial compensation you could claim. We detail the benefits of a No Win No Fee claim and the typical structure of these agreements.
Please continue reading if you want to learn more about claiming for a forklift crash. Alternatively, you can get in touch with us using the methods listed below:
- Speak to our team of advisors for free legal advice by calling us on 020 3870 4868
- Contact us through our online form
- Use our live chat feature
Select A Section
- What Is A Forklift Crash?
- Forklift Health And Safety Rules
- Causes Of Forklift Crashes And Accidents
- Am I Eligible To Claim For A Forklift Crash?
- Estimated Payouts For Forklift Crashes At Work
- No Win No Fee Forklift Crash Claims
A forklift is primarily used for lifting and moving heavy objects on a construction site or in a warehouse. A forklift crash is an unexpected incident that means the vehicle has collided with another vehicle, static object or pedestrian.
If you sustain injuries from this, you may be eligible to claim compensation for your work-related injury. Your employer has a responsibility to ensure your welfare whilst working. If inadequate training is given, for example, this could lead to a forklift crash if you are not equipped to operate the vehicle safely.
In the workplace, your employer owes you a legal duty to take reasonable steps to keep you safe. This is outlined in the Health and Safety at Work etc. Act 1974. There are other pieces of legislation that an employer must also adhere to:
- The Lifting Operations and Lifting Equipment Regulations 1998.
- The Provision and Use of Work Equipment Regulations 1998.
The Health and Safety Executive provides guidance on rider-operated lift trucks in their Approved Code of Practice guide. This offers advice on the safe operation of vehicles.
A forklift crash can happen in numerous ways. For example:
- You may have been given inadequate training.
- A lack of regular and thorough maintenance could lead to the forklift malfunctioning and causing a crash.
- The forklift truck may have been loaded incorrectly, causing it to overturn.
Construction Accident Statistics
According to statistics provided by the Health and Safety Executive, 59,000 non-fatal injuries took place on construction sites between 2019 and 2022, which required reporting under RIDDOR – Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
- Injuries from handling, lifting, or carrying were 18% of injuries on construction sites and 19% in all industries.
- Injuries from being struck by a moving or falling object made up 12% of the injuries sustained on construction sites and 10% in all industries.
- On average, lift trucks are involved in around a quarter of all workplace vehicle accidents.
Your employer has a legal duty to take reasonably practicable steps to ensure your safety in the workplace. If you sustain injuries because this duty has been breached, your employer may be responsible, and you could be eligible to claim compensation. You must prove:
- Your employer owed you a duty of care
- They breached this duty
- This breach caused your injuries
Furthermore, you should also be within the time limit when making a claim for your accident at work. The Limitation Act 1980 states that you will generally have three years from the date of your accident or from the date you became aware of your employer’s negligence in your forklift crash.
When claiming compensation for your injuries, evidence will be significant in proving your employer’s negligence. This could include:
- CCTV footage
- Witness contact information
- Photographs of the injuries and a copy of medical records
When claiming for your forklift crash, you may wonder what compensation you could be entitled to. The Judicial College Guidelines provide compensation brackets showing the potential payouts that could be awarded, as shown in the table below.
However, these figures are not guaranteed and should only be used as a guide. The outcome of your settlement may vary in comparison.
You could also use a personal injury compensation calculator, which can give you a rough overview of the payout you could receive. However, these typically do not include factors that could be otherwise considered in your claim, so the figures should also be used only as a guide.
|Head||Moderately Severe (b)||There is a substantial dependence on others as the person is severely disabled.||£219,070 to £282,010|
|Neck||Severe (a) (i)||This includes incomplete paraplegia or little/no movement in neck despite collar wear.||In the region of £148,330|
|Neck||Moderate (b) (ii)||These are soft tissue or wrenching-type injuries which can seriously limit movement.||£13,740 to £24,990|
|Leg||Severe (i)||This is just short of amputation and can include extensive degloving of the leg, a gross shortening of the leg, or where extensive bone grafting has taken place.||£96,250 to £135,920|
|Leg||Less Serious (i)||A person has suffered but reasonably recovered from a fracture or soft tissue injury.||£17,960 to £27,760|
|Back||Severe (a) (iii)||Injuries covering disc lesions or fractures of vertebral bodies causing severe pain and impaired agility.||£38,780 to £69,730|
|Back||Moderate (b) (ii)||This includes disturbance of ligaments and soft tissue injuries that impact a persons ability to function daily.||£12,510 to £27,760|
|Arm||Less Severe (c)||Significant disabilities but the person is largely recovered or expected to.||£19,200 to £39,170|
|Shoulder||Serious (b)||Damage to the brachial plexus and dislocation of the shoulder causing pain and sensory symptoms.||£12,770 to £19,200|
|Shoulder||Moderate (c)||The shoulder has limited movement with discomfort and symptoms persisting for two years.||£7,890 to £12,770|
When looking into compensation amounts, you may wonder about the types you could claim for. General damages tend to cover the pain you have endured due to your injuries.
Special Damages For Forklift Accident Claims
Following a successful claim for a forklift crash, you may also be entitled to special damages. These aim to compensate you for the financial losses you experience as a result of your injuries. Some of the financial losses you could be compensated for in successful forklift accident claims include:
- Lost earnings.
- The cost of home adjustments.
- The cost of mobility aids.
- Childcare costs.
- Prescription costs.
However, you will need to provide evidence of these losses, such as bank statements, payslips and invoices.
To learn more about the forklift truck accidents claims process, contact our team of advisors today.
When making a claim for a forklift crash, you may be interested in hiring a solicitor on a No Win No Fee basis. If your claim is unsuccessful, you will not be required to pay for your solicitor’s services.
A popular type of this is a Conditional Fee Agreement. You will usually not pay your solicitor for their services if your claim is unsuccessful; however, if your claim is successful, your solicitor may take a success fee.
A success fee is an amount a solicitor may deduct from your compensation. Despite this, the Conditional Fee Agreements Order 2013 restricts the amount a solicitor can take by a certain percentage.
Contact us today to speak to our team of advisors, who can answer your queries and provide you with any further information.
Our panel of solicitors have years of expertise and could be beneficial to you in the claims process. Please don’t hesitate to contact us using the methods provided:
- Call us on 020 3870 4868
- Complete our form with your details and request a callback
- Use our live chat feature
Related Warehouse Accident Claims
Thank you for reading our guide on claiming compensation for a forklift crash at work. You can find more listed below:
- When Can I Return To Work After An Injury?
- How To Claim For An Injury Caused By No Safety Shoes At Work
- Will Suing An Employer Create Problems?
For further information, please explore the external resources provided: