A Guide On Making A Forklift Accident Claim
Countless workplaces, from warehouses to construction sites, make use of forklifts to move and lift heavy goods. But unfortunately, not all employers follow the necessary laws and regulations, which can lead to devastating injuries. If you’ve been injured in an accident at work that wasn’t your fault, you could be eligible to make a forklift accident claim.
Key Takeaways
- You can make a forklift accident claim if you were injured because your employer didn’t follow health and safety law
- You can still claim if you’re self-employed or if you were partially to blame for the accident
- You generally have three years to make an accident at work claim
- Our panel of solicitors can help you claim on a No Win No Fee basis
Contact Us
We are here to help. Our team have years of experience in dealing with industrial accidents and accident at work claims, and can answer any questions you might have about the process. Get started today by:
- Calling us on 020 3870 4868
- Contacting us online
- Using the live chat feature
Jump To A Section
- Am I Able To Make A Forklift Accident Claim?
- How Much Forklift Accident Compensation Could I Get?
- What Can Cause A Forklift Accident To Happen?
- Can My Employer Sack Me If I Make A Claim?
- What Is The Time Limit To Make A Forklift Accident Claim?
- What Evidence Will I Need To Prove My Forklift Injuries
- Can I Claim On A No Win No Fee Basis?
- More Information
Am I Able To Make A Forklift Accident Claim?
Yes, you can make a forklift accident claim as long as your employer is at fault. This means that they need to breach the duty of care they owe you under the Health and Safety at Work etc. Act 1974 (HASAWA). This legislation states that they need to take all reasonably practicable steps to keep you safe while working.
If they fail to do this, and you suffer any kind of injury as a result, then this is known as negligence. And if you can prove that negligence occurred, then you can make a claim for a forklift truck accident.
Am I Able To Claim If I’m Self Employed?
Yes, you can still claim if you are self-employed. Self-employed workers are protected under Section 4 of HASAWA, which states that you’re still owed a duty of care if you’re using that space as a place of work. For example, if you are a plumber fixing a pipe in a warehouse and a faulty forklift overturns and causes you to suffer crush injuries, you could potentially make a claim.
What If I Was Partially To Blame?
Yes, you can still claim if you were partially to blame for the accident. This is something called a split liability claim, and it means that both you and your employer were responsible for what happened. Usually, in these kinds of claims, your compensation will be reduced in line with your responsibility: for example, if you are deemed 25% responsible, your compensation will be reduced by 25%.
Can I Claim On Behalf Of A Loved One?
Yes, you can claim compensation on behalf of a loved one by acting as their litigation friend. Usually, you can only act as a litigation friend for someone who has been injured while under the age of 18, or someone who lacks the mental capacity needed to claim for themselves. Our team can offer more information on acting as a litigation friend when you get in touch.
Fatal Forklift Injury Claims
Unfortunately, forklift accidents can result in death, which means you could potentially make a fatal accident claim under the Fatal Accidents Act 1976. However, for the first 6 months after the death, only the estate can make a claim. This can include compensation for the deceased’s pain and suffering, as well as the effect this has on their dependents, as per the Law Reform (Miscellaneous Provisions) Act 1934.
However, if the estate doesn’t make a claim on behalf of the dependents within this time, then they can start their own claim for the effect that the death has had on them.
For more information on making a fatal accident at work claim, or to learn more about pursuing forklift accident compensation, contact our team of advisors today.
How Much Forklift Accident Compensation Could I Get?
Forklift accident compensation, like all other personal injury payouts, can be made up of two heads: The first head is general damages. This is compensation that covers your physical and psychological injuries, as well as things like loss of amenity, which is the effect your injuries have had on your ability to enjoy hobbies.
When general damages are calculated, the Judicial College Guidelines (JCG) can be used to help. The JCG provides guideline compensation brackets that can be used as a reference in settlement negotiations, and you can find some examples of these below. However, please note that these aren’t guaranteed amounts, and the first entry in this table isn’t from the JCG.
| Injury | Compensation |
|---|---|
| Multiple severe injuries combined with special damages, such as lost earnings or the cost of mobility aids | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderate Brain Damage (ii) | £110,720 to £183,190 |
| Severe Arm Injuries (i) | £117,360 to £159,770 |
| Severe Back Injuries (ii) | £90,510 to £107,910 |
| Severe (iii) Neck Injuries | £55,500 to £68,330 |
| Chest Injuries (c) | £38,210 to £66,920 |
| Severe Ankle Injuries | £38,210 to £61,090 |
| Severe (iii) Knee Injuries | £31,960 to £53,030 |
| Simple Fractures to Tibia or Fibula or Soft Tissue Injuries | Up to £14,450 |
Can I Claim For Financial Losses?
Yes, you can claim back any financial losses caused by your injuries under special damages. This is the second heading that can make up your claim, and it can help you cover the cost of things like:
- Lost earnings
- Mobility aids
- Professional nursing care
- Medical expenses, like prescriptions
- Home adjustments
- Childcare
- Domestic help
However, it’s important to note that you’ll need to provide evidence in order to claim back your financial losses. You can do this by keeping bills, invoices, and receipts related to your injuries.
Who Is Liable For Paying My Compensation?
Your compensation doesn’t come from your employer’s pocket, but instead from their Employer’s Liability insurance (EL). A lot of people worry that if they make an accident at work claim, then they’ll be putting their employer in a difficult position, especially if they work for a small business. But this is a common misconception. Most employers are required by law to have EL insurance, so you can rest assured that they won’t have to pay out of pocket.
Would you like to learn more about forklift accident compensation? Contact our team of advisors today to learn more about what you could receive, or keep reading to find out how a forklift truck accident can happen.
What Can Cause A Forklift Accident To Happen?
There are many ways that a forklift accident can happen, but it’s important to remember that you can’t claim without proving that negligence has occurred. Some examples of how your employer breaching their duty of care could cause an accident include:
Lack Of Training
Employers are expected to provide free training for employees whenever it’s needed for them to do their job safely. If your employer knows that you aren’t trained to use a forklift but tells you to anyway, this could cause you to use it wrong, resulting in the truck overturning and causing a severe head injury.
Defective Forklift
Your employer is responsible for maintaining equipment like forklifts. If they know that a certain truck has faulty brakes but ask you to use it anyway without getting it fixed, this could cause a serious collision, resulting in broken bones, cuts, and even amputations.
Unsuitable Traffic Routes
Your employer should make sure that there are suitable traffic routes for any vehicles in the workplace, including forklifts, cherry pickers, and trucks. If there are no safe walkways, this could lead to you being hit by a forklift, resulting in serious injuries like brain damage.
These are only a few examples of how a forklift accident claim could come about. Keep reading to learn more, or contact our team today to get started.
Can My Employer Sack Me If I Make A Claim?
No, your employer can’t sack you solely for making a claim. This is because you have a legal right to claim compensation if you’ve been a victim of negligence in the workplace.
Our team of advisors can provide more information on your employer’s responsibilities and your rights when you get in touch today.
What Is The Time Limit To Make A Forklift Accident Claim?
You usually have three years to make a forklift accident claim, as per the Limitation Act 1980. But don’t worry if you’ve fallen outside of the accident at work time limit: you may still be able to claim. This is because there are some built-in exceptions to the rule, which apply to:
- Those under the age of 18: If you were injured while under 18, then a litigation friend can claim for you at any point until your 18th birthday. After that, you’ll have until your 21st birthday to claim for yourself.
- Those who lack the mental capacity to make their own claim: In this case, there is no time limit, and a litigation friend can start a claim at any time. The three-year limit only applies if they recover the needed capacity.
If you’d like to find out whether you are within the time limit for making a forklift accident claim, contact our team of helpful advisors today.
What Evidence Will I Need To Prove My Forklift Injuries
Evidence is crucial when you’re making an accident at work claim, as you need to be able to prove that negligence occurred. To do this, you can use evidence like:
- Photographs: This can include pictures of your visible injuries, as well as pictures of the accident site
- CCTV footage: If your workplace is equipped with CCTV, you can request the footage to be used as evidence
- Medical reports: Your medical records and the results of an independent medical assessment can both be used to support your claim
- Witness contact details: Taking the contact details of potential witnesses allows their statements to be taken at a later date.
- Accident book logs: Recording your accident in the accident book means that there is a permanent record of what happened, and it can also be used as evidence in your forklift injury claim
Do I Have To Attend A Medical?
You might be asked to attend an independent medical assessment to help calculate how much compensation you are owed. Don’t worry; if you choose to work with a solicitor from our panel, they can arrange this appointment for you, and will make sure that it’s local and at your convenience.
Will I Need To Take My Employer To Court?
No, court isn’t always necessary when you’re making an accident at work claim. This is because not all personal injury claims go to court; Cases can settle outside the courtroom if both sides can come to an acceptable agreement.
Learn more about the personal injury claims process by getting in touch. Or, keep reading to find out how a solicitor from our panel could help you make a forklift accident claim.
Can I Claim On A No Win No Fee Basis?
Yes, you can make a forklift accident claim by working with a solicitor on a No Win No Fee basis. We always recommend seeking legal advice before starting a claim, as it can make the claims process feel significantly less complex. Our panel of accident at work solicitors are experts in personal injury law, and have helped countless people from all over the country secure the compensation they deserve.
Plus, our panel all work under something called a Conditional Fee Agreement (CFA). This is a kind of No Win No Fee contract that allows you to benefit from all of their high-quality services, with:
- No payment upfront
- None as your claim is ongoing
- No fees for their work at all if the claim fails
If you are successful and receive compensation, then a success fee will be taken by your solicitor. This is a small percentage of your compensation, and the percentage itself is legally capped. The legal cap is in place to ensure that all fees are fare, and that you keep the majority of what you receive.
Get In Touch With Our Team
Our team of advisors are here to help. Get in touch with us today to learn more about forklift accident compensation claims by:
- Calling us on 020 3870 4868
- Contacting us online
- Using the live chat feature
More Information
For more helpful accident at work claim guides:
- Learn how to claim for an accident at work caused by oil
- Find out how to claim for a car accident at work
- Get help making a claim for a scaffolding accident at work
Or, for further resources:
- Information on vehicles in the workplace from the Health and Safety Executive (HSE)
- Learn how to request CCTV footage of yourself from GOV.UK
- Get help with first aid from the NHS
Thank you for reading our guide on how to make a forklift accident claim.
