When Could You Make A Workplace Forklift Accident Claim?
Workplace Forklift Accident Claim Guide
This guide will explore how you could make a workplace forklift accident claim after being injured at work. Further down in this guide, we’ll also explore the compensation types you may be entitled to following a successful workplace accident claim.
When you are at work, your employer owes you a duty of care to take all reasonably practicable steps to keep you safe from injury. When this duty of care is not adhered to, and workplace accidents occur that cause injury this amounts to employer negligence.
To learn more about the potential eligibility of your claim, or if you want to start your personal injury claim, you can contact us by using the details provided below to discuss this further with our team of advisors. You can understand how much your workplace accident could be worth in just one call.
You can contact us by:
- Entering your details into the Contact Us section of our website
- Calling us on 020 3870 4868
- Talking with one of our advisors by using the Live Support feature
Select A Section
- When Could You Make A Workplace Forklift Accident Claim?
- How Could A Forklift Accident Injure Someone?
- Proving Your Employers Liability
- Calculating Compensation For Workplace Forklift Accident Claims
- Check How To Start Your No Win No Fee Workplace Forklift Accident Claim
- Learn More About Claims For Accidents At Work
When Could You Make A Workplace Forklift Accident Claim?
You could be eligible to make a claim if you can prove the following:
- Your employer owed you a duty of care
- Showing that this duty of care has been/was breached
- This breach caused you to be injured,
- You are within the time limits suitable to start a personal injury claim.
Under The Health And Safety At Work etc. Act 1974, employers owe each employee a duty of care. This means that employers must take practical and reasonable steps to keep employees safe while they are at work. Providing maintained equipment, carrying out risk assessments, reducing or mitigating risks, and providing personal protective equipment PPE for employees to do their job safely is all part of an employer’s responsibility.
If an employer fails to apply this duty of care, which causes an employee to become injured, this is known as negligence.
Examples of employers’ negligence resulting in employees being injured include:
- An employer provides inadequate training to employees, resulting in them being injured whilst using a forklift.
- An employer fails to provide regular maintenance to a forklift, resulting in it malfunctioning and injuring another worker.
Workplace Forklift Accident Claim Time Limits
In this section, we’ll be discussing the accident at work claim time limit, as per The Limitation Act 1980, You’ll generally have three years to make claims for accidents at work. This can be from:
- The date of your injury
- The date that you realised that your injury was caused by negligence.
There are exceptions to this rule, though. To learn more about the exceptions to the time limits set when making an accident at work claim, you can use the contact information above to discuss this further with our team of advisors.
How Could A Forklift Accident Injure Someone?
Forklifts are very useful as they help transport heavy and bulky items around warehouses and can be used in construction also. It is important that whoever uses a forklift has had training on how to operate it safely. It is also vital that any equipment used in the workplace is well maintained and in a good state of repair to be used safely.
Below we look at ways accidents could occur with a forklift truck:
- An employee has had no training on how to stack the forklift correctly. They add too much weight to one side, which caused the forklift to topple over.
- The driver is not paying attention when driving the forklift, and it collides with another employee.
- The forklift has not been maintained. The faulty brakes cause the driver to crash into a nearby wall.
What Injuries Could Be Caused In A Forklift Accident?
- Broken or fractured bones
- Soft tissue injuries
- Sprains and strains
- Brain and head injuries
- Nerve damage
- Dislocations
- Tendon or ligament injuries
We’ll discuss the types of compensation you may be entitled to following a successful personal injury claim further down in this guide.
Proving Your Employers Liability
The types of evidence you can use to prove that employer negligence resulted in your injury include:
- CCTV footage of the accident taking place or photographs of the immediate scene, the injury, or the cause of the accident.
- Keeping a diary of your treatment and any symptoms you’ve experienced as a direct result of your injury.
- Getting medical care and asking for copies of the records. This could include, a copy of your X-ray
- Taking contact details of witnesses of your accident
If you’re struggling with collecting evidence, then a solicitor from our panel could help you collect any evidence necessary to make a successful personal injury claim.
Calculating Compensation For Workplace Forklift Accident Claims
After making a successful workplace injury claim you’ll be eligible to receive two different types of compensation. The first of these that we’ll discuss is general damages compensation, which aims to compensate you for any pain and suffering your injury has caused you. The figures below have been taken from the Judicial College Guidelines, which is used by solicitors to help assign value to your general damages claim.
Compensation Guidelines
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Back Injury | Severe (a) (i) | £91,090 to £160,980 | Cases of damage to the spinal cord, or nerve roots, which leads to symptoms of severe pain and incomplete paralysis |
| Back Injury | Moderate (b) (i) | £27,760 to £38,780 | Cases where residual disability causes constant pain and discomfort, probability that spinal fusion is necessary. |
| Injuries to the Pelvis and Hips | Severe (a) (i) | £78,400 to £130,930 | Extensive fractures of the pelvis, resulting in intolerable pain, and substantial residual disabilities. |
| Leg Injuries | Severe (ii) | £54,830 to £87,890 | Injuries that lead to permanent problems with mobility, and the need for crutches or other mobility aids for the rest of the injured person’s life. |
| Chest Injuries | Traumatic Chest Injury (b) | £65,740 to £100,670 | Traumatic Injury to the chest, lung(s) and/or heart, resulting in permanent damage. |
| Other Arm Injuries | Injuries resulting in permanent and substantial disablement. (b) | £39,170 to £59,860 | Serious fractures of one or both forearms resulting in significant residual disability. |
| Injuries to the Elbow | A severely disabling injury (a) | £39,170 to £54,830 | Injuries resulting in severely disabling symptoms |
| Knee Injuries | Moderate (b) (i) | £14,840 to £26,190 | Injuries that involve dislocation, torn meniscus or torn cartilage that results in instability. |
| Ankle Injuries | Moderate (c) | £13,740 to £26,590 | Fractures and tears that result in less serious disabilities that pose a risk of future osteoarthritis. |
| Foot Injuries | Modest (g) | Up to £13,740 | Simple fractures and the like that result in a permanent limp. |
Note that the figures provided above cannot be guaranteed. This is because of the many variables that must be considered when determining general damages compensation.
Could Workplace Accident Claims Be Awarded Special Damages?
Special damages are another head of claim that aims to reimburse you for any financial losses that you may have undergone as a result of your injuries. You can be awarded special damages for:
- Cost of care
- Renovations to a home in aid of recovery
- Cost of medication
- Loss of earnings
You’ll have to provide evidence to prove that you suffered financial loss as a result of your injuries. This can come in the form of bank statements, receipts, and invoices.
Check How To Start Your No Win No Fee Workplace Forklift Accident Claim
If you decide that you’d like to make your personal injury claim by using our panel of solicitors, then it’s important to note that they work under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). This type of agreement comes with a variety of different financial benefits, which we’ll discuss in more detail below.
Firstly, you won’t be expected to pay any upfront or ongoing fees for your legal representation. As well as this, if you’re unsuccessful in your claim, you won’t be expected to pay anything for your legal representation.
However, in the case that you’re successful in your claim, you’ll be expected to pay a success fee. This is a predetermined amount that is legally capped and is discussed between you and your solicitor before you begin to receive legal representation.
Contact Us
If you have any further questions about how to make a workplace injury claim or simply want to begin your personal injury claim, then you can do so by using the contact information below. In just one call, you can find out the eligibility of your workplace forklift accident claim, and the necessary steps you’ll have to take to receive compensation.
You can contact us by:
- Entering your details into the Contact Us section of our website
- Calling us on 020 3870 4868
- Talking with one of our advisors by using the Live Support feature
Learn More About Claims For Accidents At Work
If you’d like to learn more about how to make a workplace forklift accident claim, you can read more of our guides below:
- How do I know if my employer is responsible for a workplace injury?
- Do you have to be an employee to make a workplace injury claim?
- Who could be eligible to make a workplace accident claim?
Alternatively, you can follow the below links to learn more:
