Have you been injured in an accident at work that involved a forklift truck? Then this guide will take you through the process for forklift accident claims. Employers owe their employees a duty of care to ensure they take all the reasonably practicable steps to keep them safe while they carry out their work duties. Should the employer fail in their legal obligation to provide this duty of care which in turn causes you, the employee, an injury, you could be eligible to make a personal injury claim.
We will explore the eligibility criteria to claim for an accident at work as well as how much compensation you could be owed for a successful claim. Additionally, specific examples of claimable forklift accidents will be examined in conjunction with health and safety legislation. We will also look at how you can enhance your claim by gathering evidence and hiring a workplace injury solicitor.
Lastly, we will examine the benefits of appointing No Win No Fee solicitors and how they can provide their service through a Conditional Fee Agreement.
You can also get in touch with an advisor from our team who is available at all times to offer you a free consultation if you get in touch. You can do so by:
- Calling the phone number at the top of this page
- Connect with an advisor via our live chat feature below
- Contact us online
Forklift Accident Claims Guide
What Compensation Could You Receive From Forklift Accident Claims?
The compensation that may be awarded for forklift accident claims could be split into two heads of claim. General damages compensation aims to compensate you for any physical or mental pain and suffering that has been caused by your injuries.
Below we have included a table of compensation brackets that have been taken from the Judicial College Guidelines (JCG). The JCG is often used by accident at work solicitors to hone in on a value for the pain and suffering element of the claim.
It is important to use them only as guidance, though. This is because every personal injury claim is unique, which means your potential payout could be different.
| Body Part | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Head | Moderately Severe | £219,070 to £282,010 | Severe disabilities will be sustained which leaves the injured party majorly dependent on others. |
| Head | Moderate (ii) | £90,720 to £150,110 | Cases that include moderate to modest intellectual deficit which considerably lowers or removes the ability to work. |
| Arm | Amputation | £240,790 to £300,000 | The loss of both arms. |
| Back | Severe (i) | £91,090 to £160,980 | Serious injuries that involve harm to the spinal cord as well as the nerve roots. |
| Back | Moderate (ii) | £12,510 to £27,760 | Many commonly encountered injuries, for example disturbance of ligaments and muscles. |
| Neck | Severe (i) | In the region of £148,330 | Little or no movement in the neck and suffers severe headaches |
| Leg | Amputation (ii) | £104,830 to £137,470 | The above the knee amputation of one leg. |
| Wrist | Loss of function | £47,620 to £59,860 | Complete loss of function in the wrist. |
| Elbow | Severe (a) | £39,170 to £54,830 | A severely disabling elbow injury. |
Special Damages For A Forklift Accident At Work Claim
Special damages compensation, which compensates for the financial losses caused by your injuries, is the second head of claim. Examples of this include:
- Loss of earnings
- Home adaptations
- Care costs
- Medical expenses
An advisor from our team can offer you a more tailored estimate of how much compensation you could be entitled to if you get in touch.
When Are You Able To Make Forklift Accident Claims?
As previously touched on, your employer owes you a duty of care to prevent injury when in the workplace or completing work tasks. This is set out by the Health and Safety at Work etc. Act 1974 (HASAWA). Furthermore, The Provision and Use of Work Equipment Regulations 1998 can be applied to forklifts as it states the requirement for equipment to be safe to use for its intended purpose.
This means that not all injuries in the workplace may lead to a claim. For instance, your employer might have done everything within reason to prevent the injury. Alternatively, you could be responsible for your injuries.
To be eligible to claim, you must prove that you were owed a duty of care, it was breached, and you were injured as a result. For more details regarding the eligibility criteria surrounding accident at work claims, please speak with our advisors.
How Could Employer Negligence Cause A Forklift Accident?
There are a number of scenarios that could lead to forklift accident claims. Due to the nature of these accidents, the severity of your injuries could vary. Here are some examples of how they may occur due to employer negligence:
- Your employer asks you to complete a task using the forklift despite you not being given the necessary training. Due to this, you crash and suffer a head injury.
- A colleague of yours is not provided with the proper forklift training. As a result, they hit you, and you suffer a severe back injury and a hand injury.
- The forklift’s brakes are faulty, this is reported to the employer. However, the employer insists they are fine, and you are asked to move a load using the truck. Consequently, the vehicle crashes into the wall, and you endure a neck injury.
If you have been injured in an incident similar to the examples provided above, you could be entitled to claim. Please speak with our advisors for more details.
Is There A Time Limit When Claiming For An Accident At Work?
You may be wondering if there is a work injury claim time limit. According to the Limitation Act 1980, you generally have 3 years to start a personal injury claim.
However, there are certain scenarios by which this time limit may not be applicable. For those who lack the mental capacity to claim, the limitation period is frozen. During this time, a litigation friend can be appointed to make a claim on your behalf. If you regain the mental capacity to claim and no litigation friend has made the claim on your behalf, the time limit begins.
Also, if you are a minor at the time of the accident, a litigation friend can make a claim on your behalf. When you turn 18, if no claim has been made, the time limit will begin for you.
For more details as to who may qualify as a litigation friend or the accident at work claims time limit, please speak with our advisors.
How To Make A Work Injury Claim – Evidence That Could Be Used
To make forklift accident claims, it is advisable to gather as much evidence as possible to support your case. This is necessary to prove that you were injured as a result of employer negligence. You can do this in the following ways:
- Fill out the accident at work book
- Seek medical attention and keep records produced
- Keep a diary of your symptoms, treatments and their impacts. This is useful in demonstrating a psychological injury
- Take pictures of the scene of the incident
- Take pictures of your injuries
- Gather witnesses’ contact details to allow statements to be taken at a later date
If you are having trouble with this process, a solicitor from our panel can help you. Please get in touch with an advisor from our team who could set you up with one.
Use Our Panel Of No Win No Fee Solicitors To Claim For An Accident At The Workplace
The accident at work solicitors from our panel can use their vast experience to cover all bases of your claim, which could make it more robust. They could ask you to enter into a Conditional Fee Agreement (CFA) which is a type of No Win No Fee agreement.
Entering into a CFA means no solicitor payments upfront or while your workplace injury claim is ongoing. Furthermore, you will not be required to pay for the services your solicitor provides if your claim is not successful.
If your claim is a success, you will have to pay. In this circumstance, a success fee will be deducted from your compensation to be paid to your solicitor. This is capped by law, which guarantees that you take home the majority of your compensation.
As previously stated, our advisors are on call at all times to offer you free legal advice. They can assess your claim and set you up with a solicitor from our panel if you are eligible. To get in contact:
- Call the phone number at the top of this page
- Connect with an advisor via our live chat feature below
- Contact us online
Learn More About How To Make Forklift Accident Claims
We have included additional guides:
Moreover, here is some additional reading:
- GOV – Statutory Sick Pay
- NHS – First Aid
- GOV – Taking Sick Leave
Thank you for reading this guide on forklift accident claims. If you have any remaining questions, please get in touch with an advisor from our team.
