By Megan Tanner. Last Updated 27th January 2023. This guide will explain how to make a forklift accident claim for injuries you sustained at work as a result of your employer’s negligence. We understand the process of claiming may seem complex, however, this guide could help you understand the steps you can take to seek compensation.
There are various risks in the workplace that could cause you harm if reasonable steps are not taken by your employer to protect your safety and wellbeing. We have provided examples of injuries sustained in forklift accidents caused by your employer’s negligence as a way to help you understand whether you’re eligible to claim.
Furthermore, we have explored the evidence you could gather to help when seeking compensation for your injuries and any financial losses.
Whilst we have aimed to provide the information you need in this guide, you may still have questions. If so, please contact our advisors to discuss your claim. They can assess whether you’re eligible to seek compensation. If you are, they could pass your case to a No Win No Fee solicitor from our panel to represent your claim.
Get in touch with our advisors by:
- Calling the number above.
- Using the live chat feature below.
- Filling out our online contact form.
A guide to making a forklift accident claim
Could I Make A Forklift Accident Claim?
You might be able to make a forklift accident claim if your employer’s negligence resulted in you sustaining an injury. The Health and Safety at Work etc. Act 1974 (HASAWA) is legislation that outlines the duty of care that employers owe their employees. For example, providing free and suitable training to their employees to maintain a safe working environment.
To make a personal injury claim, you must be able to prove that your injury was caused by your employer breaching their duty of care. If you were injured because of your own actions, then you will not be able to submit a claim.
Contact our advisors for more information today to find out whether you’re eligible to begin a claim for compensation.
Forklift Accident Statistics
As per the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), employers have a responsibility to report certain accidents and injuries that occur at work.
According to these reports, in 2020/21, there were 51,211 non-fatal injuries to employees. Of these, 37,111 employees required over 7 days off work. Furthermore, 1,860 non-fatal injuries were caused by being struck by a moving vehicle.
Additionally, employer reports highlighted that there were 3,464 non-fatal injuries in the construction industry.
These figures are provisional but do give an insight into the frequency with which workplace injuries take place.
How Much Are Forklift Accident Claims Worth?
Following a successful claim for a forklift accident, your compensation settlement may consist of general and special damages. General damages compensate you for the pain and suffering your injury has caused you, including how it has impacted your quality of life. You will need to provide medical evidence about your injury in order to successfully claim for general damages.
Below are some examples of forklift accident payouts for general damages. The figures have been taken from the most recent edition of the Judicial College Guidelines (JCG), published in April 2022. We have used the JCG’s figures as it lists compensation brackets for various physical and mental injuries at different severity levels. The JCG is also used by many legal professionals, such as solicitors, to help them value claims.
Please only use this table as a guide. How much compensation you could receive may be affected by the various factors of your claim.
| Injury | Notes | Compensation |
|---|---|---|
| Moderate brain damage (c) (iii) | Damage to the brain that affects concentration and memory as well as reducing the ability to work. | £43,060 to £90,720 |
| Severe knee injuries (ii) | A leg fracture that has extended into the knee joint and causes constant pain. | £52,120 to £69,730 |
| Moderate back injury (b) (ii) | Disturbed muscles and ligaments in the back that result in backache. | £12,510 to £27,760 |
| Moderate knee Injuries (b) (i) | Injuries such as dislocation and cartilage/meniscus tears that result in minor instability. | £14,840 to £26,190 |
| Moderate neck injury (b) (ii) | Dis lesions, soft tissue or wrenching-type injuries that result in limited movement and recurring pain. | £13,740 to £24,990 |
| Modest ankle Injuries (d) | Sprains, ligamentous injuries or undisplaced fractures. Whether a full recovery has been made will affect how much is awarded. | Up to £13,740 |
| Moderate hand injury (h) | Injuries in this bracket might include penetrating wounds, crush injuries, soft tissue damage and lacerations. | £5,720 to £13,280 |
| Less serious leg injuries (c) (iii) | Fractures to the tibia or fibula that are simple or soft tissue damage. | Up to £11,840 |
| Minor shoulder injury (d) (i) | Soft tissue injury with pain that's considerable but a near-complete recovery in less than 2 years. | £4,350 to £7,890 |
| Wrist injuries (f) | Injuries such as very minor undisplaced fractures that make a full recovery within a year. | £3,530 to £4,740 |
Special damages compensate you for the financial losses you have suffered due to your injury. These might include:
- A loss of earnings, both past and future.
- Travel expenses to medical appointments.
- Care costs.
- Medical expenses, such as having to pay for physiotherapy.
To be able to claim back these financial losses, you will need to provide evidence of them. This could include receipts, payslips, or invoices.
Contact our advisors today for more information regarding forklift accident claims. Additionally, our advisors could offer you free legal advice concerning your particular claim. If they believe you could be eligible for compensation, they could connect you with our experienced panel of solicitors who could help you with your claim.
Examples Of Accidents Involving Forklifts
To make a forklift accident claim you must prove your employer breached their duty of care and caused you physical or psychological harm as a result.
HASAWA lays out the general steps an employer can take to reasonably ensure workplace safety. For example, they should provide adequate training and perform regular risk assessments to identify and address any hazards.
However, there are instances where they might fail to fulfil their duty causing employees to suffer from different injuries. Examples of how an employer could breach their duty of care and cause a forklift accident might include:
- Your employer may have failed to provide you with adequate training to operate a forklift truck. As a result, you may have crashed into another employee causing them and yourself multiple injuries such as fractures and lacerations.
- Your employer may have failed to carry out regular inspections of machinery to ensure it was safe for employees to use. As a result, you may have been unable to stop the forklift truck due to faulty brakes causing you to sustain a severe head injury.
If you have experienced a similar incident of employer negligence that caused you harm, please call our team. They can discuss whether you’re eligible to seek compensation for your injuries.
Evidence For Successful Forklift Injury Claims
Evidence is an important part of proving whether your employer was at fault for your injury. It can also help you build a strong claim and show how you were injured. Examples of evidence you could obtain might include:
- Medical records – Seeking medical attention for your injuries can ensure you receive the correct treatment and diagnosis. It also provides medical records that can provide details on your condition.
- Workplace accident book – Workplaces with 10 or more employees should provide a workplace accident book. Details of the accident and your subsequent injuries should be noted down in the book. This excerpt can be used as evidence when you make your claim.
- CCTV footage – You can ask your employer for CCTV footage, if applicable.
- Pictures – This could include pictures of the injury and accident site.
- Witness details – Collect witness contact details from people who would be willing to provide a statement later on.
You could hire a No Win No Fee solicitor to help you gather evidence that’s relevant to your claim. If this is something you are interested in, speak with one of our advisors. They could assign a solicitor from our panel to represent your forklift accident claim provided it has a chance of succeeding.
How Much Of A Difference Does A No Win No Fee Agreement Make?
There are many benefits to hiring a solicitor who offers No Win No Fee arrangements, as they require no upfront costs or ongoing costs during the course of your claim.
Furthermore, you won’t need to pay a success fee from your compensation if your claim is unsuccessful. If your claim does succeed, this fee will be taken from your compensation as a legally capped percentage.
The solicitors on our panel all operate on this basis and one of them could take on your forklift accident claim to help you seek compensation. To find out whether a solicitor from our panel could begin working on your case, get in touch by:
- Calling the number above.
- Using the live chat feature below.
- Filling out our online contact form.
Make A Forklift Accident Claim
We have provided some additional resources below.
- NHS – When should you call 999?
- Government – Statutory Sick Pay (SSP)
- HSE – Workplace statistics
We hope this guide on making a forklift accident claim has helped. However, if you need any additional information please don’t hesitate to contact our team on the number at the top of the page.
