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Forklift Accident Claims – How Much Compensation Can I Claim?

Forklift trucks are a great way to move and stack heavy loads in warehouses, building sites or distribution centres. When used correctly, they can make businesses much more efficient. However, when things go wrong, they can lead to serious injuries to staff, visitors and members of the public. As such, if you’re injured by a forklift truck, you may be entitled to compensation by filing a forklift accident claim against the responsible party.

If you are thinking about claiming, we have expert personal injury solicitors who can help. A claims advisor will start by reviewing your case for free and explain your options during a free initial consultation. If it looks like you might be entitled to compensation, we’ll connect you to a personal injury solicitor who can file your forklift accident claim on a No Win, No Fee basis. As a result, there won’t be any solicitors fees payable in advance. Furthermore, there won’t be anything to pay unless you’re paid compensation for your injuries.

You can call our advisors now on 0800 652 1345 if you’d like to assess your chances of being compensated. Alternatively, we’ll provide more information on forklift accident claims throughout the rest of this article.

Am I Entitled to Compensation for a Forklift Accident?

For a personal injury lawyer to take on a forklift accident claim, they will typically consider three key questions:

  1. Were you owed a legal duty of care by the defendant (usually an employer or business)?
  2. Did a negligent act lead to the forklift accident, meaning the duty of care was breached?
  3. Did you sustain injuries as a result of the accident?

If you answered yes to all three, you could be entitled to compensation. However, it might not always be obvious whether you were owed a duty of care. Various laws help establish this, and your solicitor will determine which applies to your case.

For instance, employers have a legal duty to keep staff safe under the Health and Safety at Work Act 1974. This includes ensuring forklift drivers are properly trained, maintaining equipment, and enforcing workplace safety rules.

Common Examples of Forklift Truck Accident Claims

A forklift accident claim typically arises when an individual is injured due to negligence by an employer, a third party, or unsafe working conditions. Some of the most common forklift-related accidents include:

  • Struck by a forklift: Being hit by a forklift due to reckless driving, lack of warning signals, or poor visibility in the workplace.
  • Falling objects: Injuries caused when racking, shelving, or stockpiles collapse due to a forklift collision.
  • Trapped accidents: Becoming pinned or crushed by a forklift due to inadequate safety procedures or driver inexperience.
  • Overturned forklifts: Accidents where a forklift tips over due to overloading, uneven surfaces, or sudden turns, potentially trapping or striking nearby workers.
  • Blind corner collisions: Injuries caused by a forklift driver not sounding the horn or checking for pedestrians before turning a corner.
  • Load spills: Accidents where unstable, unbalanced, or overloaded forklift loads fall onto workers.

Please call our personal injury claims advisors if you were injured in a similar scenario to find out if you have a claim.

What Types of Forklift Injuries Can I Claim For?

It would be difficult to list every potential injury that could be suffered following a forklift truck accident in the workplace. As such, we’ve added a list of common injuries that could lead to a claim. They include:

Regardless of the type of injury or forklift accident you’ve been involved in, we could help you to claim compensation. To explain what’s happened with an advisor, call us today for a free claim review.

What Evidence Do I Need for a Forklift Accident Claim?

Any type of forklift accident claim for personal injury compensation will require proof to show who caused the incident and how you were injured. This is necessary because most claims are handled by insurance companies who won’t pay anything out unless it’s clear why their client was responsible. To support your claim, you could use:

  • Accident reports: Accidents involving forklift trucks will need to be recorded in an accident report book. They may also be logged under RIDDOR regulations and investigated by the Health and Safety Executive (HSE). These reports could be obtained and used to show what happened.
  • Photographic evidence: Where you can do so safely, you should try to take pictures of the accident scene as soon as possible.
  • Witness information: Anyone who saw the forklift accident happen could be asked to provide a statement of what they witnessed. For that reason, you should ask for their contact details before they leave the scene.
  • CCTV recordings: Another way to show what happened is to provide security camera footage. Data protection laws allow you to request any relevant recordings but do so quickly as they will usually be deleted in less than a month.
  • Medical records: If you weren’t taken to the hospital, you should make your own way there or visit your GP or a minor injuries unit. This will ensure you get proper treatment for your injuries. It will also mean you can ask for your medical records later on to show the extent of your injuries.

Another thing you can do is keep a diary of events during your recovery. This could be helpful if it shows when you couldn’t work, any costs you incurred and when you had to miss family or social events because you were injured.

What Is the Time Limit to Make a Forklift Accident Claim?

You may already know that there are time limits that apply when filing a personal injury claim. Usually, you’ll need to claim within 3-years of the date of the forklift accident. This might be extended if you didn’t find out about your injuries until a later date i.e., if you suffered brain damage from the accident.

We would always suggest that it’s a good idea to take prompt action. That’s because there is a fair bit for your solicitor to do prior to sending your claim to the defendant. This includes collecting evidence, contacting witnesses and arranging medical reports.

Additionally, they could ask the defendant to make an interim payment if private medical treatment will be beneficial to your recovery. This is only possible where the claim hasn’t been finalised but the defendant has already admitted liability.

How Much Compensation for a Forklift Truck Accident Can I Claim?

The process of calculating compensation for a forklift accident can be quite complex. There’s a lot to think about and you can’t just suggest an amount of money you’d be happy to accept.

Compensation is based mainly on how severe your injuries are and the suffering you’ve endured (general damages).  Then there’s compensation for any costs your injuries have caused (special damages). So, if you do decide to make a claim, any payout could be based on:

  • The pain and suffering your injuries and treatment caused.
  • Any impact your injuries have had on your family or social life (loss of amenity is explained here).
  • Care*, travel and medical expenses (including rehabilitation costs).
  • Changes to your vehicle or home if your injuries will cause long-term disability.

It’s important to assess the value of your forklift truck accident claim properly rather than rushing to accept an early settlement offer. That’s because, if you do decide to settle, you won’t be able to request further compensation later on. If your claim is taken on by one of our solicitors, they’ll review your case thoroughly to try and make sure you don’t lose out on any compensation you’re entitled to.

Can I Claim for Loss of Earnings Due to a Forklift Accident?

It is possible to claim for loss of earnings if it can be proven that your losses are linked to your forklift injuries. For instance, you may not have been able to work during your recovery period or when you needed medical treatment.

Loss of earnings payouts can include bonuses, overtime and commission as well so long as you have the evidence to prove such losses. Importantly, if you are self-employed, you may need to provide copies of your business accounts to help prove any loss of earnings you wish to claim back.

Will I Need a Solicitor to Claim Forklift Accident Compensation?

There is no legal requirement to use a solicitor in a forklift claim but having a specialist on your side can make things easier especially if any arguments about liability for the accident are raised.

As well as making the claims process easier, using a solicitor could help you result in you achieve a better compensation payout than the initial offer made by the defendant’s insurers.

If your case is suitable, one of our personal injury solicitors might agree to process your forklift truck accident claim for you on a No Win, No Fee basis. That means they won’t ask to be paid upfront and you’ll only have to cover the cost of their work if you are paid compensation.

The formal name for this type of contract is called a Conditional Fee Agreement (CFA). You’ll receive a copy to sign if you decide to proceed. Within the CFA, you’ll find an explanation of what the solicitor will do for you and when they would need to be paid.

Essentially, you’ll only pay the solicitor’s ‘success fee’ if you receive a compensation payment. The success fee is listed in the CFA and it can be up to 25% of your compensation.

Forklift Accident Claims Frequently Asked Questions

Can I Claim for a Fatal Forklift Accident?

Unfortunately, some forklift truck accidents do result in fatalities. At the time, you’re unlikely to have any thoughts about claiming compensation but it might be something you’ll consider later on. If you do decide to take action, we can help.

As well as claiming on behalf of the deceased’s estate, you could claim for any impact their death has had on you. For instance, you could be compensated if you were dependent on the deceased’s income. Also, you could seek a bereavement payment as well as compensation for any costs such as funeral costs that you’ve incurred.

If you’d like us to help you claim for a fatal accident, please call today.

What Happens If I’m Injured as a Forklift Driver?

As a forklift driver, you may be able to claim compensation for accidents caused by:

Whatever caused you to be injured as a forklift driver, contact our team for their expert opinion.

Will I Get the Sack for Claiming Forklift Accident Compensation?

If you decide to take action following a forklift truck accident at work, there shouldn’t be any concerns about facing disciplinary action. Legally, you can’t be treated any differently for making a legitimate claim.

That means you could claim unfair or constructive dismissal if your forklift accident claim means you are sacked, demoted, singled out or refused training opportunities.

Will I Be Required to Undergo a Medical Assessment?

There is a requirement for a medical report to be produced in the majority of personal injury and forklift accident claims. If it’s required, a local meeting with an independent medical expert will usually be arranged by your personal injury solicitor so they can examine what injuries were sustained from the forklift accident. They’ll also ask you how you’ve been affected by the incident overall.

After the meeting, they’ll send a report detailing your prognosis to everyone involved in the claim.

Start a Forklift Accident Compensation Claim Today

We hope we’ve shown how you could claim compensation for a forklift truck accident and how we can help. If you’d like to work with us, you can get in touch on 0800 652 1345 for your free case review. If your claim is accepted, your solicitor will manage everything for you on a No Win, No Fee basis.

If you have any further questions about forklift accident claims, please use live chat to get in touch.