Every year, hundreds of people are injured by forklifts in the UK. If you are one of these people, you might be wondering how to sue for a forklift accident. In this guide, we explain everything that you need to know about making an accident at work claim, from eligibility to funding the work of a solicitor.
We understand that the claims process can seem complicated, but it doesn’t have to be. If you can’t find the answers you’re looking for in this guide, we have a team of expert advisors standing by to take your questions.
Key Takeaways
- You can make a forklift accident claim if you were injured at work and it wasn’t your fault
- You can make a claim on behalf of a loved one who was killed in a forklift accident
- You can pursue compensation if you were the driver or if you were injured by someone driving a forklift
- You usually have three years to start a claim
- You could make a claim with a No Win No Fee solicitor
Contact Us
We hope that our guide will answer any questions you might have on how to pursue forklift accident compensation, but if it doesn’t, then our team are on hand to help. If you’d rather speak to one of our friendly advisors, you can get in touch today by:
- Calling us on 0800 408 7827
- Using the live chat feature
- Contacting us online
Jump To A Section
- I’ve Been Injured In A Forklift Accident At Work, Can I Claim?
- Can I Make A Forklift Accident Claim If A Loved One Was Killed?
- What Are The Common Causes Of Forklift Accidents?
- What Forklift Accident Compensation Can I Get?
- Could I Make A Claim For Any Financial Losses?
- Would My Employer Have To Pay For My Compensation?
- How To Sue For A Forklift Accident
- How We Can Help You
- Learn More
I’ve Been Injured In A Forklift Accident At Work, Can I Claim?
You can claim for a forklift accident at work if you can prove that negligence occurred. But what does this mean?
Essentially, to make an accident at work claim, you need to prove that:
- Your employer owed you a duty of care, which means they were legally responsible for your health and safety
- They didn’t uphold this duty
- As a result, you suffered harm
Every employer owes their employees a duty of care. This is because the Health and Safety at Work etc. Act 1974 (HASAWA) states that employers need to take all reasonably practicable steps to keep their employees safe. For example, this might include undertaking a risk assessment to check that the terrain is suitable for a forklift to safely drive over.
What If I Was Partially To Blame For The Accident?
You might be wondering how to sue for a forklift accident if you were partly at fault for what happened. You could still potentially make a claim if you were partially to blame for the accident or your injuries, and this is also known as:
- Contributory negligence: This is when you contributed to your injuries. For example, the company gave you a faulty forklift, but you didn’t wear the safety harness. This caused injuries that were more serious than they would have been.
- Split liability: This is when you contributed to the accident, but not your injuries. For example, if you were driving faster than you should have in that zone, but the brakes on the forklift didn’t work.
Can I Claim If I Am Self-Employed Or Don’t Work Full Time?
It doesn’t matter whether you are self-employed or what kind of contract you are on; you can make a claim as long as you can prove that negligence occurred.
For example, if you are a self-employed construction worker, you might be asked to use the construction company’s forklift to move materials around the site. If they knew that the forklift was faulty, and this caused you to suffer an injury, then you could make a claim.
Keep reading to learn more about how to sue for a forklift accident, or contact our team today to find out if you could be eligible for compensation.
Can I Make A Forklift Accident Claim If A Loved One Was Killed?
As per the Fatal Accidents Act 1976 (FAA), if you are the executor of their estate, then you can claim on behalf of a loved one if they were killed in a forklift accident that wasn’t their fault. In the first six months following the death, only the estate can make a claim. This would be on behalf of the deceased and for any dependents who have been affected by the death.
As per the Law Reform (Miscellaneous Provisions) Act 1934, any dependent can pursue their own claim for how the death has affected them, if the estate has not already claimed on their behalf. This can only be done after six months. Please note that only the estate can make a personal injury claim on behalf of the deceased.
According to the FAA, dependents can include:
- Spouses, including wives, husbands, and civil partners
- Someone who lived with the deceased for two years before their death as their spouse
- Children and descendants of the deceased, including step-children, adopted children, or anyone treated as their child
- Siblings, uncles, and aunts of the deceased
We understand that claiming for a fatal accident can be difficult, but we are here to help. Our specially trained advisors can give you more information on how to sue for a forklift accident resulting in death when you get in touch.
What Are The Common Causes Of Forklift Accidents?
The most common causes of forklift accidents include:
Injuries To The Forklift Operator
- Your colleague reports that a forklift has faulty brakes. Instead of repairing this, your employer asks you to continue using it. The brakes fail when you are driving, and you crash into a wall, causing a severe head injury.
- Your employer asks you to transport materials over rough terrain on a construction site, but doesn’t undertake a risk assessment to see if this is safe. The terrain is too uneven, and the materials are too heavy, causing the forklift to overturn. This results in a broken cheekbone and a number of broken ribs.
- You have not been given training on using a forklift. Your employer knows this, but asks you to use one anyway. The lack of training causes you to reverse into a high-stacked shelf, causing the shelf to collapse on you and pin your leg. This causes you to lose the limb.
Injuries To Others
- You are working on scaffolding at a construction site. Your employer fails to properly train your colleague before asking them to transport materials on a forklift, and they crash into the scaffold, causing it to collapse and resulting in multiple severe injuries.
- Your employer fails to designate safe walking zones for employees in a warehouse and doesn’t provide high-visibility vests to wear. Because of this, your colleague does not see you crossing a walkway, and the forklift strikes you. This causes severe facial scarring and Post-Traumatic Stress Disorder (PTSD).
- Your employer asks you to load a forklift with materials that exceed the machine’s maximum weight. This causes it to overturn, pinning you beneath it and resulting in a serious spinal injury.
The examples above only cover a few examples of potential forklift accident claims, so don’t worry if they don’t reflect your situation. Talk to one of our advisors to learn more, or keep reading to learn about accident at work compensation.
What Forklift Accident Compensation Can I Get?
According to the Judicial College Guidelines (JCG), you could get between £52,550 to £110,720 for a case of moderate brain damage caused by a forklift accident. The JCG is a document that solicitors and other professionals can use to help calculate what you could get in terms of general damages.
General damages are one of two heads of claim that can make up your forklift compensation payout. These cover the pain and suffering you’ve endured as a result of your injuries, and they also cover something called loss of amenity, which means loss of enjoyment in things like hobbies and socialising.
You can take a look at some more examples of JCG figures in the table below, but please keep in mind that these aren’t guaranteed. The JCG provides guideline figures, and the amount you could receive might be different. It’s also important to note that the first figure in this table isn’t from the JCG.
| Injury | Compensation |
|---|---|
| Multiple Severe Injuries With Financial Losses Such As Lost Earnings And Mobility Aids | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Below-Knee Amputation of One Leg | £119,570 to £162,290 |
| Very Severe Leg Injuries (ii) | £66,920 to £109,290 |
| Severe Neck Injuries (ii) | £80,240 to £159,770 |
| Severe Back Injuries (ii) | £90,510 to £107,910 |
| Moderately Severe PTSD | £28,250 to £73,050 |
| Chest Injuries (c) Damage To Lungs | £38,210 to £66,920 |
| Less Severe Facial Scarring | £21,920 to £59,090 |
| Traumatic Digestive Injuries (iii) Penetrating Wound | £8,060 to £15,370 |
Could I Make A Claim For Any Financial Losses?
Yes, you can claim for financial losses, so long as your injuries caused them. Compensation for these losses falls under special damages, which is the second head of claim that you can pursue.
For example, if you were unable to work after your injuries, this could result in lost earnings. You could potentially claim these back under special damages, along with the cost of:
- Prescriptions
- Mobility aids
- Childcare
- Private medical treatments
- Physical therapy
- Travel
This is not an exhaustive list, and we recommend talking to an expert to make sure all your losses are covered. It’s important to note that you’ll need evidence of your losses to claim them back, so it can be helpful to keep any relevant documentation.
Read on to learn more about how to sue for a forklift accident. Or, if you’d like a more in-depth assessment of your potential claim, get in touch with one of our helpful advisors today.
Would My Employer Have To Pay For My Compensation?
No, your employer doesn’t have to pay for your compensation. This is something that a lot of people worry about, especially if they work for a small business or don’t want to affect their relationship with their employer, but it’s a common misconception.
If you make a successful accident at work claim, your compensation will come from their insurance. Employers’ Liability insurance is a legal requirement, and they must have a minimum coverage of £5 million. Taking out this insurance means that they won’t need to pay out-of-pocket if an employee or a visitor makes a claim.
Keep reading to find out exactly how to sue for a forklift accident, or contact our team of advisors today to learn more about the claims process.
How To Sue For A Forklift Accident
Now, let’s talk about how to sue for a forklift accident. Some of the most important steps in this process include:
Gathering Evidence
Gathering evidence is crucial because you need to prove that negligence occurred. To do this, you can use:
- CCTV or video footage of the accident
- Accident book logs
- Photographs of your injuries or the accident site
- Medical records or notes made by a professional about your injuries
- The contact details of witnesses, so their statements can be taken at a later date
If you choose to work with a solicitor from our panel, they can help you strengthen your claim with evidence.
Time Limits
You’ll generally have 3 years to start an accident at work claim, as per the Limitation Act 1980. This time limit begins on the date of your accident, and you must start proceedings within this time, but you don’t need to finish them.
There are some exceptions to the 3-year rule, so you may still be able to claim if you are outside of this time limit. Contact our helpful advisors today to learn more, or keep reading to find out how a solicitor from our expert panel could help you.
No Win No Fee Agreements
A common misconception is that working with a high-quality solicitor has to be expensive, but this just isn’t true. There are a number of different ways that you can fund the work of a solicitor, and one of these is by using a No Win No Fee agreement.
For example, our panel of solicitors are highly trained and have decades of experience, and they offer their services through a No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
This means you can access the services of an expert solicitor without paying their fees:
- Upfront
- As the claim goes on
- At all if the claim isn’t successful
If you do make a successful claim, they’ll take a small, legally capped success fee from your compensation.
Keep reading to learn more about how to sue for a forklift accident with a No Win No Fee solicitor, or contact our team today to get started.
How We Can Help You
Call our advisors for a free consultation which carries no obligation to make a claim. If they think that you are eligible to sue for a forklift accident at work, they will connect you with a solicitor from our panel.
Our panel of solicitors work on a No Win No Fee basis, and they could help you through the forklift injury claims process. But why should you work with our panel?
To start with, they have a proven track record of putting in high-quality work and getting results. Our panel have recovered millions of pounds worth of compensation for their clients, and pride themselves on providing top-tier service.
Working with a solicitor means you can focus on your recovery, while they work behind the scenes to get the compensation you deserve. Our panel will be with you every step of the way, from filing your claim to connecting you with rehabilitation specialists throughout your recovery. These include occupational therapists, disability architects, and therapeutic counsellors, all waiting to help you recover from your injuries.
Contact Our Panel
Are you ready to get started? If so, our team of advisors are here to help. To learn more about how to sue for a forklift accident, or to get started on your claim, contact us today by:
- Calling us on 0800 408 7827
- Using the live chat feature
- Contacting us online
Learn More
For more helpful accident at work claims guides:
- Learn how to sue for a factory accident at work
- Read our frequently asked questions on how to sue for an accident at work
- Find out if you could be sacked for having an accident at work
Or, to find further resources:
- Learn about lift trucks from the Health and Safety Executive (HSE)
- Get information on living with Post-Traumatic Stress Disorder (PTSD) from the NHS
- Guidance on using work trucks from GOV.UK
Thank you for reading our guide on how to sue for a forklift accident.