Forklift Accident Claims
If you have sustained an injury at work while operating or working close to a forklift truck and the accident was caused by someone else, you may be entitled to compensation. A forklift accident claim can enable you to take time off work following an accident, facilitate your recovery and account for any financial losses related to the accident.
At JMW, our forklift accident compensation solicitors can help you to prove the nature and extent of your injuries, and show that they were caused by another party's negligence - typically your employer. Our talented team of solicitors will provide advice and guidance throughout the claims process, secure the maximum compensation that you deserve, and protect your employment if you are still able to work.
A forklift accident compensation claim will help you to rebuild your life following an accident at work, and pay for any rehabilitation you require, which means you can access the highest quality treatment available. Forklift injuries can be severe, but JMW can help you to put things right and move forward with confidence.
Contact our knowledgeable and experienced personal injury solicitors today by calling 0345 872 6666. Alternatively, fill in our online enquiry form and let us know a suitable time to get back to you.
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How JMW Can Help
Individuals working with forklift trucks are susceptible to accidents on site if employers and other responsible parties do not take action to minimise risk. If another party is liable for the accident that led to your injuries, you may have the right to claim compensation. The range of injuries can be extensive, from fractures and burns to traumatic brain and spinal cord injuries, and more severe injuries will lead to more compensation to account for your needs following an accident.
Compensation can offset medical expenses, compensate for any loss of income, and cover the repair or replacement of damaged equipment or tools. Our team will thoroughly evaluate your losses and construct the most robust case possible on your behalf, allowing you to concentrate on your recovery without the added stress of dealing with the ramifications of the accident.
With over 35 years of expertise, our team consistently keeps abreast of the latest changes in laws relating to warehouse and construction site accidents. This helps us to maximise the compensation awarded and effectively assess your eligibility to claim based on the circumstances you experienced.
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Can I Make a Forklift Truck Accident Claim?
If you have experienced a forklift truck accident on a construction site, in a warehouse or in a public place that wasn't your fault, you may be eligible to seek compensation. Construction sites inherently come with a range of potential hazards, making them high-risk environments. Various types of injuries can occur on construction sites, irrespective of your role or the nature of your work, including those involving forklift trucks.
Warehouse work is similarly high risk, and employers must ensure that these workplaces are safe for both employees and visitors, by delivering safety training for forklift drivers, separating pedestrian areas from forklift traffic wherever possible, and monitoring for compliance. If they have failed to do this, they may be found liable for any accidents that occur.
If you have been injured and you believe someone else was at fault, speak to the team at JMW about making a forklift accident claim today.
How Can Employer Negligence Lead to a Forklift Injury?
Claims for forklift accident compensation rely on proving that your employer (or another party) was responsible for your accident. This often means that they have not met the standards specified by the Health and Safety Executive, and have failed to implement (or follow) best practices for the safe operation of a forklift truck. Accidents may be due to your employer's negligence if they failed to take any of the following steps:
- Offer proper training for forklift operators using approved programmes
- Perform regular maintenance, inspections and record-keeping
- Conduct and review workplace risk assessments
- Meet the relevant work equipment regulations for forklift trucks
- Provide clear safety signage and designated routes
- Enforce safety protocols and disciplinary measures
Your employer's legal responsibilities include carrying out regular checks to make sure HSE rules are being followed and implementing any measures necessary to minimise the risk of an accident. Forklift accidents are not the only situations where you can make a personal injury claim, and many workplaces where rider-operated lift trucks are in use come with significant risks. Whatever type of accident happened to you in your workplace, you may be entitled to compensation if your employer failed to meet their legal obligations.
How JMW Can Help You Make a Claim
Our solicitors understand the devastating impact that a forklift truck accident can cause, which is why we will do our utmost to ensure the claims process is as stress-free as possible.
We have dealt with a wide variety of forklift accident claims, including cases involving:
- Items falling from high-level racking to injure somebody
- A load falling from a forklift and hitting somebody
- A truck driving over and crushing somebody’s foot
- Collisions between a truck and a person, an object or another vehicle
- A truck toppling over on an unsuitable surface, such as a steep slope or pothole
- Careless driving or travelling at an unsuitable speed
No matter how your injury was caused, if you believe it was due to somebody else’s negligence, you may be entitled to claim compensation.
How Much Compensation Can I Claim for a Forklift Accident?
Compensation claims are unique in every case, and the amount of compensation you will receive following an accident involving a forklift truck will depend entirely on the injuries you sustained and the circumstances in which the accident took place. Your compensation will also be influenced by the impact of the injury on your life, including any financial losses you've experienced as a result.
Forklift truck accidents can vary in severity, but can cause serious injuries to drivers and those working alongside them. They can lead to broken bones, crush injuries and internal organ damage if you are caught in a collision, an unsecured load falls onto you, or the forklift itself tips over.
In forklift truck accident claims, the compensation can be categorised into two main types:
- General damages: these cover the non-monetary aspects of harm suffered, such as physical pain and suffering, emotional distress and loss of amenity resulting from the injury. General damages are based on the Judicial College Guidelines and vary significantly from case to case, depending on the severity and impact of the injuries on the individual’s life.
- Special damages: this category includes the financial losses incurred due to the accident. These can consist of medical expenses, rehabilitation costs, lost earnings (both current and future), and any other out-of-pocket expenses directly related to the injury. Special damages are calculated based on actual financial loss and can be specifically itemised and proven with receipts, bills and wage statements.
The figures below provide a rough guide of how much you might be able to claim for an injury in a factory, based on the Judicial College Injury Tables. For a more accurate calculation of how much you could be able to claim, based on the specifics of your case, get in touch with the team today. We can give you a precise estimate that takes into account all of the details about your injury and circumstances.
Very severe permanent foot injury | £33,460 - £87,410 |
Severe injury to one or both feet | £33,460 - £55,830 |
Serious foot injury | £19,920 - £31,250 |
Severe leg injury without amputation | £76,730 - £108,370 |
Very serious leg injury leaving permanent problems | £43,710 - £67,410 |
Serious leg injury leaving permanent problems | £31,250 - £43,710 |
Severe crushing injury and serious or complicated leg fractures | £21,100 - £29,800 |
Extensive fractures causing serious long-term problems | £62,490 - £104,370 |
Hip or pelvis fractures causing long-term problems | £49,350 - £62,490 |
Hip or pelvis fractures needing surgery | £31,220 - £41,860 |
Significant hip or pelvis injury without serious permanent damage | £21,200 - £31,220 |
Significant hip or pelvis injury leaving some long-term problems | £10,040 - £21,200 |
Hip or pelvis injury leaving minimal or no long-term problems | £3,150 - £10,040 |
Forklift accident compensation will cover the pain and suffering caused by your injuries, and will also help to support you while you are recovering. Compensation can cover the cost of unexpected medical bills, rehabilitation and any required care from family and friends. In addition, compensation will cover any time you have taken off work due to your injury.
ACCIDENT COMPENSATION CALCULATOR
How much is your forklift truck accident worth?
FAQs About Forklift Accident Claims
- What is the forklift accident claims process?
The forklift accident claims process generally starts in the immediate aftermath of your accident, when you should gather as much evidence as you can if you are physically able to do so. You should seek any urgent medical treatment you need, as this will not only prioritise your health and safety but ensure that your injuries are recorded in the form of a medical report.
Notify your employer and make sure the incident is logged in the company’s accident book, as this creates an official record. If you can, take photos of the accident scene, your injuries, and anything you believe may have contributed to the accident.
Next, speak to a personal injury solicitor about your situation. You usually have three years from the date of the accident to start a claim, but it is best to begin as soon as possible to avoid missing any time limits. The team at JMW can assess your case, explain your options, and help you to determine whether your employer was liable for the injury. We handle most claims on a no win, no fee basis, so there are no costs for this initial advice. If you decide to move ahead, JMW's forklift truck accident experts will gather more evidence, including any CCTV footage that is available, statements from eyewitnesses to the accident, and medical evidence from your doctor. Any evidence of financial losses you can provide will enable us to claim these back as special damages.
Your solicitor will notify your employer or their insurer of your intention to claim, at which point they will have a few months in which to investigate the circumstances. In most cases, the employer admits liability and the case can proceed to negotiations over a fair settlement. If the employer or their insurance provider deny the claim, we will prepare for court proceedings and, in some cases, gather more evidence.
Most claims are settled out of court. Even if court proceedings are pursued, it is often possible to secure a fair settlement before the court date arrives. However, if no agreement is reached, the case may proceed to court, where a judge will decide on liability and compensation. We will represent you during these proceedings and work to secure the maximum amount of compensation for you based on the evidence we have collected.
- What evidence do I need for a forklift accident claim?
A forklift accident claim relies on strong evidence to show the extent of your injuries and your employer's negligence in upholding their health and safety obligations. To help you make a forklift accident claim successfully, your solicitor will aim to gather the following key evidence:
- An accident report or any formal record from the employer’s accident book or incident log.
- Medical evidence such as GP or hospital documentation or other medical records detailing your injuries and treatment.
- Photographs of the accident scene, faulty workplace equipment, or visible injuries.
- Witness statements from anyone who saw the accident.
- CCTV footage or any other video evidence from workplace cameras or witnesses who recorded the accident.
- Any proof that your employer provided adequate training and certification (or delivered inadequate training), which may support arguments about employer liability.
- Risk assessments showing whether your employer identified and managed forklift hazards appropriately.
- Financial documentation such as payslips, invoices, or receipts showing loss of earnings, travel costs, or medical expenses to claim for special damages.
You do not need to collect all of the evidence for a forklift accident compensation claim yourself - contact the team at JMW at your earliest opportunity to get the process started, and we can support you to build the strongest possible case.
- What are my employer’s responsibilities?
Employers are legally required to ensure that forklift trucks can manoeuvre around a workplace easily. There should be clearly marked areas that separate vehicles from pedestrians, and protective barriers should be placed near entrances and exits. Doors should also have transparent panels so that staff can clearly see oncoming traffic.
All employees must undergo the relevant training to be able to drive a forklift truck and must be provided with suitable personal protective equipment, such as high-visibility jackets, hard hats and safety boots.
If your employer has failed in their duty to keep you protected from the dangers of forklift trucks, JMW Solicitors can help you to claim compensation.
Talk to Us
If you or a loved one has suffered an accident at work involving a forklift truck, our experienced solicitors are on hand to help. Contact JMW today by calling 0345 872 6666. Alternatively, fill in our online enquiry form and we will be in touch at a time that is suitable for you.