When can I make a forklift truck accident claim?

You can claim compensation if you’ve been injured in a forklift accident that was not your fault and was caused by your employer’s negligence.

In most cases, you will have up to three years from the date of your accident to start your claim.

Under UK law, employers have a legal duty to protect their staff by following health and safety regulations. If you have been injured because your employer failed to meet these responsibilities, you may be entitled to claim compensation.

Our specialist accidents at work solicitors have over 200 years of combined experience successfully representing clients who have suffered an injury at work through no fault of their own. Speak to us today and start your no win no fee claim.

What are my employer’s legal responsibilities to prevent injuries caused by forklift truck accidents?

Your employer has a duty of care under the Health and Safety at Work Act 1974 to keep employees, contractors and visitors safe. This duty includes managing the risks associated with forklift trucks and ensuring they are used safely.

In addition, the Provision and Use of Work Equipment Regulations 1998 require employers to ensure forklift trucks are safe to use. This includes providing adequate training for anyone who handles or drives forklifts, ensuring proper supervision, and keeping equipment in safe working order.

The Health and Safety Executive sets out clear guidance through its Approved Code of Practice (L117 ACOP), covering areas such as forklift training, operator competence, supervision, refresher training, and record keeping. Employers are expected to follow this guidance to reduce the risk of accidents.

Forklift operators must meet minimum age requirements, which are generally 16 years old or 18 in port facilities.

If these standards are not met and an injury occurs because of your employer’s negligence, you may have the right to make a compensation claim.

What are the most common causes of forklift truck accidents in the workplace?

According to the HSE, nearly a quarter of all transport-related accidents at work involve forklift trucks.

Additionally, figures reported under RIDDOR and highlighted by National Forklift Safety Day indicate that over 43% of forklift truck accidents involved an impact with another person.

Of these incidents, around 65% involve pedestrians performing tasks unrelated to forklift operation.

A further 20% involve co-workers or supervisors, while approximately 15% involve delivery drivers who were watching or helping with loading or unloading.

Our experienced accident at work claim solicitors have successfully represented clients who have been injured in forklift truck accidents.

Many forklift truck accidents at work are caused by:

• Inadequate training for forklift operators or warehouse staff
• Inadequate risk assessment
• Poorly maintained forklift vehicles or defective equipment
• Unsafe loading or unloading procedures, including unsafe stacking, overloading
• Unsafe movement of loads, including carrying loads at elevated levels
• Unsafe driving of forklifts resulting in rollovers or tip-overs
• Failing to control forklift speeds
• Poorly designed layouts or unclear pedestrian walkways
• Collisions, including with pedestrians
• Allowing too many forklifts to operate in the same area at once
• Obstructions in forklift routes or working areas
• Inadequate marked zones, including a lack of signage.
• Unsafe driving conditions, such as insufficient lighting, uneven surfaces, or bad weather
• Falling debris caused by reckless forklift operating, such as falling boxes in a warehouse
• A lack of proper supervision
• A lack of appropriate PPE, including high visibility clothing and hard hats.

How much compensation can I claim for a forklift truck accident at work?

The amount of compensation you may receive if you’ve been involved in a forklift accident will depend on how severe your injuries are and how they may affect your day-to-day life.

There is no fixed or average compensation amount, as every claim is assessed individually. More serious injuries, particularly those with long-term or permanent effects, will usually result in a higher compensation amount.

How is compensation calculated for a forklift accident claim?

Compensation for a forklift truck accident is usually made up of two parts: general damages and special damages.

General damages are awarded for the pain, suffering and loss of amenity caused by your injury, often referred to as PSLA. These amounts are assessed in accordance with the Judicial College Guidelines, published by the Ministry of Justice.

When calculating general damages, consideration is given to both the physical and psychological impact of your injuries, including how they have affected your ability to enjoy everyday life.

In addition to general damages, you may also be able to claim special damages. These cover any financial losses or expenses you have incurred, or may incur in the future, as a direct result of your injuries.

The amount of compensation you may receive for special damages for a forklift accident may include, but is not limited to:

• Any loss of income or potential future income, including pensions
• Any medical costs associated with your injury, including rehabilitation and ongoing medical treatment
• Any costs related to adaptations you may need to make to your home
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this.
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred.
• Any travel and motor expenses, including the cost of travel to and from appointments and parking costs.

As the circumstances of each claim are unique, we recommend speaking with our specialist accident at work solicitors to find out how much you may be able to claim for your specific circumstances.

How long do I have to start a claim after a forklift truck accident?

In the majority of cases, you will have up to three years from the date of the accident or from the date you became aware of your injuries.

The three-year time limit is established by the Limitation Act 1980. However, there are a small number of exceptions where the three-year time limit is extended.

If the injured person lacks mental capacity, the time limit may be extended until they are able to claim. If this is not possible, a trusted family member may claim on their behalf.

If the injured person was a minor at the time of the accident, the time limit is suspended, and they will have up to 3 years from their 18th birthday to start a claim. Alternatively, a parent or legal guardian can claim on their behalf within the same period.

In the extremely unfortunate circumstances when the accident has proved fatal, the three-year time limit starts from the date of death rather than the date of the accident.

My loved one has died from a forklift accident. Can I claim on their behalf?

Yes, you may be able to start a claim on behalf of a loved one who has died as a result of a forklift accident.

In most fatal accident at work claims, you have three years to start a claim. This time limit usually runs from the date of death, or from the date a coroner’s inquest or post-mortem confirms that the accident was the cause.

If you are unsure how the time limit applies in your situation, speak to our experienced employer liability solicitors, who can explain your options and the steps you may be able to take next.

When can I make a no win no fee compensation claim for a forklift accident?

You can make a no win no fee claim if you were injured in a forklift accident if your employer’s negligence caused the accident.

All clients represented by Beacon Law are represented on a no win no fee basis. Often known as a Conditional Fee Agreement (CFA), no win no fee provides reassurance to those who have suffered an injury that they will be at no financial risk when making a claim.

As part of our no win no fee agreements, clients are protected from any upfront legal costs or hidden charges and can focus on recovering from their injuries without the stress of any financial risk.

A fee, sometimes known as a success fee, will only be paid once your claim is successfully settled. The amount is typically 25% of the total compensation amount. We will agree on this before legal proceedings begin. This payment is to compensate your solicitor for their time and work put into assisting with your case.

In all cases, we recommend taking out an After The Event (ATE) insurance policy. This protects you in the rare instance that the claim is unsuccessful. An ATE policy means you have no upfront costs and nothing to pay if you lose the case as long as you haven’t misled us, exaggerated your claim, or been dishonest.

Beacon Law provides complete transparency with how we charge our clients. All fees and costs will be explained at the beginning of the claim process.

What evidence do I need to provide when making a forklift truck injury claim?

To successfully claim compensation for injuries caused by a forklift accident, you must prove that your employer’s negligence caused your injuries.

With the help of our accident at work solicitors, we will need to show that your injuries were caused by your employer’s breach of their duty of care to you and that you have evidence to support your claim.

Our solicitors may ask for the following information when you contact us.

• A copy of the accident report that was filed in your company’s accident report book.
• Witness statements from colleagues or anyone who saw the accident and is happy to provide a statement.
• If available, photographs or video of the accident scene, including CCTV footage.
• Any information, such as workplace safety records or evidence that risk assessments were not conducted or that maintenance of equipment was not carried out to the legal requirements
• Investigate if there have been any similar accidents or complaints that may be relevant to your accident.
• Medical records from your GP or hospital, you may have visited after the accident, including any treatment you may have received or are currently receiving.
• Records of any financial losses incurred because of your accident.

Do not worry if you do not have all of this information. Our solicitors can help compile this information on your behalf, which will help to build the most comprehensive case possible to support your compensation claim.

How long does it take for a forklift truck accident claim to settle?

The amount of time it may take for a forklift accident claim to settle will depend on how complex the case is and how quickly liability can be established.

Straightforward claims, where liability is clear, may settle within 6–9 months, while more complex cases can take longer.

As a general guide, the length of the process depends first on how easily liability can be established, and then on how quickly both parties can agree on a fair and accurate level of compensation.

Can I claim compensation for a forklift accident if I was partly to blame?

Yes, you may still be able to claim compensation even if you were partly responsible for causing the accident. This is known as contributory negligence, or split liability, and it recognises that more than one party can share responsibility for what happened.

In these situations, you can still start a claim if your employer failed to take reasonable steps to keep you safe. Your compensation may be reduced to reflect your share of the responsibility, but it does not automatically prevent you from claiming.

What types of forklift truck injuries can I claim for?

You can claim compensation for any work-related accident involving a forklift truck that caused you injury. While every case is different, the most common types of injuries caused by forklift truck accidents include:

• Being struck by a moving forklift, including concussion or head injuries
• Being crushed by a forklift truck overturning or tipping over
• Being crushed between a forklift and shelving or another fixed structure
• Injuries caused by loads falling from forklift tines
• A non-operator’s foot being run over by a forklift
• Hand or crush injuries suffered by the forklift operator
• Non-operators being struck by a falling load
• Injuries caused by unsafe manoeuvring or reversing
• Falls from height involving forklift platforms or cages
• Injuries caused by falling items

What should I do if I’m injured in a forklift accident?

If you’ve been injured in a forklift accident, your health and safety should be your priority. The steps you take immediately afterwards can also be important if you later decide to make a claim.

Where possible, you should:

Seek medical attention as soon as possible

For minor injuries, this may involve the on-site first aider, followed by a visit to your GP. If your injuries are serious, or if you have hit your head, you or someone nearby should call 999 straight away and wait for help if it is safe to do so.

Report the accident to your supervisor or manager

Make sure the incident is recorded in the workplace accident book. Your employer is legally bound to report certain accidents to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations, often known as RIDDOR.

Ask for witness details or statements

If colleagues saw what happened, their accounts can be helpful later.

Take photographs if you can

This includes photos of the accident scene, any hazards involved and visible injuries.

Write down what happened

Make a brief note of how the accident occurred while it is still fresh in your mind.

Keep records and receipts

This includes receipts for travel, medical treatment or any other expenses caused by the injury.

Once you feel ready, speaking to a specialist accident at work solicitor can help you understand your options and what steps to take next.

Getting advice early does not mean you have to make a claim, but it can reassure you about your rights.

What other regulations should my employer have followed?

Employers must follow several health and safety regulations when using forklift trucks in the workplace. The Health and Safety Executive (HSE) has also published specific guidance for those responsible for the safe operation of forklifts, aimed at reducing the risk of accidents and injuries.

This guidance covers areas such as:

The main legal requirements for operating forklift trucks
The Approved Code of Practice
Supervision, training and operator competence
Safe stacking and handling procedures

In addition to this guidance, employers are expected to comply with several key pieces of legislation, including:

The Health and Safety at Work etc. Act 1974
The Provision and Use of Work Equipment Regulations 1998 (PUWER)
The Workplace (Health, Safety and Welfare) Regulations
The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)
The Control of Substances Hazardous to Health Regulations (COSHH)
The Construction (Design and Management) Regulations (CDM), where applicable

If your employer failed to follow these regulations and you were injured as a result, you may be able to claim compensation for a forklift truck accident.