Forklifts are essential machines in warehouses, construction sites, and various industrial settings, enabling the movement of heavy loads with efficiency and precision. However, despite their utility, forklifts can pose serious risks to both operators and bystanders.

Forklift accidents can result in devastating injuries, ranging from minor bruises to severe fractures or even fatalities. In the aftermath of such accidents, pursuing a forklift accident claim becomes crucial to obtain rightful compensation for the damages incurred.

While most forklift injuries are accidental, there are those that are caused as a result of someone else’s negligence. If you have suffered due to negligence, you could be eligible to claim for a forklift accident.

Contact Beacon Law today to speak to one of our specialist solicitors for a free, no-obligation, initial consultation.

Common reasons for forklift accident claims

Forklift truck accident claims usually arise following an accident caused by the negligence of another employee or inadequate systems set in place by employers to ensure the safety of employees. Accidents occur for many different reasons when operating a forklift or performing work in the vicinity of a forklift. Some of the most common reasons for forklift truck accident claims include:

• Accidents caused by the actions of forklift truck operators – In some circumstances, the employee driving a forklift truck may have caused an injury to another employee. An employee may have been injured as a result of a forklift truck crashing into them or driving over their foot. In these instances, it may be necessary to investigate the reasons behind the accident, such as an issue with the forklift truck or the forklift truck driver not having the correct training or qualifications required to operate a forklift.
• Injuries caused by loading and unloading forklift trucks – An injury may be sustained by an employee when following instructions to load or unload a truck. It is common for employees to sustain serious injuries as a result of loading items which are too heavy, or not having the correct training to know how to safely load or unload items.
• Accidents caused by a faulty forklift truck – Faulty work equipment has been known to cause many different types of injuries to employees. If an employee is injured as a result of a faulty forklift truck, it may be possible for them to claim against their employer for this injury.

Your employers’ responsibilities

Safety at work is extremely important. Employers have a duty of care towards you and are obligated by law (the Health and Safety at Work Act 1974) to provide safe work conditions and a healthy environment in which you can work.

Under The Provision and Use of Work Equipment Regulations 1998, employers must always provide the correct and suitable equipment to help you perform your duties safely. Your employer is also under a duty to properly maintain the work environment and the equipment you use through regular risk assessments to ensure that it remains safe at all times. If an accident does occur in the workplace, then your employer must report it to the Health and Safety Executive (HSE).

Health and safety laws and legislation have significantly increased the level of protection open to employees. There are numerous written health and safety regulations and laws designed to prevent accidents in the workplace, and any breach of these regulations can cause accidents with undesirable consequences. The Health and Safety Executive have set out guidance and frequently asked questions on their website for employers to assist in the implementation of Health and Safety Legislation in the workplace.

If you have suffered injuries at work as a result of your employer’s negligence, you may be entitled to make a claim.

What should I do following a forklift accident?

Report the accident to your employer:

You should report the accident to your employer. This should be done in writing and should include all the details of the accident, as well as the names and contact details of any witnesses. Your employer should have an accident book available to record details of any accidents at work.

Seek medical attention:

You should seek medical attention for your injuries as soon as possible. Make sure to keep a record of all medical treatment you receive, including any medication you take and any medical bills you incur.

Gather evidence:

It is important to gather as much evidence as possible to support your claim. This may include photographs of the accident scene, witness statements, CCTV, and any other documentation that may be relevant to your case.

Contact a personal injury solicitor:

If you are interested in making a claim, contact accident at work lawyers, such as Beacon Law. We can provide you with expert advice and represent you in court proceedings.

What is the forklift accident claim process?

During your initial consultation, our specialist solicitors will provide you with legal advice about forklift accident claims and will inform you about the relevant limitation rules.

Our personal injury lawyers will then ask you for details about your accident and the initial injuries that were suffered as a result. This will help our injury lawyers to assess the likelihood of your claim being successful.

Your personal injury solicitor may also ask that you undergo an official medical examination in order to receive medical reports about the injuries that you have sustained. These medical reports will provide vital medical evidence of the nature and extent of the injuries. Even if you have received other medical care prior to starting your forklift accident claim, a more thorough medical assessment may still be needed to produce detailed, accurate, and reliable medical reports.

If we think that your forklift accident claim would be likely to succeed, we will offer to proceed with your claim on a conditional fee agreement, otherwise known as a no win, no fee basis. This means that if your claim is unsuccessful, you will not be required to pay any legal fees.

Will I be dismissed if I make a claim?

When people consider making a claim against their employer, they are often concerned that they will be dismissed or treated badly. We can assure you that your employer is not permitted to terminate your employment or treat you differently because you have made a claim against them.

Your employer should have appropriate employers’ liability insurance in place which is designed to cover them in the event any of their employees are injured due to their negligence or a breach of statutory duty. Therefore, when you are claiming against your employer, you are actually claiming against their insurance.

What are the time limits for a forklift accident claim?

Before you start your claim for compensation, it is important to note that there are strict time limits on personal injury claims. From the date of the accident that caused the injuries, the injured party will have 3 years to commence proceedings for claiming compensation.

It must be noted, however, that there are some exceptions to this rule:

For example, if the claimant was under the age of 18 at the time of the incident, they have until their 21^st birthday to make their forklift compensation claim. In the meantime, provided that the claimant is still under the age of 18, a litigation friend such as a parent, guardian, or close family member could claim compensation on their behalf.

Another exception to the 3 year time limit occurs when the claimant who has suffered an injury does not have the mental capacity to begin their compensation claim. Rather than being limited to making a claim within 3 years from the date of the incident, the claimant is entitled to begin their compensation claim at any moment in time once they regain the mental capacity to do so.

What amount of compensation could I receive for a forklift accident claim?

The amount of compensation awarded will aim to put the claimant in the position they were in before the accident took place. The amount of compensation awarded will depend on the type of injuries suffered, as well as the severity of these injuries.

General damages that could be awarded will also depend on the impact that the forklift accident has had on the claimant’s daily life, whether any long term care is needed, and whether any structural adaptations need to be made to the claimant’s home in order to assist their new way of living.

Special damages will also be awarded to compensate for any further financial loss that the claimant has suffered as a result of their original injury. This could include compensation for a loss of earnings due to the time spent off work, loss of future earnings if the claimant has been left unable to work, the cost of medical treatment, travel costs, and the cost of ongoing care if this is needed.

We advise that you keep evidence of all financial losses suffered as a result of your injuries. This could include receipts and invoices from medical treatment and evidence of any loss of earnings.

Due to the complex nature of forklift injuries, it may be difficult for our personal injury solicitors to provide you with an exact estimation of the amount of compensation you could be awarded. Undergoing a medical assessment will provide a more accurate report on the injuries that have been sustained and will help when calculating the amount of compensation that you could be awarded alongside judicial college guidelines.

How can Beacon Law assist you?

Whilst pursuing a forklift accident claim, Beacon Law can be your source of support and will help you recover the amount of compensation that you deserve. We understand that the process of forklift accident cases can be difficult, so we will be there to guide you every step of the way.

After suffering injuries, we believe that you should have access to the best possible medical care and support available, and we endeavour to provide this to our clients. Due to our association with medical professionals, we are able to provide you with private treatment to assist you in your recovery.

We value each client that we have the pleasure of working with, listen carefully to our clients’ wishes, and will aim to complete your claim in a timely manner so that you can receive the compensation that you deserve as soon as possible. If you have been injured in a forklift accident that was not your fault, please get in touch today.