Forklift Truck Compensation Claims

If you’ve been hurt in a forklift vehicle accident, it can be very daunting even just thinking about the prospect of claiming compensation.

We understand the stress and worry involved in making an injury claim after what was undoubtedly a traumatic experience. We also know it can take a long to come to terms with what has happened.

Our advisors are known for their compassionate and understanding approach to injured individuals trying to get their life back on track; and who simply need a friendly person to talk to about their concerns before taking any further steps.

Forklift injuries can be serious, but even in the case of minor injuries – we will help you make the compensation claim you rightly deserve. You can do this on a No Win No Fee basis.

Forklift truck accidents

It doesn’t matter whether the accident was caused by mechanical failure, inadequate training or supervision, or driver error – you can make a claim for your injuries.

  • Pedestrians
    If you were a pedestrian, maybe you were simply in the wrong place at the wrong time - and have been injured by a forklift truck, you could make a claim. Even if you’re worried about making a claim because you think you were too near the vehicle at the time, that does not stop you from making a claim. It is really important not to assume you were in the way and can’t claim compensation. Our specialist advisers can talk you through what happened and how you can make a claim.
  • Drivers
    Forklift truck drivers are at greater risk of injury. You might be a forklift driver who was hurt in an accident following mechanical failures affecting the operation of the truck; or you may have fallen while climbing in or out of the cabin. Some forklift vehicles overturn if not used correctly which can cause serious injury. But what if you think it was your own driver error that caused the accident?  That does not matter at this point: you might in fact have made no mistakes; or any driver error may have been the direct consequences of lack of training. If, for example you believe you were not properly trained in operating the forklift or supervision has been inadequate – you can still make a claim. It’s therefore really important to talk through the full circumstances of the accident with specialist advisors before making a rash decision not to make an injury claim.
  • Passengers
    If you were a passenger, whether in the forklift vehicle itself or in a separate vehicle which has been struck by a forklift truck, you can make an injury claim. There may, for example, have been insufficient warning signs of the potential dangers or the forklift truck may have been operated dangerously or the driver could have been speeding. Whether you were the forklift driver, operator, a pedestrian or a passenger –

    • The employer has kept a formal record of the incident in the accident book.
    • The accident has been reported to the health and safety executive (HSE) if necessary.

Failures in training

Lack of training and supervision is one of the biggest risks in the workplace. If not used properly, forklift trucks can be dangerous. Health and safety legislation in the UK is stringent and your employer is responsible for ensuring forklift truck drivers are properly trained and supervised before operating the vehicle.

This is why those operating forklift trucks must have adequate training, supervision and equipment, including warnings against speeding and poor maintenance. Forklift truck users should have training in:

  • How to load and unload the forklift
  • How to safely step into and down from the truck
  • Pedestrian awareness, both site workers and visitors to the site
  • Operating emergency breaks and safe emergency stops
  • The minimum distances to be maintained between the forklift itself and other vehicles and pedestrians
  • Reacting to blind corners where pedestrians or other vehicles may be found
  • Understanding a construction site’s traffic system and how it is implemented

Your employer is also responsible for ensuring other site users, such as pedestrians and other vehicle drivers and passengers, are kept safe when forklift vehicles are being operated on site.

If an accident occurs causing injuries, it is highly likely the result of a breach of health and safety legislation and anyone injured can claim injury compensation.

Employers are also required to carry out regular risk assessments and take action when a risk is identified. If your employer has not recently conducted a risk assessment, this will be important for your claim.

Worried about the impact on your employer?

This is a common and entirely understandable concern for injured employees who need to claim compensation. But you don’t need to worry. Your employer will have insurance in place covering the financial risk of injury claims by anyone on site – including employees and other visitors on the premises.

This means your employer is cushioned from the financial impact of you making a claim. Your compensation pay-out will come from the insurance company not out of your employer’s pocket.

What if I am to blame?

Please don’t assume that if you were at all to blame for the accident, you cannot then claim compensation. That is not the case.

First, you may think you were at fault only to find out when speaking with a specialist solicitor that you may not be legally to blame at all.

Second, if you were found to be partly to blame for the incident, this simply means the level of compensation you eventually receive may be reduced proportionately. So if the accident resulted from someone else’s negligence and you have been injured – you can claim compensation even if you were partially to blame.

What compensation might I win?

Your compensation will be made up of ‘general damages’ and ‘special damages’. General damages compensates you for your actual injuries, pain and suffering. How much you receive depends on the nature and extent of your injuries.

You can also claim ‘special damages’ to compensate you for your accident-related financial losses. These can include:

  • Loss of wages and overtime.
  • Medical expenses and prescription costs.
  • Damaged clothing.
  • Travel expenses such as taxis or public transport to hospital appointments.
  • Your partner’s loss of earnings if they’ve had to take time off to care for you.
  • Rehabilitation costs, for example, if you need adaptations at your home carried out.

How we can help you?

We will take details of all that’s happened to you and what your injuries are. We will then guide you towards making a compensation claim by partnering you with a specialist personal injury lawyer who will give you free legal advice on what happens next.

At no point will you be under any obligation to continue with a claim.

What will my lawyer need to do?

To win your claim, your specialist lawyer will need to prove, on the balance of probabilities, that your employer was negligent and that you were injured as a direct result.

All employers have a legal duty of care towards their employees, to ensure they have a safe workplace in which to work. So if, for instance, there were failures in training and supervision, insufficient warnings signs or mechanical failures, the workplace was unsafe and your claim will succeed.

What’s next?

If you can bring a claim for compensation, our panel of specialist injury lawyers take on injury cases on a ‘no win no fee’ basis. This means there is no upfront cost, not even for the initial consultation. Find out more information about no win no fee here

We have a nationwide panel of expert injury lawyers who are here to claim maximum compensation for you in the shortest time possible.

What will it cost me?

We genuinely care about you as an injured person and you can count on our support from the outset. Our aim is to make your compensation process simple and straightforward, taking the stress out of it.

You must act quickly, though. You have three years in which to make an injury claim, but the sooner you get the ball rolling the fresher your memory of events – and that of any witnesses.

We offer free help and guidance with your compensation claim