Accident At Work Claims

Forklift Truck Accident Claims

Forklift trucks (FLTs) are used in a variety of industries, but when these vehicles aren’t driven, maintained or loaded to the correct standard, accidents can happen.

Both forklift trucks and reach trucks, which are used to place and recover items stored in a high position, can be referred to with the name “forklift”. Accidents involving these vehicles may not only injure the driver, but can affect other workers and members of the public.

Employers should ensure your safety (and the safety of the public) at all times by putting in place measures to avoid forklift truck accidents. Our workplace accident solicitors are here to help if this hasn’t happened, and could help if you make a compensation claim if you’ve been in an accident which involved:

  • Forklifts colliding with pedestrians
  • Loads falling from trucks
  • Unsafe driving causing trucks to topple
  • Pedestrians being crushed between a truck and object
  • Forklift trucks being driven into another object/vehicle

Our experienced lawyers specialise in accident at work claims, so we know what it takes to make a difference after you’ve been injured. We’ll always put your first, helping you access care and support to aid your recovery. Your compensation can also cover any time you’ve had to take off, so you can have peace of mind while you recuperate.

Most forklift truck accident claims we handle are on a No Win No Fee basis*. This means that you don’t have to pay anything upfront, and that you won’t pay a thing if your claim is unsuccessful.

To find out more about making a claim, contact us today to set up a free initial consultation.

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Forklift Truck Accident Claims - More Information
    • What Will Happen When I Make A Claim?
    • After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

      We’ll then get in touch with those responsible for your accident at an early stage to see if they accept the blame for your injuries. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

      Our lawyers will look into your case in detail, gathering evidence from independent medical professionals and health and safety specialists. These experts will analyse why your accident happened and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

      We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your employer doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

      Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

      Read more about what happens if your case goes to court.

    • How Long Do I Have To Make A Claim?
    • You normally have three years to make a claim from the date of your accident. However, there are some exceptions to this rule:

      • Under 18s – you can claim on behalf of a child who was on work experience or working part-time. No time limits apply in these circumstances until the child turns 18. When the child turns 18 they can make their own claim but the three year time limit will then apply.
      • Mental capacity – you can make a claim on behalf of someone who doesn’t have the ability to do so themselves, including when someone has suffered a serious head/brain injury as a result of their accident. In these circumstances, no time limits apply.
      • Fatal claims – if you’re claiming on behalf of a loved one who died, you’ll either have three years from the date of their death or the date of the accident to make a claim.

      If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.

    • Who Can Make A Claim?
    • We could help you make a claim if you’ve been injured in a forklift accident, whether you’re an employee, contractor, member of the public or a visitor to the worksite.

      Even if you’re a casual worker or consider yourself to be self-employed, you might still be considered as an employee under UK law, giving you the same rights as other workers when it comes to health and safety.

      If you’re an agency worker who has been injured in a forklift truck accident, both the agency you work for and the operatives of the business you’re working for should take responsibility for your safety. They should work together to make sure that precautions are in place to protect you.

      We can also help with claims being made on behalf of others including:

      • On behalf of a child who has been in an accident before their 18th birthday
      • For someone who doesn’t have the mental capacity to handle their own case
      • On behalf of a loved one who has unfortunately passed away

      If you’ve sadly lost a loved one in a warehouse accident, we can help you with:

      • Recovering compensation for their pain and suffering, to account for financial losses caused by their death and to cover funeral expenses
      • Representing you at inquest
      • Getting you the answers and apology you deserve from those responsible

      Our lawyers could also help you access a statutory bereavement award, a flat rate of £12,980 which is provided when a wrongful death has occurred. This is available if you’re the spouse, civil partner or parent (if under 18) of the person who died.

    • Can I Make A No Win No Fee Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your claim, we’ll discuss the funding options available, advising you which we think is the most suitable. If you have legal expenses insurance (LEI), or can access support through trade union membership, these may be best for you. Legal expenses insurance is included in many household and car insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

      Please visit our No Win No Fee page for more information on how it works.

    • Meet Our Experts
    • Forklift accidents can cause considerable pain and suffering, requiring you to undergo rehabilitative treatment and for you to take time off work to recover. Our lawyers could help you make a claim if a forklift accident caused you to suffer from injuries including:

      • Broken bones and fractures
      • Spinal injuries
      • Head injuries
      • Neck injuries
      • Internal injuries
      • Crush injuries (bleeding, bruising, compartment syndrome, fractures etc.)
      • Chronic pain
      • Ligament damage
      • Post-traumatic stress disorder (PTSD)

      Not only can our lawyers help with your case, but our client liaison managers can work with you to help you access care and support, using their contacts based across the UK.

      We can talk you through the cases we handle and how we could help you in a free initial consultation. To find out more about more about making a claim or to organise your meeting, contact us today on 0800 056 4110.

      Meet the team 

I will always hold Irwin Mitchell in the highest of regard. Best decision I ever made to choose them. Thank you."

Stuart, client

Frequently Asked Questions

Can I Make A Forklift Accident Claim?

A number of factors can contribute to forklift accidents in the workplace. Things can go wrong because of operational mistakes, the design of your workplace, hazardous loads and mechanical faults. We can help with claims when the following precautions haven’t been made:

  • Poor training – when adequate training isn’t provided the driver might not know how to manoeuvre around obstacles and changes in surface.
  • Equipment – attachments and accessories should be fitted correctly and the forklift itself should be maintained to a good standard to avoid parts malfunctioning. You should be provided with the correct personal protective equipment (PPE) including florescent jackets and hard hats.
  • Speeding – going too fast in a forklift truck can mean that the drivers’ reaction time shortens. It’s advised that forklifts don’t go faster than 5mph.
  • Stacking/piling loads – loads should be stacked in the most stable way possible and shouldn’t block your vision. Pallets should be in good condition and shouldn’t be overloaded.
  • Elevated loads – drivers should carry loads as close to the ground as possible to improve the stability of the vehicle.
  • Turning – going around a corner too fast, even without a load, can mean that the vehicle tilts to one side. It’s advised that drivers slow down and keep a gradual speed throughout the turn.
  • Marked zones – it should be marked where forklifts are being used including signs and floor tape.
  • Operation areas - where forklifts are being used, aisles should be kept uncluttered with obstructions being removed from doors and intersections.
  • Rides – drivers shouldn’t give rides to other workmates or attempt ‘stunt’ driving.

Our experts can advise you what precautions should’ve been in place to protect you. To find out more about making a compensation claim, contact us today on 0800 056 4110.

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What Injuries Could I Claim For?

Forklift accidents can cause considerable pain and suffering, requiring you to undergo rehabilitative treatment and for you to take time off work to recover. Our lawyers could help you make a claim if a forklift accident caused you to suffer from injuries including:

  • Broken bones and fractures
  • Spinal injuries
  • Head injuries
  • Neck injuries
  • Internal injuries
  • Crush injuries (bleeding, bruising, compartment syndrome, fractures etc.)
  • Chronic pain
  • Ligament damage
  • Post-traumatic stress disorder (PTSD)

Not only can our lawyers help with your case, but our client liaison managers can work with you to help you access care and support, using their contacts based across the UK.

We can talk you through the cases we handle and how we could help you in a free initial consultation. To find out more about more about making a claim or to organise your meeting, contact us today on 0800 056 4110.

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What Regulations Should My Employer Have Followed?

To use a forklift truck in the workplace, several pieces of legislation need to be considered. The Health and Safety Executive (HSE) has published a guide for those responsible for the safe operation of the trucks to avoid any accidents. These documents includes supervisions such as:

  • The main legal requirements to operate forklift trucks
  • The Approved Code of Practice
  • Training and stacking guidance

Other relevant legislation which must be considered includes:

  • Health & Safety at Work Act
  • Provision and Use of Work Equipment Regulations (PUWER)
  • Workplace (Health, Safety and Welfare) Regulations
  • Lifting Operations and Lifting Equipment Regulations (LOLER)
  • Control of Substances Hazardous to Health Regulations (COSHH)
  • Construction (Design and Management) Regulations (CDM)

Employers should always consider these regulations to ensure your safety. If you’ve had an accident and safety precautions weren’t being followed, we could help you make a claim.

You can make a claim against your current or past employer if you’ve been injured in a forklift truck accident. We know that claiming against your current employer can seem daunting, but the law states that your employer should have liability insurance which means they'll be protected if a claim is made against them. This insurance will also mean that they won’t be damaged financially if you make a successful claim, as your compensation will be paid by their insurer.

By making a claim, you’ll also be highlighting that a safer working environment is necessary. This could protect other members of staff from getting injured as safety precautions will be put in place.

If you’re thinking about making a claim, contact our experts today to set up a free initial consultation to discuss your case.

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We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

"They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases."
We're delighted to have been named Claimant Solicitor of the Year in the 2016 Post Magazine Rehabilitation First Awards, an award we've won on seven occasions.
"'One of the best’ and ‘go-to firm’ Irwin Mitchell covers the full range of work, and specialises in complex, unique cases."

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We campaign to help prevent fatal accidents at work.

We work with Families Against Corporate Killers (FACK) to provide support to the relatives of those who have lost their lives in accidents at work.

FACK campaigns to bring workplaces to justice who haven’t complied with health and safety regulations and offers help with bereavement at this difficult time.

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