Forklift Truck Accident Claims

Forklift accidents can cause considerable pain and suffering, requiring you to undergo rehabilitative treatment and 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).

A report from the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) found that 43% of incidents involving a forklift truck were impacts with a third person. Of these, 65% were pedestrians unrelated to the immediate truck operation, 20% were co-workers/supervisors, and 15% were delivery drivers watching or assisting with loading/unloading their vehicle.

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 fluorescent 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 should not block your vision. Pallets should be in good condition and not 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 have been in place to protect you.

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 include supervisions such as:

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

Other relevant legislation that 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 have had an accident and safety precautions weren’t being followed, you might be able to claim.

We know that claiming against your current employer can seem daunting, but the law states that your employer should have liability insurance, which means it will be protected if a claim is made against it. This insurance will also mean that it won’t be damaged financially if you make a successful claim, as your compensation will be paid by the insurer.

By making a claim, you will 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 are thinking about making a claim, contact our experts today to set up a free initial consultation to discuss your case.