Forklift Truck Accident & Injury Compensation Claims

Forklift Truck Accidents.

An estimated 1300 people are seriously injured in Forklift Truck Accidents every year, which amounts to five workers each day being hurt.

Injuries can include complex fractures, dislocations and even amputations or brain injuries, meaning debilitating and long-term effects.

Forklift trucks are typically used on building sites and in factories or warehouses. Injuries are mostly caused by:

• Collisions with pedestrians or other vehicles.
• Collisions with equipment or stacked items which cause injury by subsequently falling.
• Malfunctions due to any part of the equipment being faulty or defective.
• Lifting items that were improperly stacked.

About forklift truck accident compensation claims.

If you suffered an injury involving a forklift truck within the past three years and the accident was caused in full or in part by the fault or negligence of someone else, then you are eligible to make a claim for compensation.

In most cases, there is a three year time to start your claim but it’s always better to begin the claims process as soon as possible after the incident has occured when all of the details are more likely to be available.

Any financial settlement is there as recompense for the trauma and harm that you have you experienced, and to go some way towards recognising the injustice of what has happened.

Your compensation award is there to:

• Protect you against any immediate or future loss of earnings resulting from your injury.
• Enable you to access the best medical specialists, treatments and rehabilitation therapies.
• Cover the costs of any mobility aids, state of the art equipment and home adaptations that you may need to maintain your independence.
• Cover any out of pocket expenses that you may incur as a result of your injury including travelling to and from medical appointments.

By instructing the expertise of one of our fully qualified and practised solicitors, you will have the very best chance of winning your claim and receiving the full amount of compensation available to you.

We provide a strictly No Win No Fee personal injury service so that if your claim is not successful for any reason, you will not have any legal fees to pay.

Your rights at work

When it comes to accidents and injuries at work the law is on your side.

The welfare of all employees is paramount and there is extensive legislation to ensure that everyone is fully protected.

The Health & Safety at Work Act 1974 sets out clearly the measures that must be put in place by your employer, who is legally required to provide:

• A safe working environment.
• Safe equipment and machinery.
• Thorough and regular risk assessments in line with the regulations.
• Effective processes to limit or control any hazards.
• Adequate training and supervision especially with regard to handling dangerous equipment.
• A staff representative to take responsibility for health and safety within the workplace.
• Information about potential risks including hazardous equipment, materials and machinery.
• Safe and competent people working alongside you.

If your employer fails in any of these responsibilities and you are injured at work as a result, then you are entitled to make a claim.

Many clients are anxious about claiming against their employer because of worries over job security, but you cannot be made redundant as a result of pursing a compensation claim, and it is illegal for your employer to harass you or make your work life unbearable so that you ultimately leave your job. We can advise and support you to alleviate any unease you may feel and will make sure that your job and livelihood is secure.

Another concern that clients sometimes have is how their employer is going to cover the costs of a financial settlement themselves and worry about negatively impacting on their employers own financial situation. Your employer will have an insurance policy to cover any accidents and injuries that occur in the workplace and will therefore not be liable to pay directly from their own pocket.

The law is there to protect you and we will provide you with all the information that you need to put your mind at rest and help you to successfully pursue your claim.

Who is responsible if a forklift accident occurs?

 It really depends on the circumstance of the accident.  It could be the forklift truck driver if they acted negligently by not following safety procedures or driving under the influence of alcohol for example.  The forklift manufacturer could be liable if the design or manufacturing process was defective.  The employer might be responsible if they failed in their duty of care to provide adequate training or failed to enforce safety regulations.

What is the most common type of forklift accident?

The most common cause of accidents involving forklifts is the actions of the truck’s operator.  Driving too fast, driving with an elevated load or improper parking are common driver errors that cause accidents.

The most common cause of fatalities is ‘rollovers’ where the forklift tips over, crushing someone underneath. 

How common are forklift accidents? 

Approximately 1,300 UK employees are hospitalised each year due to accidents involving forklifts.  According to the most recent statistics, forklift trucks are the most dangerous workplace vehicle in the country.

On average, five lives are changed every working day due to injuries resulting from accidents involving forklift trucks.

In fact, 25% of workplace injuries involving a vehicle are the result of forklift truck accidents. 

What accidents could occur when a forklift truck is parked?

Many forklift truck accidents occur when the vehicle is parked.

If the forklift was parked on a slope or uneven surface it can rollover on its own. If the surface is steep enough, and the vehicle's parking brake is not properly set, a vehicle weighing several tonnes can easily roll out of control.

Properly parking a forklift is an essential part of the safe operating procedures.