If you’ve been injured in a forklift accident at work, you might be wondering, “Am I eligible to claim compensation?” It’s a common question, and the answer depends on several important factors. Forklift trucks are essential tools used in warehouses, construction sites, and factories, but they can also be dangerous if not operated or maintained properly.
In this article, I’ll explain in simple terms what you need to know about making a forklift accident claim. I’ll help you understand when you can claim compensation, what your employer’s responsibilities are, and what you should do if you’ve been hurt. I’ll also cover common causes of forklift accidents and what evidence you’ll need to support your claim.
Let’s get started.
What Is a Forklift Accident Claim?
A forklift accident claim is a type of personal injury claim you can make if you get hurt because of someone else’s negligence involving a forklift truck. Negligence means that someone, often your employer, failed to take reasonable care to keep you safe.
If this failure caused your injury, you may have the right to claim money to help you recover financially and physically. This compensation can cover your medical costs, lost wages, pain and suffering, and any other losses related to the accident.
Am I Eligible to Claim Compensation?
To answer this question, there are three key things you must be able to prove:
1. Someone Owed You a Duty of Care
Your employer or another responsible party must have owed you a legal duty of care. This means they had a legal responsibility to make sure you were safe while at work.
Under the Health and Safety at Work Act 1974, employers are required to take all reasonable steps to protect their employees from risks at work. This includes training staff properly, keeping equipment in safe condition, and maintaining a safe working environment.
If your employer failed to meet these duties, they may have breached their duty of care.
2. That Duty Was Breached Through Negligence
You must show that the duty of care was broken. For example, if your employer did not provide you with adequate training on how to operate a forklift, or if they failed to maintain the forklift properly, this could be negligence.
Other examples of negligence include:
- Allowing untrained workers to operate forklifts.
- Failing to repair faulty brakes or steering.
- Poor workplace layout that makes forklift operation unsafe.
- Not enforcing safety rules such as wearing seatbelts or protective gear.
3. You Suffered an Injury Due to This Negligence
Finally, you must have been injured because of the negligence. This means your injury wouldn’t have happened if your employer had taken reasonable care.
Your injury can be physical (like broken bones, cuts, or back injuries) or psychological (such as anxiety or trauma caused by the accident).
If all three of these elements are present, you are generally eligible to make a forklift accident claim.
Can I Still Claim Compensation if I Was Partly to Blame?
You might worry that if you made a small mistake, you won’t be able to claim compensation. But the law recognises that accidents can happen when more than one person shares some blame.
Under the Law Reform (Contributory Negligence) Act 1945, you can still claim compensation even if you are partly responsible for the accident. The court will decide how much each party is at fault and reduce your compensation accordingly.
For example, imagine the forklift had faulty brakes (your employer’s fault), but you were also not paying full attention because you were distracted by your phone. The court might say your employer is 70% responsible and you are 30% responsible. So, if your total compensation was £10,000, you would receive £7,000 after the reduction.
Common Causes of Forklift Accidents at Work
Understanding how forklift accidents happen can help you identify if negligence played a role in your case. Some common causes include:
- Lack of training: Operators who haven’t been trained properly are more likely to cause accidents.
- Poor maintenance: Forklifts with faulty brakes, steering, or lifting mechanisms can cause serious injuries.
- Unsafe workplace design: Narrow aisles, poor lighting, or cluttered areas increase the risk of collisions.
- Overloading: Carrying loads heavier than the forklift’s capacity can cause tipping.
- Reckless driving: Driving too fast, making sharp turns, or ignoring safety rules puts everyone at risk.
- Pedestrian accidents: Workers or visitors walking in areas where forklifts operate can be hit if safety measures are not followed.
- Falls from height: Accidents may happen if operators are lifting loads too high or working on elevated platforms.
If any of these factors contributed to your accident, it could strengthen your claim.
What Injuries Can Result from Forklift Accidents?
Forklift accidents can cause a range of injuries, from minor to life-changing. Some of the most common injuries include:
- Broken or fractured bones
- Cuts, bruises, and lacerations
- Back injuries and spinal damage
- Head injuries and concussions
- Soft tissue injuries like sprains and strains
- Crush injuries from falling pallets or the forklift itself
- Psychological injuries such as PTSD or anxiety
If you’ve suffered any injury in a forklift accident, it’s important to seek medical attention immediately and keep a record of your treatment.
What Evidence Do I Need to Make a Successful Claim?
To win your claim, you need to prove that your injury was caused by negligence. Evidence is vital here. Some types of evidence that can help include:
- Accident reports: Workplaces with ten or more employees must keep an accident book. Your accident should be recorded there.
- Photographs: Pictures of the accident scene, the forklift involved, and your injuries can clearly show what happened.
- Medical records: These show the nature and severity of your injuries and treatment received.
- Witness statements: If anyone saw the accident happen, their testimony can support your claim.
- CCTV footage: Many warehouses and construction sites use cameras. Request footage quickly as it may be erased.
- Training records: Proof that you or the operator were trained or not trained.
- Maintenance records: Evidence of whether the forklift was regularly checked and repaired.
- Correspondence: Emails or letters between you and your employer regarding the accident or your injuries.
- Diary: Keeping a personal diary about your pain, recovery, and how your injury affects daily life can help show the impact.
Gathering this evidence early improves your chance of a successful claim.
What Compensation Can I Claim?
Compensation for forklift accident claims usually covers two things:
1. General Damages
This is money for the pain, suffering, and long-term effects of your injury. This can include physical and psychological harm.
2. Special Damages
This covers any financial losses caused by the accident, such as:
- Medical bills not covered by the NHS
- Travel costs for treatment
- Loss of earnings if you couldn’t work
- Care costs if you needed help at home
- Adaptations to your home or vehicle
Your solicitor can help you calculate all losses so you claim the full amount you deserve.
How Long Do I Have to Make a Forklift Accident Claim?
In most cases, you have three years from the date of the accident to make your claim. This is the legal time limit for personal injury claims.
If your injury was not immediately obvious (for example, some back injuries or psychological injuries), the time limit may start from the date you first realised it was caused by the accident.
If the injured person is a minor (under 18) or lacks mental capacity, there are special rules that may extend the time limit.
Do I Need a Solicitor?
While you are not legally required to have a solicitor, it is strongly recommended. Making a claim against an employer or their insurer can be complicated. Solicitors understand the legal process and can:
- Gather evidence on your behalf
- Arrange independent medical assessments
- Communicate with the defendant’s insurer
- Negotiate compensation to get you the best possible settlement
- Handle all the paperwork and deadlines
Many personal injury solicitors work on a No Win No Fee basis, which means you won’t have to pay any legal fees upfront, and if you don’t win, you don’t pay anything.
What Should I Do If I’ve Been Injured in a Forklift Accident?
If you’ve been hurt, here are some steps to take:
- Seek medical help immediately. Your health comes first.
- Report the accident to your employer as soon as possible. Make sure it is recorded in the accident book.
- Collect evidence if you can. Take photos, get witness contact details, and keep records of communications.
- Keep a diary about how your injury affects you.
- Contact a personal injury solicitor for advice and to discuss whether you can claim compensation.
Final Thoughts
If you’ve been injured in a forklift accident at work, you could be entitled to claim compensation. Remember, your employer must take reasonable steps to keep you safe. If they didn’t, and you were hurt as a result, you have the right to seek justice.
Don’t let worry about fault or complex legal processes stop you from getting the support you deserve. Speak to a solicitor who specialises in workplace accidents. They can guide you every step of the way and work to ensure you receive fair compensation.
Time limits apply, so don’t delay in getting advice. Your health, wellbeing, and financial future matter.
If you have any questions or want to see if you can start a claim, get in touch with a trusted personal injury solicitor today. They can give you a free, no-obligation assessment of your case and help you understand your options.
