Forklift truck injury
compensation claims

If a forklift truck injury has set you back, we'll help you move forward

Forklift trucks, while essential in various settings for handling heavy loads, present notable risks to operators and nearby workers. Accidents involving forklifts can cause serious injuries or fatalities. If you're a victim of such an accident, you might be eligible for compensation.

This guide walks you through claiming forklift injury compensation with a personal injury solicitor, documenting your injuries, and understanding the process of making a No Win, No Fee claim.

With over 1,300 accidents a year, you are not alone

Forklift trucks and other lift trucks are a major cause of workplace accidents.

An estimated 1,300 serious forklift accidents happen each year in the UK (ukmha.org.uk).

The HSE also note that forklift accidents frequently occur because of inadequate supervision and training.

See also:

Workplace accident claims

Do I qualify for forklift truck injury compensation?

You will usually be eligible to claim compensation if you have been injured in the following circumstances:

• in the last 3 years,
• by someone elses actions or negligence, and
• they owed you a duty of care.

Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

What if I was partly to blame?

Liability for an accident often involves fault on both sides.

In our recent 2024 Work Injury Claimant Survey, 26.02% of injured workers thought they could be partially to blame for their accident.

Even if you think you might be partly liable, you could still be eligible to make a claim. With workplace injuries, it's possible to claim compensation from your employer, regardless of whether your own actions or those of a colleague contributed to your injury.

Read more:

Can I claim if I feel I was partly responsible for my accident?

How long do I have to make an injury claim?

In most cases, you have 3 years from the date of the accident, or the diagnosis of a medical condition caused by the accident to start your claim.

Read more:

Claiming compensation for a work injury

How much compensation can I claim for a forklift truck injury?

The amount of compensation you may be able to claim for a forklift injury will depend on several factors, including the severity of your injuries, the impact the injuries have on your life and the cost of any necessary medical treatment and other expenses.

General Damages

This type of damages is intended to compensate you for the pain, suffering, and loss of amenity caused by your injuries. The amount awarded for general damages will depend on the severity of your injuries and the impact they have on your life.

Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

How is compensation calculated if I have multiple injuries?

Special Damages

Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying compensation for lost earnings, bonuses and overtime, special damages can cover any care costs and medical procedures you need.

Read more:

A complete list of recoverable losses in a personal injury claim

Typical forklift truck injuries

Forklift truck injuries can be severe, often requiring emergency medical treatment and rehabilitation. Injuries frequently occur when a person is trapped between the forklift and another object, vehicle, or wall. Common injuries include:

• Crush injuries
• Traumatic Brain Injuries (TBIs)
• Spinal cord injuries
• Burns
• Amputations
• Soft tissue injuries

Mental health support after a work accident

Are you concerned about the mental and emotional impact of your injury? You are not alone.

Our 2024 Work Injury Claimant Survey reveals the extent of psychological trauma, with 25.00% of claims involving a psychological injury, 64.09% of which related to a physical injury.

Forklift accidents can lead to a specific phobia of operating or being near forklifts and similar plant. Serious accidents can lead to nightmares, flashbacks and PTSD.

Some workers remain hesitant to seek help for potential psychological injuries, fearing that their concerns will be dismissed or they will be treated differently.

Factoring compensation for psychological harm will ensure you receive mental health support and other therapies that may not be readily available on the NHS in your area.

Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.

Where are forklift truck accidents most likely to happen?

Forklift truck accidents are more likely in industrial areas and warehouses, construction sites, manufacturing plants, retail stores, and agricultural fields.

These settings often have high activity levels, crowded spaces, and potentially challenging terrain, increasing the risk of accidents. Ensuring and adhering to health and safety measures is crucial in minimising these risks.

Who is at risk?

Forklift drivers operators are at direct risk due to potential operational mishaps or equipment malfunction. Similarly, floor staff, such as those working in aisles in warehouses or on construction sites, are also vulnerable due to their proximity to the forklifts' operational pathways.

Pedestrians in public areas near loading docks or construction zones can be at risk, especially if safety protocols are not strictly followed or if areas are inadequately cordoned off during forklift operation.

Employers' have duty of care to prevent forklift truck accidents

Employers have a legal duty of care to ensure the safety of their employees at work, as well as anyone else who might come into contact with a forklift, including members of the public.

and they must take measures to ensure the safe operation of forklift trucks, including:

• Training - Provide comprehensive forklift operation training.
• Maintenance - Perform regular forklift maintenance checks.
• Supervision - Actively supervise forklift use to enforce safety practices.
• Safety Procedures - Establish clear forklift safety procedures, such as load and speed limits.
• Risk Assessments - Regularly evaluate workplace risks affecting forklift operation.
• Regulatory Compliance - Adhere to equipment use regulations and workplace health and safety laws.

If your employer is in breach of this duty and you were injured as a result, a claim may be possible.

What if it was driver error?

If a forklift accident is caused by driver error, you may still be able to claim compensation. Errors like inadequate training, inattention, speeding, and driver fatigue can all lead contribute to accidents.

Employers are typically held responsible for their employees' actions under vicarious liability if the accident occurs in the course of employment. In public spaces, claims might involve public liability, depending on the accident's location and the parties involved.

Who can make a claim?

Anyone injured by a forklift due to employer negligence or unsafe working practices is entitled to make a forklift injury claim under employer liability. This includes workers, visitors, or bystanders in work environments where forklifts are used.

Furthermore, individuals injured in public spaces due to forklift operations may claim under public liability, covering accidents that occur outside of private work settings.

Collecting evidence to support your claim

Successfully claiming compensation for an injury will hinge on the supporting evidence. Personal injury solicitors are adept at collating evidence and constructing a robust claim in support of even the most borderline cases.

Nevertheless, it will help your claim if you are able to collect and retain as much evidence as possible, including witness statements, photos of the accident scene, medical records, maintenance records, and accident book reports.

Read more:

Critical things to do after a work accident - checklist

What happened?

Claiming compensation depends on the circumstances of your forklift truck injury. Click the icons below for read more:

Work accidents Public places Road accidents Other accidents

Citations

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.