Things to consider when you claim for a forklift truck accident
- Employers and site managers must ensure that forklift operators have suitable training, are supervised, and that equipment is well maintained. PPE must also be provided.
- Forklift trucks should not be operated in unsafe conditions, such as small, cluttered, or poorly lit areas.
- You can claim as an employee, contractor, temp worker or site visitor.
- You can also claim if you were injured by a third-party contractor, or as a result of poor maintenance.
- Your employer cannot fire you for making a claim.
- You have 3 years from the date of your injury to begin your claim.
- You can start a claim with no win, no fee.
- Compensation varies according to your injury's severity and the financial losses or expenses you've incurred. Use our compensation calculator to estimate your claim.
If a forklift truck injury has set you back, we'll help you move forward
Forklift trucks are vital for handling heavy loads in many workplaces but also pose significant risks to operators and nearby workers. Accidents involving forklifts can result in severe injuries or even fatalities. If you've been injured in a forklift accident, you may be entitled to compensation.
This guide explains how to claim forklift injury compensation with the help of a personal injury solicitor, how to document your injuries, and what to expect from the No Win, No Fee claim process.
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:
How long do I have to make a forklift accident claim?
In most cases, you have 3 years from the date of your 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 accident?
Compensation for an injury caused by a forklift will vary depending on:
- how severe your injury is,
- how your injury impacts both your daily life and your ability to work,
- any expenses or financial setbacks caused by the accident.
Forklift truck injury
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Updated December 2024
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General damages are calculated depending on the severity of your injuries and the impact they have on your life. General damages are based on guidelines published by the Judicial College (judiciary.uk).
Special damages compensate you for financial losses and costs related to your accident, including lost earnings, treatment costs and travel expenses.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average forklift truck injury general damages compensation table
The following forklift truck injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Ankle injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Minor fractures, sprains, and ligament injuries with full recovery | Up to £15,250 |
| Moderate | A fracture or ligament injury with mild ongoing symptoms | £15,250 to £29,500 |
| Severe | Lengthy treatment required, and your ability to walk has been permanently affected | £34,740 to £55,540 |
Arm injury
| Severity | Example | Amount |
|---|---|---|
| Amputation | One arm below elbow | £106,690 to £121,650 |
| Amputation | One arm above elbow | £121,650 to £145,250 |
| Amputation | One arm at shoulder | Over £152,160 |
Chest injuries
| Severity | Example | Amount |
|---|---|---|
| Rib fracture or soft tissue injury | Serious pain and/or disability for several weeks | Up to £4,380 |
| Collapsed lung | Full uncomplicated recovery | £2,440 to £5,910 |
| Chest injury (no damage to lung) | A chest injury with no significant, permanent lung damage (e.g. a penetrating chest wound) | £13,970 to £19,930 |
| Damage to chest or lung | Some ongoing disability | £34,740 to £60,840 |
| Traumatic lung injury | Lung function is significantly affected, causing disability and/or reduced life expectancy | £72,950 to £111,680 |
Foot injury
| Severity | Example | Amount |
|---|---|---|
| Amputation | One foot | £93,150 to £121,650 |
| Amputation | Both feet | £187,940 to £223,550 |
Head & brain injuries
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Minimal brain damage with headaches and/or ongoing symptoms | £2,450 to £14,160 |
| Moderate - level 1 | Good recovery, but with ongoing symptoms (e.g. poor concentration and memory) | £17,000 to £47,770 |
| Moderate - level 2 | Your ability to work is reduced, and ongoing symptoms include poor concentration and memory, and a risk of epilepsy | £47,770 to £100,650 |
| Moderate - level 3 | Your ability to work is greatly reduced, and you have ongoing care needs | £100,650 to £166,540 |
| Moderate - level 4 | Ongoing symptoms include a moderate to severe intellectual deficit, personality change, damage to sight, speech and/or senses, and a risk of epilepsy | £166,540 to £243,040 |
Knee injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | E.g. dislocation, torn cartilage or meniscus, that could cause future symptoms or weakness, or that exacerbated an existing injury | Up to £15,250 |
| Moderate | More serious knee injuries with a greater risk of future symptoms, pain and weakness | £16,460 to £29,050 |
| Serious | E.g. a leg fracture that extends to the knee joint, or injuries that cause constant pain and restricted movement, and/or a risk of osteoarthritis or future knee surgery | £29,050 to £48,210 |
Leg injury
| Severity | Example | Amount |
|---|---|---|
| Amputation | Below-knee amputation of one leg | £108,700 to £150,780 |
| Amputation | Above-knee amputation of one leg | £116,300 to £143,420 |
| Amputation | Below-knee amputation of both legs | £223,550 to £299,650 |
| Amputation | Loss of both legs above the knee, or one leg lost above and one leg lost below the knee | £267,140 to £312,860 |
Paralysis
| Severity | Example | Amount |
|---|---|---|
| Paraplegia | £243,040 to £315,350 | |
| Tetraplegia & quadriplegia | £360,130 to £448,180 |
Pelvis and hip injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Injury with no residual disability and complete recovery in under 2 years | £4,380 to £13,970 |
| Moderate | Ongoing symptoms but no major disability | £13,970 to £43,460 |
| Serious | Including fracture of acetabulum and injuries with a risk of future hip replacement surgery or leg instability | £43,460 to £58,250 |
| Severe | More serious leg injuries with worsening future symptoms | £68,680 to £86,980 |
| Very severe | Including extensive fractures, dislocation, bladder injuries, spondylolisthesis, exteme pain and permanent disability | £86,980 to £145,250 |
Do I qualify for forklift truck injury compensation?
You can make an injury claim for a forklift truck accident, if:
- you were injured within the last 3 years, and;
- someone else was to blame, and;
- they had a legal responsibility to prevent foreseeable harm.
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?
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 for a forklift truck accident?
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 forklift accident 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
How did your forklift truck injury happen?
Claiming compensation depends on the circumstances of your forklift truck injury. Click the icons below for read more:
Can I make a no win, no fee forklift truck injury claim?
Yes. With no win, no fee, you can claim forklift truck injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to a work accident specialist about your claim?
- Calls are FREE
- Confidential consultation
- No obligation to claim
- No Win No Fee solicitors
Call 0800 376 1001
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or arrange a callbackSources
Home - The UK Material Handling Association (reviewed: 27/07/2024)
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.