Forklift Truck Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a forklift truck accident, we can help.

If your injuries were caused by your employer or a co-worker, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a work accident compensation claim with the help and support of a personal injury solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses. By law, your employer will have insurance to cover the cost of injury claims, and your compensation will be paid out of this policy.

We can help you make a work accident claim on a No Win No Fee basis.

In this article

Introduction

Health and Safety Executive (HSE) figures indicate that lift trucks, including forklift trucks, are a frequent source of workplace accidents. Over 5,000 reported accidents a year involve workplace transport.

Lift trucks are involved in around 25% of all workplace transport accidents.

The HSE has found that lift truck accidents are often the result of inadequate supervision in the workplace, and inadequate training in handling lift truck vehicles.

Who can make a forklift accident claim?

In approximately 60% of cases, forklift truck accidents cause injury to site visitors and employees other than the forklift truck driver.

Forklift truck accident injury can be sustained by adjacent co-workers in a warehouse. Injury to the general public can also be caused. Usually, accidents involving the public occur during forklift truck loading, or unloading, in a public space or public highway. Claims for building site accidents are also not uncommon.

If personal injury is sustained in a forklift truck accident, all inured parties involved are entitled to make a compensation claim.

Typical forklift truck injuries

Forklift truck accidents can cause severe injuries including:

  • Crushing between the vehicle and an adjacent object
  • Collision injuries resulting from impact with the vehicle
  • Impact injuries resulting from objects falling from, or pushed over by, the vehicle

If you have sustained injuries, your solicitor will assist you in gathering accident site evidence to support your claim.

Making a claim as an injured employee

Legislation covering the safety of employees using lift trucks, including forklift trucks, includes:

Workplace (Health Safety and Welfare) Regulations 1992 - employers have a duty of care to ensure the safety of their workers in the workplace. The Regulations also require that vehicles are able to move around safely in the workplace.

Provision and Use of Work Equipment Regulations 1998 - employers must provide adequate training in the safe handling and driving of forklift truck vehicles. Supervision must be provided to ensure continuous safe handling and operation of forklift truck vehicles in the workplace. Forklift truck vehicles must be appropriately maintained, and in good working order.

The HSE has also published minimum safety standard recommendations for the operation and handling of lift truck vehicles in the workplace: Rider-operated lift trucks: Operator training and safe use: Approved Code of practice and guidance.

Employers can be held liable to pay compensation for workplace injuries to their employees. Claimants can sue their employers (as the defendant) for workplace injuries, even if the actions of a co-worker caused the accident.

The Personal Protective Equipment at Work (Amendment) Regulations 2022 came into force on 6 April 2022.

This legislation means that employers have an obligation to provide free Personal Protective Equipment (PPE) to all workers, including workers who are self-employed or on a zero-hours contract.

Under the previous 1992 regulations, employers were only required to provide PPE to employees with a formal employment contract.

If you are injured by a forklift truck at work and your employer failed to provide you with suitable PPE, you may be entitled to claim compensation - even if you are self-employed.

Making a claim as a member of the public

If you sustain forklift accident injuries as a member of the public, you are entitled to make a personal injury claim. Even if you are unsure who was responsible for your accident, you may still be able to claim. Your solicitor will assist you in gathering evidence to support your claim, such as CCTV footage.

Do I have an injury claim?

It should be possible to make an injury claim if you were injured:

  • in the last 3 years and;
  • someone else was to blame.

Even if these two points don't apply to you, you may still be able to make a claim.

To find out for sure, speak to a legally trained adviser on 0800 376 1001.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

Can I still make a forklift truck injury claim after three years?

In general, a forklift truck injury claim can only be made outside of the three-year limit if you were diagnosed within the last three years with a health condition that was caused by historic exposure, or you were fundamentally unable to make a claim within the three-year window, due to incapacity.

How much compensation can I claim for an injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

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

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious arm injury can be £45,000

For a less serious leg injury, in isolation, you would typically receive £7,500.

However, if you have a serious arm injury and a less serious leg injury, you would typically receive £45,000 + a reduced percentage of £7,500.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for an injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an injury will depend entirely on your specific circumstances.

Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

Will a work injury claim affect my benefits?

It may. The receipt of a compensation award could affect the calculation of any means-tested benefits. One approach to protecting your benefits, would be to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?

Is it worth claiming for multiple minor injuries?

Yes. even relatively minor injuries can result in reasonable compensation settlements, especially if you have incurred expenses or taken time off work as a result of the accident.

Calculate my injury compensation

Calculating how much compensation you can claim for an injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your injury claim could be worth now:

Calculate compensation

How long does a forklift truck injury claim take?

How long it can take to win compensation for a forklift truck accident can vary considerably.

For example, if liability is accepted by your employer, a claim can settle in a matter of weeks. If liability is denied, the process might take considerably longer. On average a work accident claim takes between 6 and 9 months. See: How long will my claim take?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

How does no win, no fee work?

'No win, no fee' means that if your injury claim is unsuccessful, you won't have to pay your solicitor any money. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is an agreement entered into between you and the solicitor.

Our no win, no fee guarantee

If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your injury. Read more about making a No win, no fee claim

What do I pay if I win my injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my injury claim?

If your injury claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.

How do personal injury solicitors get paid?

If your forklift truck injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning work accident claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open:

  • 8am to 9pm weekdays
  • 9am to 6pm on Saturday
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

Call me back
  • Tick icon FREE consultation
  • Tick icon Find out if you can claim
  • Tick icon No obligation to start a claim

Injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more:

Claiming on behalf of another person.

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

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?