Forklift truck accident claims

What types of forklift accidents are there?

You don't have to be a forklift driver or even work with forklift trucks to be injured by them. Because of their weight, a forklift accident often involves serious crush injuries that can be life-changing or even fatal.

A powerful industrial vehicle like a forklift is classed as dangerous equipment and therefore you need strict safety measures to limit the risk of accident or injury.

Unfortunately, there are people and organisations who prioritise speed and efficiency over safety, and they are all too often the real reason that accidents happen. Below are some examples of how forklift truck accidents can be caused:

A forklift accident where you were the driver

• Unsafe driving conditions: where your injury was the result of poor surface conditions, potholes or adverse weather.
• Incorrect training: where the wrong training, or a lack of training, has caused you to be injured.
• Defective forklift: where the forklift you were driving was not safe or fit for purpose.

Other types of forklift accident

• A pedestrian collision: where a forklift truck has collided with you.
• An equipment collision: if a forklift truck has hit shelves, machinery or lockers and you've been injured as a result, including from falling objects or debris.
• Dangerous or reckless driving: injuries caused by speeding, swerving or driving in unregulated areas.

What are my employer's legal responsibilities to prevent forklift truck accidents?

According to The Health and Safety at Work etc Act 1974, employers have a duty of care to keep you safe from injury. It applies on-premises and off, to full and part-time employees, temporary workers, contractors or self-employed sub-contractors and also those working on zero hours contracts.

If your employer fails in their duty of care towards you and you are injured in a forklift accident that wasn't your fault, you have the right to make a no win no fee accident at work compensation claim.

The minimum age for driving a forklift truck is 16. In port facilities, the limit is 18 years of age. The HSE publishes an Accepted Code of Practice (ACOP) for employers and employee operators. They cover the legal responsibilities for training and operator safety advice plus who should be trained, what training should include, authorisation, monitoring and assessment. They also cover refresher training, conversion training, keeping records, training supervisors and how to select instructors.

If your forklift accident was caused by your employer breaching the HSE code of practice, then you may be eligible to make a claim for forklift accident compensation. Call us on for a confidential chat with one of our friendly, legally-trained advisors.

What are my health and safety rights at work?

UK Health and Safety law says you have the right to:

• Work in a safe environment where the risks of injury are properly controlled.
• Adequate training and all necessary personal protective equipment (PPE).
• Work using equipment that is properly maintained and safe to use.
• Cease working and vacate an area if you think you or your co-workers may be at risk of injury.
• Be included by your employer in health and safety discussions.
• Report any health and safety matters to your employer in good faith.
• Contact the HSE or the local council without fear of intimidation or harassment.
• Join a trade union and be a safety representative.
• Receive paid time off work for training as a safety representative.
• Appropriate on-site first-aid facilities and trained first aiders.

Was your forklift accident someone else's fault?

We understand that it can sometimes be difficult to know if your accident was somebody else's fault, especially if you've been working in the same way without injury or accident for some time. However, there are some rules and regulations that, if broken or not followed, mean that someone else is responsible for your injury.

Forklift truck accidents, safety and liability

There are no government-issued licences for forklift trucks. However, your employer is required to make sure all members of staff operating machinery and vehicles are properly trained under the Provision and Use of Work Equipment Regulations (PUWER). This is to make sure that any risk posed by forklift trucks is minimised.

Where forklift trucks are used, basic training should be given and followed, such as the L117: Operator training and safe use, approved code of practice.

If your employer has failed to provide this training, either internally or via industry trade bodies such as the Fork Lift Truck Association (FLTA), and you've suffered an injury as a result, then the accident was somebody else's fault. Imagine, if you or your colleagues had been given this training, you may have been able to prevent the accident that led to your injury.

With this in mind, it's also important to remember that if your employer has failed to make your working environment safe for forklift trucks to operate in, or has provided poorly maintained forklift trucks, they are to blame for the injury you've suffered.

We've helped thousands of people start claims for their accident at work. Have a look at a few of the many thousands of reviews we've received on Trustpilot, the largest independent review website. They show you how using a supportive, reliable and well-established company like us can make claiming compensation a much smoother process.

What happens if I was partly to blame for my forklift accident?

Even if you were partially at fault for your accident, you can still make a claim for forklift accident compensation under what's called contributory negligence. This is also sometimes called ‘split liability'. It's where both you and your employer agree on a share of the blame. For example, this could be any ratio such as 50:50, 40:60 or 25:75.

For example, in a forklift accident compensation claim worth £25,000, the employee is judged 40% responsible and the employer 60% responsible (40:60). The total compensation payment for the claimant, before deduction of the relevant legal fees, would therefore be £15,000.

Can you claim for your forklift accident?

The simplest, easiest, and probably quickest way to find out if you can claim for your forklift accident is to call us for free on [medtel].

We'll ask you a few questions about your accident, and we can then tell you over the phone if we think you have a claim. If you're ready to start the process straight away, we'll transfer you to one of our specialist solicitors.

However, we're also happy to give you impartial, no-obligation advice too. There's no pressure to take the next step straight away, and all of our conversations are confidential. So if you would like to talk about your experience, give us a call on [medtel].

Alternatively, you can use our three-step check below to find out if you could claim.

Three-step check

If you answer yes to the below questions, then it's likely we can put you in contact with a solicitor. We'll have to speak to you on the phone just to get the details of your accident, but the call shouldn't take long.

• Did your accident happen within the last three years?
• Was the accident somebody else's fault?
• Were you injured as a result of the accident?

How much compensation could you receive?

Many people want to know how much compensation they could receive in successful forklift injury claims. The exact value depends on things like injury severity, recovery time and whether or not your employer accepts liability. You won't have a precise idea until your solicitor has valued your claim.

However, to give you an idea of the amount of compensation you may be entitled to, we've created a handy compensation calculator. Our calculator will ask you some questions about your accident and your injuries, and then provide a guide figure on how much your claim might be worth - although remember this might not be the final amount.

It's important to remember that any money you receive will be useful in paying bills while you're off work. They can also go towards the recovery process. Plus, bringing unsafe practices to an employer's attention can spark a change in policies, preventing future harm to you and your colleagues and making claiming the responsible thing to do.

When your specialist solicitor negotiates compensation on your behalf, they consider a number of factors. These include, but are not limited to:

• The type of injury you've experienced.
• The severity of your injury.
• Any loss of earnings you may have suffered as a result of your injury.
• Any costs you've had to cover, including prescriptions, travel and medical treatment.
• The length and nature of your recovery.

If you've decided to start a claim, your solicitor will let you know a more accurate estimation of the value of your claim as soon as possible.

Looking to start your forklift accident claim?

We know that your accident could have caused you pain, anxiety and stress. It can harm you both physically and psychologically. Likely it has probably meant you've had to take time off work, which can result in a loss of earnings. The knock-on effects can impact you, and your family, in ways you'd never expect.

You deserve to be compensated for the impact your accident has had on your life.

If you're ready to start your claim, then we can help you. Call us for free on . We'll ask you some questions and let you know if we think you have a claim in minutes.

Need more advice about forklift accident claims?

We're able to give you free, confidential advice without the pressure of claiming. Get in touch with us today on and we'll answer your questions. Alternatively, enter your details into one of our forms and we'll call you back.