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  • Forklift Truck Accident Claims

Forklift Truck Accident Claims

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Forklift trucks (FLTs) are used in a variety of industries, but when these vehicles aren’t driven, maintained or loaded to the correct standard, accidents can happen.

Both forklift trucks and reach trucks, which are used to place and recover items stored in a high position, can be referred to with the name “forklift”. Accidents involving these vehicles may not only injure the driver, but can affect other workers and members of the public.

Employers should ensure your safety (and the safety of the public) at all times by putting in place measures to avoid forklift truck accidents. Our workplace accident solicitors are here to help if this hasn’t happened, and could help if you make a compensation claim if you’ve been in an accident which involved:

  • Forklifts colliding with pedestrians
  • Loads falling from trucks
  • Push through - this is when objects are pushed from racking falling onto others
  • Unsafe driving causing trucks to topple
  • Pedestrians being crushed between a truck and object
  • Forklift trucks being driven into another object/vehicle

Our experienced lawyers specialise in accident at work claims, so we know what it takes to make a difference after you’ve been injured. We’ll always put your first, helping you access care and support to aid your recovery. Your compensation can also cover any time you’ve had to take off, so you can have peace of mind while you recuperate.

Most forklift truck accident claims we handle are on a No Win No Fee basis*. This means that you don’t have to pay anything upfront, and that you won’t pay a thing if your claim is unsuccessful.

To find out more about making a claim, call us free on 0800 056 4110 or contact us online to set up a free initial consultation.

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Forklift truck accident claims - more information

Forklift accidents can cause considerable pain and suffering, requiring you to undergo rehabilitative treatment and for you to take time off work to recover. Our lawyers could help you make a claim if a forklift accident caused you to suffer from injuries including:

  • Broken bones and fractures
  • Spinal injuries
  • Head injuries
  • Neck injuries
  • Internal injuries
  • Crush injuries (bleeding, bruising, compartment syndrome, fractures etc.)
  • Chronic pain
  • Ligament damage
  • Post-traumatic stress disorder (PTSD)

43% of incidents involving a forklift truck were impacts with a third person. Of these 65% were pedestrians unrelated to the immediate truck operation, 20% were co-workers/supervisors, 15% were delivery drivers watching or assisting with loading/unloading their vehicle.

Not only can our lawyers help with your case, but our support and rehabilitation coordinators can work with you to help you access care and support, using their contacts based across the UK.

There is no requirement for forklift operators to have a license, they need to be over the school leaving age and have appropriate training provided by their employers. Training should be delivered by an accredited body which include the Independent Training Standards Scheme and Register (ITSSAR), the Road Transport Industry Training Board (RTITB) or the Construction Industry Training Board (CITB).

We could help you make a claim if you’ve been injured in a forklift accident, whether you’re an employee, contractor, member of the public or a visitor to the worksite. Whether you were responsible for the forklift truck as a driver or supervisor, or if you were a bystander, we can help with any claim.

Our business employment and health & safety lawyers can help employers with any potential claims as well.

The Health and Safety Executive (HSE) stipulates there must be adequate segregation of forklift trucks and pedestrians within the workplace. Planning of traffic routes should ensure that vehicles and pedestrians are kept separate, preferably by physical barriers, but floor markings, signage, and training are also important.

Where pedestrians and vehicles operate in the same area special controls are required. Barrier systems and deflection zones that do not impinge on walkways can be used. Where barriers are not practical, other means of ensuring safe movement of pedestrians and vehicles must be considered.  This includes clear demarcation of traffic routes using paint on the floor, effective signage and other instructions.

Even if you’re a casual worker or consider yourself to be self-employed, you might still be considered as an employee under UK law, giving you the same rights as other workers when it comes to health and safety.

If you’re an agency worker who has been injured in a forklift truck accident, both the agency you work for and the operatives of the business you’re working for should take responsibility for your safety. They should work together to make sure that precautions are in place to protect you.

Many of our accident at work cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

At the start of your claim, we’ll discuss the funding options available, advising you which we think is the most suitable. If you have legal expenses insurance (LEI), or can access support through trade union membership, these may be best for you. Factory workers and forklift operators will often have insurance to cover an accident in the workplace which may be another option. Your trade union rep may be able to determine if you have insurance to cover a forklift claim. Often Legal expenses insurance is included in many household and car insurance policies, so it’s always worth checking whether you’re already covered.

If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

Please visit our No Win No Fee page for more information on how it works.

You normally have three years to make a claim from the date of your forklift accident. However, there are some exceptions to this rule:

  • Under 18s – you can claim on behalf of a child who was on work experience or working part-time in any warehouse or factory where forklifts are operated. No time limits apply in these circumstances until the child turns 18. When the child turns 18 they can make their own claim but the three year time limit will then apply.
  • Mental capacity – you can make a claim on behalf of someone who doesn’t have the ability to do so themselves, including when someone has suffered a serious head/brain injury as a result of a forklift accident in the workplace. In these circumstances, no time limits apply.
  • Fatal forklift claims – if you’re claiming on behalf of a loved one who died at work, you’ll either have three years from the date of their death or the date of the accident to make a claim.

If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.

client quote looking out to sea

I will always hold Irwin Mitchell in the highest of regard. Best decision I ever made to choose them. Thank you."

Stuart, client

Client story

Forklift truck accident claim Forklift Accidents

Our lawyers worked with a former forklift truck driver after his spine was crushed by the vehicle he was driving. Our client was working at a bathroom manufacturing company when a ramp gave way under his forklift’s wheels, causing it to topple over while the driver was still inside.

The forklift driver managed to crawl free but his injury was so severe that he had to stay in hospital for six days. The man had to wear a special corset to help his spine heal and had to take three months off work as well as enduring intensive physiotherapy.

To help get his life back on track, the driver secured £125,000 in compensation to help with his recovery and rehabilitation.

Back injury

“Before the accident I was strong, healthy and enjoyed my job working in a busy factory - but the injury completely turned my life upside down.”

Spinal injury

“I started to feel better once Irwin Mitchell helped me get access to the physiotherapy and counselling I needed to get on with my life.” - Client

Read More Client Stories

Frequently asked questions

Can I make a forklift accident claim?

A number of factors can contribute to forklift accidents in the workplace. Things can go wrong because of operational mistakes, the design of your workplace, hazardous loads and mechanical faults. We can help with claims when the following precautions haven’t been made:

  • Poor training – when adequate training isn’t provided the driver might not know how to manoeuvre around obstacles and changes in surface.
  • Equipment – attachments and accessories should be fitted correctly and the forklift itself should be maintained to a good standard to avoid parts malfunctioning. You should be provided with the correct personal protective equipment (PPE) including fluorescent jackets and hard hats.
  • Speeding – going too fast in a forklift truck can mean that the drivers’ reaction time shortens. It’s advised that forklifts don’t go faster than 5mph.
  • Stacking/piling loads – loads should be stacked in the most stable way possible and shouldn’t block your vision. Pallets should be in good condition and shouldn’t be overloaded.
  • Elevated loads – drivers should carry loads as close to the ground as possible to improve the stability of the vehicle.
  • Turning – going around a corner too fast, even without a load, can mean that the vehicle tilts to one side. It’s advised that drivers slow down and keep a gradual speed throughout the turn.
  • Marked zones – it should be marked where forklifts are being used including signs and floor tape.
  • Operation areas - where forklifts are being used, aisles should be kept uncluttered with obstructions being removed from doors and intersections.
  • Rides – drivers shouldn’t give rides to other workmates or attempt ‘stunt’ driving.

Our experts can advise you what precautions should’ve been in place to protect you. To find out more about making a compensation claim, contact us today on 0800 056 4110.

What injuries could I claim for?

Forklift accidents can cause considerable pain and suffering, requiring you to undergo rehabilitative treatment and for you to take time off work to recover. Our lawyers could help you make a claim if a forklift accident caused you to suffer from injuries including:

  • Broken bones and fractures
  • Spinal injuries
  • Head injuries
  • Neck injuries
  • Internal injuries
  • Crush injuries (bleeding, bruising, compartment syndrome, fractures etc.)
  • Chronic pain
  • Ligament damage
  • Post-traumatic stress disorder (PTSD)

Not only can our lawyers help with your case, but our support and rehabilitation coordinators can work with you to help you access care and support, using their contacts based across the UK.

We can talk you through the cases we handle and how we could help you in a free initial consultation. To find out more about more about making a claim or to organise your meeting, contact us today on 0800 056 4110.

What regulations should my employer have followed?

To use a forklift truck in the workplace, several pieces of legislation need to be considered. The Health and Safety Executive (HSE) has published a guide for those responsible for the safe operation of the trucks to avoid any accidents. These documents includes supervisions such as:

  • The main legal requirements to operate forklift trucks
  • The Approved Code of Practice
  • Training and stacking guidance

Other relevant legislation which must be considered includes:

  • Health & Safety at Work Act
  • Provision and Use of Work Equipment Regulations (PUWER)
  • Workplace (Health, Safety and Welfare) Regulations
  • Lifting Operations and Lifting Equipment Regulations (LOLER)
  • Control of Substances Hazardous to Health Regulations (COSHH)
  • Construction (Design and Management) Regulations (CDM)

Employers should always consider these regulations to ensure your safety. If you’ve had an accident and safety precautions weren’t being followed, we could help you make a claim.

You can make a claim against your current or past employer if you’ve been injured in a forklift truck accident. We know that claiming against your current employer can seem daunting, but the law states that your employer should have liability insurance which means they'll be protected if a claim is made against them. This insurance will also mean that they won’t be damaged financially if you make a successful claim, as your compensation will be paid by their insurer.

By making a claim, you’ll also be highlighting that a safer working environment is necessary. This could protect other members of staff from getting injured as safety precautions will be put in place.

If you’re thinking about making a claim, contact our experts today to set up a free initial consultation to discuss your case.

Read More FAQs

Related information - forklift truck accident lawyers

Migrant worker claims We've helped migrant workers who've been injured at work
Workplace accidents compensation guide Answers to some of your frequently asked questions
Rehabilitation We can help you access the care and support you need to recover
Employment Our team can offer advice and support to resolve any employment issues you might have

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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