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.
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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.
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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.
