Fork Lift Truck Accident Claim

Forklift Accident Claims

Injured in a forklift accident that wasn’t your fault? Call our No Win No Fee forklift accident solicitors to get the compensation you deserve.

    No Win No Fee forklift accident solicitors

    Forklift trucks weigh up to five tonnes and when something goes wrong, the injuries are rarely minor. Crush injuries, amputations, and fractures can turn everyday lift upside down. If a forklift accident has done that to you, we will make sure your employer is held accountable.

    Your case is handled personally by a senior forklift accident solicitor from start to finish, giving you the best possible chance of securing maximum compensation. All claims are taken on a No Win No Fee basis, so call us today on 01507 609027.

    Can I make a forklift accident claim?

    Yes, if you were injured in a non-fault forklift accident within the last 3 years, you may be entitled to claim compensation. You can claim whether you were:

    • A full time or part time employee
    • An agency or temporary worker
    • A contractor or subcontractor working on site
    • A visitor or delivery driver injured on someone else’s premises

    To succeed with a forklift trust accident claim, three things must apply. Your employer or another party owed you a duty of care, they breached that duty, and you suffered an injury as a direct result.

    It is also worth knowing that even if you were partly at fault, you may still recover compensation under contributory negligence rules.

    What types of forklift accidents can I claim for?

    Forklift accidents happen in many different ways, and in our experience, most are entirely preventable. We regularly act for claimants injured by the following forklift accidents:

    • Struck by a reversing forklift
    • Crushed between a forklift and a fixed surface
    • Injured by a falling or unsecured load
    • Forklift tipping over due to an unbalanced load
    • Falling from or being lifted unsafely
    • Collision with another vehicle or structure
    • Poor visibility or absent warning systems
    • Untrained or unsupervised operator

    What are the most common forklift accident injuries?

    Forklift trucks are among the heaviest pieces of equipment found in any workplace, and the injuries they cause often reflect that.

    The most common forklift accident injuries include:

    • Crush injuries and amputations
    • Spinal and back injuries
    • Fractures
    • Head and brain injuries
    • Shoulder and neck trauma
    • Psychological trauma and PTSD
    • Fatal injuries

    How much compensation can I receive for a forklift accident ?

    The amount of forklift accident compensation you could receive depends on the severity of your injuries, your recovery time, and the wider impact on your life and finances.

    Based on the latest 2024 Judicial College Guidelines, typical compensation ranges for injuries commonly seen in forklift accident claims are as follows:

    Injury Type Severity Example Estimated Payout Range
    Brain injury Very Severe Brain Damage £344,150 to £493,000
    Moderately Severe Brain Damage £267,340 to £344,150
    Moderate Brain Damage £52,550 to £267,340
    Head injury Less Severe Brain/Head Damage £18,700 to £52,550
    Minor Brain or Head Injury £2,690 to £15,980
    Established Epilepsy (Grand Mal)* £122,850 to £183,190
    Back injury Severe back injuries – Type (i) £111,150 to £196,450
    Moderate back injuries – Type (i) £33,880 to £47,320
    Minor back injuries £5,310 to £9,630

    The figures above cover general damages only, which is the compensation awarded for your pain, suffering and loss of amenity. Most forklift accident claims also include special damages, which can significantly increase the overall value of your settlement. This covers lost earnings, medical treatment, rehabilitation, home adaptations, and travel costs related to your recovery.

    These figures are guidelines only and every claim is different. To find out what your forklift accident claim is really worth, call Nigel Askew Solicitors today on 01507 609027.

    Is my employer legally responsible for forklift safety?

    Yes. Under UK law, employers have a clear legal duty to protect workers from the risks posed by forklift trucks. Breaching any of the following obligations is not just a health and safety failure. It is potential evidence of negligence that could support a forklift accident compensation claim.

    The Health and Safety at Work Act 1974

    The Health and Safety at Work etc. Act 1974 is the foundation of workplace safety law in England and Wales. It requires all employers to protect the health, safety and welfare of everyone at work — full time, part time, temporary and agency workers alike. Failure to do so is a breach of a legal duty owed directly to you.

    PUWER 1998

    PUWER requires employers to ensure all work equipment, including forklift trucks, is fit for purpose, properly maintained, regularly inspected, and operated only by workers who are adequately trained. An employer who puts an untrained worker behind the controls of a forklift is in direct breach of PUWER.

    LOLER 1998

    LOLER requires that all lifting operations involving forklifts are properly planned, adequately supervised and carried out safely. Equipment must be thoroughly examined at regular intervals by a competent person. Poorly secured or overloaded loads are a common sign that LOLER obligations have not been met.

    Workplace Health, Safety and Welfare Regulations 1992

    The Workplace (Health, Safety and Welfare) Regulations 1992 requires employers to ensure that vehicles and pedestrians can move safely around the workplace without risk of collision.

    Clearly marked traffic routes, designated pedestrian walkways and adequate separation between forklift operating zones and foot traffic are legal obligations. Where these measures are absent, employer negligence may be established.

    What to do after a forklift accident?

    The steps you take after a forklift accident can be just as important as the accident itself. Evidence disappears, witnesses become harder to trace, and details fade fast.

    Acting quickly puts you in the strongest possible position to make a successful forklift accident compensation claim.

    1. Seek medical attention

    See a doctor or visit A&E immediately, even if your injuries feel minor. Serious injuries including internal trauma and spinal damage are not always immediately apparent, and your medical records will form a critical part of the evidence in your claim.

    2. Report the accident

    Ensure the incident is formally recorded in your employer’s accident book. If you are unable to do this yourself, ask a colleague to do it on your behalf. Without an official record, your employer may later dispute that the accident took place.

    3. Gather evidence

    If it is safe to do so, take photographs of the forklift, the surrounding area, any relevant signage, and your injuries. Visual evidence captured at the scene can be invaluable and is often impossible to recreate later.

    4. Speak to witnesses

    Collect the names and contact details of anyone who saw the accident. Witness accounts can be decisive, particularly where an employer denies liability or disputes the circumstances of the incident.

    5. Keep a record of everything

    Write down exactly what happened while the details are fresh, noting the time, location and who was present. Keep receipts for all medical appointments, prescriptions, travel costs and any other expenses, as these can be recovered as special damages in your claim.

    6. Do not speak to your employer’s insurer

    If your employer’s insurer contacts you requesting a statement, do not respond without legal advice. Statements made without legal support can be used to reduce the value of your claim.

    7. Contact Nigel Askew Solicitors

    Call us as soon as possible on 01507 609027 for free legal advice. The sooner we start gathering evidence and building your case, the stronger your forklift accident claim will be.

    How long do I have to make a forklift accident claim?

    Most forklift accident claims must be brought within three years. When that clock starts depends on your situation:

    • Standard claims: three years from the date of the accident
    • Claimants under 18: the three year period does not begin until their 18th birthday, giving them until their 21st birthday to claim
    • Injuries identified after the accident: three years from the date you first connected your injury to the accident, known as the date of knowledge
    • Fatal forklift accidents: three years from the date of death, or from when the family first became aware of the link between the accident and the death
    • Claimants lacking mental capacity: the limitation period is suspended for as long as the incapacity continues.

    Three years can feel like a long time. In practice, it is not. Medical evidence degrades, witnesses move on, and CCTV footage is routinely overwritten within weeks. The sooner you contact us, the stronger your claim will be.

    How does the forklift accident claims process work?

    Making a forklift accident claim can feel overwhelming, particularly when you are recovering from a serious injury. Understanding the process from the outset makes it significantly less so.

    Here is what to expect when you work with Nigel Askew Solicitors:

    1. Free initial consultation: no cost, no obligation, just clear and honest advice on your claim
    2. No Win No Fee agreement: we explain the terms in plain English before you commit to anything
    3. Investigation: we gather evidence, obtain accident records and instruct independent medical experts on your behalf
    4. Letter of claim: we formally notify your employer’s insurers and set out the full details of your case
    5. Liability response: your employer’s insurer has a set period to admit or deny responsibility
    6. Independent medical assessment: an independent expert assesses your injuries, prognosis and long term impact on your life
    7. Negotiation and settlement: we negotiate firmly for maximum compensation, with most forklift claims resolved without going to court
    8. Compensation payment: once settled, your compensation is paid directly to you.

    Forklift truck accidents - FAQs

    No. It is unlawful for an employer to dismiss you, demote you or treat you unfavourably because you have made a personal injury claim. This protection applies to all workers, including agency and temporary staff.

    In most cases, your employer is responsible. Under the Health and Safety at Work etc. Act 1974, employers have a legal duty to provide a safe working environment, adequate training and properly maintained equipment.

    If a contractor, equipment manufacturer or site operator also contributed to the accident, they may share liability.

    Every forklift accident claim is different, and the compensation you receive depends on the severity of your injuries, how long your recovery takes, and the financial losses you have incurred as a result. To find out what your claim could be worth, call Nigel Askew Solicitors today on 01507 609027 for a free, no-obligation consultation.

    No. All forklift accident claims at Nigel Askew Solicitors are handled on a No Win No Fee basis. You pay nothing upfront and nothing at all if your claim is unsuccessful. A success fee is only payable if your claim succeeds and the amount is agreed with you before we begin.

    Yes. Your claim is made against your employer, not the individual driver. Employers are legally responsible for the actions of their employees carried out in the course of their work. You do not need to take any action against a colleague personally.

    You may still be entitled to compensation. Under contributory negligence rules, your compensation is reduced in proportion to your share of responsibility rather than cancelled altogether. For example, if you were found 25% at fault, you would still receive 75% of the total award.

    This is unlikely. Most forklift accident claims are resolved through negotiation between your solicitor and the employer’s insurer, without the need for a court hearing. Court proceedings are only issued where liability is disputed or a fair settlement cannot be reached.

    Claims where liability is admitted typically resolve within 6 to 12 months. More complex cases involving serious injuries or disputed liability can take between 12 and 36 months.

    Why choose Nigel Askew Solicitors?

    Many personal injury firms are high volume operations where your case is passed between departments and handled by whoever is available. At Nigel Askew Solicitors, it works differently.

    • All cases are managed by senior personal solicitor from start to finish
    • Over 30 years’ experience winning serious forklift accident claims
    • No Win No Fee on all forklift accident compensation claims
    • Home visits available across Lincolnshire
    • Access to leading independent medical experts and barristers to maximise the value of your claim

    Call our forklift accident solicitors today

    If you or a loved one has been seriously injured in a forklift accident, you do not have to face what comes next alone. Our expert accident at work solicitors are ready to help you secure the compensation and support you deserve.

    Call Nigel Askew Solicitors today on 01507 609027 for free legal advice with no obligation. 

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