Forklift Truck Compensation Claims
Forklift truck accidents
In the workplace, forklift accidents can be caused by mechanical failure, inadequate training or supervision, or driver error. Whatever the cause of the accident, our specialist injury lawyers have the expertise to take care of your claim every step of the way.
Pedestrians
If you were a pedestrian, maybe you were simply in the wrong place at the wrong time – and have been injured by a forklift truck, you could make a claim.
Even if you’re worried because you think you were too near the vehicle at the time, that may not stop you from making a claim. It is really important not to assume you were in the way and can’t claim compensation. Our specialist advisers can talk you through what happened and let you know how we can help.
Drivers
Forklift truck drivers are at greater risk of injury. You might be a forklift driver who was hurt in an accident following mechanical failures affecting the operation of the truck, or you may have fallen while climbing in or out of the cabin. Some forklift vehicles overturn if not used correctly which can cause serious injury.
But what if you think it was your own driver error that caused the accident? That does not matter at this point. You might in fact have made no mistakes, or any driver error may have been the direct consequences of lack of training. If, for example you believe you were not properly trained in operating the forklift or supervision has been inadequate – you may still be able to make a claim.
It’s therefore really important to talk through the full circumstances of the accident with legal advisors before making a rash decision not to make an injury claim.
Passengers
If you were a passenger in a vehicle which has been struck by a forklift truck, you can make an injury claim. There may, for example, have been insufficient warning signs of the potential dangers or the forklift truck may have been operated dangerously or the driver could have been speeding.
Whether you were the forklift driver, operator, a pedestrian or a passenger, we’re here to help.
Failures in training
This is why those operating forklift trucks must have adequate training, supervision and equipment, including warnings against speeding and poor maintenance. Forklift truck users should have training in:
- How to load and unload the forklift
- How to safely step into and down from the truck
- Pedestrian awareness, both site workers and visitors to the site
- Operating emergency breaks and safe emergency stops
- The minimum distances to be maintained between the forklift itself and other vehicles and pedestrians
- Reacting to blind corners where pedestrians or other vehicles may be found
- Understanding a construction site’s traffic system and how it is implemented
Employers are also required to carry out regular risk assessments and take action when a risk is identified. If your employer has not recently conducted a risk assessment, this will be important for your claim.
This is a common and entirely understandable concern for injured employees who need to claim compensation. But you don’t need to worry. Your employer is required by law to have insurance in place covering the financial risk of injury claims by anyone on site – including employees and other visitors on the premises.
This means your employer is cushioned from the financial impact of you making a claim. Your compensation payout will come from the insurance company and not out of your employer’s pocket
Please don’t assume that if you were at all to blame for the accident, you cannot then claim compensation. That is not the case.
Firstly, you may think you were at fault only to find out when speaking with a specialist solicitor that you may not be legally to blame at all.
Secondly, if you were found to be partly to blame for the incident, this simply means the level of compensation you receive may be reduced proportionately. So if the accident resulted from someone else’s negligence and you have been injured – you can claim compensation even if you were partially to blame.
Your compensation will be made up of ‘general damages’ and ‘special damages’.
General damages compensates you for your actual injuries, pain and suffering. How much you receive depends on the nature and extent of your injuries.
You can also claim ‘special damages’ to compensate you for your accident-related financial losses. These can include:
- Loss of wages and overtime.
- Medical expenses and prescription costs.
- Damaged clothing.
- Travel expenses such as taxis or public transport to hospital appointments.
- Your partner’s loss of earnings if they’ve had to take time off to care for you.
- Rehabilitation costs, for example, if you need adaptations at your home carried out.
Our friendly advisors will take a few details from you and will put you in touch with our panel of specialist injury lawyers, who will offer a free consultation, with no obligation.
So you can have free advice, and there is no pressure for you to make a claim.
Our claim specialists are experienced in accident claims like yours, and have the expertise to claim the maximum compensation available to you, in the shortest time possible.
We genuinely care about you as an injured person and you can count on our support from the outset. Our aim is to make your compensation process simple and straightforward, taking the stress out of it.
You must act quickly, though. You have three years in which to make an injury claim, but the sooner you get the ball rolling the fresher your memory of events – and that of any witnesses.
Our panel of specialist injury lawyers take on injury cases on a ‘no win no fee’ basis. This means there is no upfront cost, not even for the initial consultation.
If your claim is successful, there will be a deduction from your compensation to cover your legal fees. This is typically around 25%, it may be more or less but will always be agreed with your solicitors upfront.
So you will only pay a fee if you win your compensation.
100% No Win No Fee Nothing to pay if you lose
Our panel of solicitors offer a no win, no fee service. This simply means that if you don’t win your claim, there will be no cost to you.
Customers typically pay a success fee of 25% of the amount recovered to cover their legal costs. This may vary, but will always be agreed with your solicitors upfront.
If you would like to know more about your available options, we’re here to help. It’s free to talk to us – and there’s no pressure to start a claim.
