Forklift Truck Accident Claim
Forklift Truck accidents are very common and happen for a number of reasons, and unfortunately, many workers are injured usually when they have been struck by a forklift truck at work.
These accidents tend to happen for 2 main reasons, one being the negligence of the driver and another being the space and layout of the workplace which can often contribute to the problem and make collisions with forklift trucks more likely.
Why do forklift truck accidents happen?
Typically, accidents occur when a forklift truck collides with another truck, or a worker or part of the building.
The reasons for these collisions are generally as follows:
- Drivers failing to pay attention.
- Drivers travelling too fast.
- Carrying insecure loads.
- Manoeuvring without looking.
- Drivers moving with forks in a raised position blocking their view.
- Lack of space for safe working.
- Failing to keep vehicles and workers on foot separate.
- Defects in floors causing difficulties controlling the forklifts.
- Failure to keep the forklift maintained and in good repair.
If you have been injured by a forklift truck then contact us and one of our experienced forklift truck accident claim solicitors will advise you on how to make a claim.
Claim compensation after a forklift truck accident
If you have been involved in a forklift truck accident then you should do the following:
- Immediately report the accident to your supervisor or a manager to ensure that a record of what happened is written down by the company. In serious injury cases, the employer should also report the accident to the Health and Safety Executive. If you are asked to sign a statement or record of what happened, you can refuse to do so if you are not happy with what was written.
- Get medical attention so that your injuries are noted in your medical records which is essential to help to prove your injuries.
- Take photographs and video clips if you can, as this can be extremely helpful to prove your case.
- Make a note of whether there were any CCTV cameras in the area and ask your employer to give you a copy of the CCTV footage. If you are not able to do this, we can write to your employer to request it, but you must act quickly as many CCTV systems delete footage after a while, unless the footage has been saved.
- Make a note of the details of witnesses.
- Make a note of all your expenses and losses.
Employers Liability for Forklift Truck Accidents
In some cases, the employer is to blame and in other cases an employee driving the forklift truck is to blame but in either case, the employer is legally liable, however the accident occurred.
Employers have a duty to provide a safe system of work, training, safe equipment, and competent fellow employees.
When a forklift truck accident is caused by the driver of the forklift truck, the employer is vicariously liable for the negligence of the driver.
For more information about claims where a work colleague has caused the accident, see here.
Employers should also undertake an assessment of the workplace to see what the risks are of injury from forklift trucks. This may include, for example, considering the space available and ensuring that structures such as racking and shelving are not position too close to each other making manoeuvring difficult or causing an obstruction.
Employers should also try to separate vehicular traffic from foot traffic. This is not always possible but it is recommended as good practice as it reduces the risk of collisions. When forklift trucks and workers are sharing the same space, there is always a risk of a collision.
Workplaces need to be kept clear of clutter and any obstruction such as discarded boxes that can be a hazard. Workstations should always be carefully planned so that a worker is not expected to work inches away from passing fork lift trucks.
Forklift truck drivers should not be put under time pressure which may make them drive recklessly in order to meet deadlines. Forklift trucks can be fitted with speed limiters to ensure that they cannot be driven at an excessive speed.
The Health and Safety Executive have published guidance on safe use of forklift trucks here.
Why choose Levenes?
We work diligently for our clients to help them put their lives back together and at the same time obtain the maximum compensation. With us on your side, you can expect:
- Over 100 years of combined experience – We have proven results; we are lawyers who fight for you with a record of success.
- Strong litigators – We are not afraid to take your case to court if we have to. We stand up for the rights of the injured and not for the rights of the big corporations.
- Empathy – We pride ourselves on our compassion and understanding and we are easy to talk to. We always put your interest first and we treat you as our family.
- A personal approach – Your case will be handled directly by one our partners with support from our team of lawyers.
- A tailor-made approach – Every client is treated individually and not as a number, to achieve the best possible result that you deserve.
- Clear communication – We talk to you in a down to earth way. We avoid legal jargon unless it cannot be avoided, and if so, we explain things clearly and simply.
- Maximum compensation – We have the courage to fight for what you are entitled to.
- Full attention – We have the resources to focus on every detail of the case and consider every angle. We do not spread ourselves too thinly – you deserve our full attention.
Forklift Truck Accident Injuries
The type of injuries that are often caused in forklift truck accidents can vary, but typically include:
- Foot and ankle fractures caused by forklift trucks running over feet.
- Leg amputations.
- Head injuries when forklift trucks have dislodged boxes which have struck workers.
- Head and other injuries caused by workers tripping over forklift trucks which have been left in the wrong place.
Most injuries are relatively minor, but because forklift trucks are heavy and have a low clearance to the ground, very serious leg injuries including degloving injuries and amputations are quite common.
How much compensation can I get
Apart from obtaining the highest possible compensation for your injuries following a forklift truck accident, we will also ensure that your injuries are properly assessed and that claims are made for all expenses, past and future losses that you may incur as a result of the accident. These claims can include:
- Loss of earnings
- Care and assistance
- Travel and transport
- Retraining for a new career
- Equipment, aids and appliances
- Adaptations to the home
- Financial help when you need it.
We will obtain medical and other expert advice and evidence to guide you on the journey to the best possible recovery and ensure that we leave no stone unturned when it comes to helping you to live your life to the fullest.