How Much Compensation For A Forklift Accident Claim?

How much compensation for a forklift accident claim will vary between claimants. This is due to the differences between claims. For example, one claimant may have suffered more severe injuries, as a result they had higher out of pocket costs and this affected their settlement. Whereas less severe injuries will not accumulate high out of pocket expenses. If you would like a more accurate idea of what your forklift truck injury claim could be worth, contact a member of the advisory team for a free valuation. Otherwise, continue reading to learn about the factors that will be considered when calculating compensation.

Below is a table of guideline brackets taken from the Judicial College Guidelines (JCG). This publication lists injuries in order of severity and we’ve used some that might relate to a forklift accident. Those who value claims may use this in conjunction with your medical records to place a figure on your pain and suffering. Please note, that these figures are purely guidelines and the first entry is not from the JCG:

Compensation Guidelines

INJURY	SEVERITY	GUIDELINE AMOUNTS	NOTES
Several types of serious injury and special damages	Severe	Up to £1 million plus	In cases like this, the person has more than one severe injury and special damages are awarded for lost earnings, care provision and medical costs.
Head/Brain	(a) Very Severe	£344,150 up to £493,000	Injuries that leave a permanent, severe disability with constant reliance on nursing care.
Foot	(b) Amputation of one foot	£102,470 up to £133,810	Award reflects the loss of the useful ankle joint.
Chest	(b) Traumatic	£80,240 up to £122,850	Traumatic damage to heart and/or lungs causing permanent damage and reducing life expectancy.
Knee	(a) Severe (i)	£85,100 up to £117,410	Gross ligament damage and disrupted joint that requires prolonged treatment.
Severe Leg	(ii) Vey Serious	£66,920 up to £109,290	Cases of permanent mobility problems and cases of multiple fracture that require years to heal.
Arm	(b) Injuries that cause permanent and substantial disablement	£47,810 up to £73,050	Serious fractures to one or both arms.
Ankle	(b) Severe	£38,210 up to £61,090	An extensive period in plaster or with surgical pin insertion but residual disability remains.
Back	(b) Moderate (ii)	£15,260 up to £33,880	Disturbed ligaments and muscles including soft tissue injuries that cause pre-existing conditions to worsen or accelerate.
Psychological harm	(c) Moderate	£7,150 up to £23,270	Despite initial issues coping in work and with personal relationships, a marked improvement is noticed prior to case being heard at trial.

Again, it’s important to stress that these guideline brackets are only used as a rough starting point. All compensation claims are calculated on a case-by-case basis. The best way to obtain a more precise idea of potential damages is to speak to a solicitor.

How Is Forklift Injury Compensation Calculated?

Forklift accident claims are calculated by looking at two areas called general and special damages. Under general damages, a suitable amount is calculated for the physical pain and psychological damage the person experienced. If they suffer a long-term health problem or permanent disability, these impacts can be valued here also. Medical evidence is used as a guide for these calculations.

What Can Forklift Accident Compensation Help Me With?

Special damages are the head of loss under which monetary harm is assessed. After a forklift accident at work, you could suffer an array of sudden expenses and financial problems. You could seek these lost amounts back with the correct documented evidence, such as:

Any proof of private medical treatments.
Wage slips or statements showing a drop or loss in your earnings.
Tickets and receipts for related travel.
Proof of amounts paid to those who helped you domestically.
Invoices that show the cost of essential adaptations in the home after the forklift injury.
Estimates for rehabilitation costs both now and predicted in the future.

The solicitors on our panel are experts at using evidence like this to calculate the most thorough compensation total. Why not discover if they could help you build a claim that factors in your physical, psychological and financial losses after a forklift accident?

Am I Able To Make A Claim After A Forklift Truck Accident?

Eligibility criteria need to be met to move forward with a personal injury claim for a forklift accident. You need to demonstrate these three points:

A duty of care protected you at the time of injury.
The employer breached this duty.
Because of this, you suffered harm.

The workplace duty of care is outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). It states that all employers must take reasonable and proportionate steps to ensure that workers are protected from harm while doing their jobs. This can be done in several ways and some examples include:

Providing adequate staff training.
Ensuring the provision of essential personal protective equipment (PPE).
Ensuring the forklift driver meets the Health and Safety Executive (HSE) Approved Code Of Practice (L117 ACOP) regarding safe usage of forklift trucks in the workplace. The HSE monitor health and safety in Great Britain’s workplaces.
Adequately maintaining and servicing their forklift trucks.

We look at some examples of forklift truck accidents in the sections below. If you’d like to discuss eligibility or have any questions about the personal injury claims process so far, please get in contact with the team.

Can I Still Claim If I’m Partially At Fault?

It can be possible to continue with a forklift accident claim even if you were partly responsible. In cases like this, any compensation awarded can be subject to a reduced percentage of the full amount. For example, if the courts determined that you were 30% responsible for causing your own injuries, you might receive 70% of the full compensation amount applicable for that injury.

If you’re worried about your role in the accident and need guidance, our advisors are happy to offer free, no-obligation assistance. Message or call today to discuss how much compensation for a forklift accident claim if you were partially responsible.

What Are Self-Employed, Zero Hour Contacted And Agency Workers’ Rights To Compensation?

A duty of care still applies to workers in these roles. If you meet the same three criteria we looked at above, a compensation claim could still be made against the negligent employer. The Employment Rights Bill factsheet offers detailed information, or please connect for guidance on your particular case.

How Do Forklift Injuries Happen?

Operating a forklift truck is a skilled activity. If the vehicle is poorly maintained or operated incorrectly, a number of scenarios might result in harm. Next are a handful of ways workplace negligence can give rise to forklift accidents:

Unsecured Objects

The load on the forklift needs to be secured safely to avoid heavy items toppling off the forks or load backrest.

Example – An untrained worker had to break suddenly and caused a pallet of heavy items to drop on a colleague, crushing several bones in a foot injury.

Imbalance Forklift

Forklift trucks need to clearly state load capacity and be maintained in a way that can meet the task expected. Employers that fail to do this could be liable for injuries that result.

Example – The capacity plate on the vehicle was missing and a worker over-loaded the vehicle. This created an imbalance and caused the forklift to fall over, causing the driver a back injury.

Racking Failings

Damaged or bent beams and uprights on a forklift can compromise the vehicle’s ability to function correctly and put operators at risk. Both training and vehicle maintenance are needed to safeguard against this.

Example – An untrained worker tried to lift a load on a damaged vehicle with warped rackings. The load toppled back into the cab enclosure, crushing the worker’s legs and giving rise to an amputation claim.

There can be other ways that poor attention to vehicle safety or training standards might give rise to an accident with a forklift or other manual handling injury. To discuss your grounds for seeking compensation for employer negligence with a workplace vehicle, call our advisors.

Can I Claim On Behalf Of An Injured Loved One?

You may be able to start a personal injury claim for someone else after a forklift accident. If the injured person is under 18 or lacks the sufficient mental capacity to manage their own affairs, the courts can designate a relative or involved party as a litigation friend. In this role, you would carry out all the requirements of the claim on the person’s behalf. Our advisors are happy to chat about the role of a litigation friend and how it could help your loved one.

Fatal Forklift Accidents

You could qualify to start a compensation claim after a loved one lost their life in a forklift accident at work. The Law Reform (Miscellaneous Provisions Act) 1934 (LRMPA), states that the deceased’s estate can make a claim based on the deceased’s suffering, pain and financial losses prior to their death. The Estate are the only group that can claim for the first six months after the death.

If six months pass without the estate initiating a claim, under the Fatal Accidents Act 1976 (FAA), eligible relatives can initiate a claim based on how they were impacted by the death. Also, under the FAA, certain relatives may qualify for a bereavement award. This is set out as a lump sum of £15,120.

To see whether you qualify as a relative to claim compensation, call the team.

What Is The Process For Starting A Forklift Accident Claim?

After you have satisfied the three criteria we looked at above, there are some practical actions you can take to start building your claim. It’s important to retain all documentation and correspondence with your employer about the accident, as well as anything you think strengthens your claim of employer negligence. You might also be considering legal help at this point.

What Should I Do If I’m Injured In A Forklift Accident?

It’s useful to understand three main aspects of forklift accident claims, which are the importance of evidence, time limits and the option of working with a solicitor:

What Evidence Do I Need To Claim?

Evidence that proves how your employer breached their duty of care and caused harm is the backbone of an effective forklift accident claim. With this in mind, you should gather as much information about the incident as you can. For example:

Take photos of your visible injuries and the area where the accident happened.
Obtain the registration details of the forklift truck involved in the accident.
Request copies of your medical records that detail your injuries (such as X-rays and any reports from specialists you needed to see).
Keep prescription receipts for any painkillers given to you.
Approach anyone who saw the accident to see if they would be willing to give a supporting statement. If you hire a solicitor, they can obtain statements.
Get a copy of the workplace accident book.

Evidence like this can help you put forward a much stronger forklift accident claim for compensation. If you’d like to see how a solicitor from our panel could help, get in touch with advisors today.

How Much Time Do I Have To Claim For Forklift Accident Compensation?

The Limitation Act 1980 states that personal injury claims have three years to start from the date of the accident. Certain groups may be exempt from this time frame:

Claimants who are minors must wait until they turn 18 to start a claim themselves, after which they are allocated three years.
A time limit freeze applies to claimants who lack the mental capacity to claim. It re-activates from any date of recovery.
Alternatively, a litigation friend may start a claim immediately on behalf of these groups as we discussed above.

Our advisors are happy to discuss time limits in more detail if you get in touch. They can also explain how a solicitor from our panel might be able to help.

Finding The Right No Win No Fee Solicitors

It’s not a legal necessity to use a solicitor to start a personal injury claim. However, the advantages of expert guidance on the matter could substantially increase the claim’s chance of success. If you have concerns about the costs associated with appointing a solicitor, those on our panel offer eligible claimants a potential solution.

They provide a type of No Win No Fee contract called a Conditional Fee Agreement (CFA) to begin a legal action. Under these arrangements, you can typically expect the following:

No solicitors fees apply to start work with your legal team.
No fees apply for work carried out going forward.
No solicitors fees for finished services apply should the claim fail.
If the claim wins, solicitors deduct a nominal percentage amount from the compensation. This ‘success fee’ is agreed prior to working together.
Also, the percentage is subject to a legal maximum, which means you can expect to receive virtually all of the compensation.

Terms like this allow eligible claimants to access excellent legal representation in a way that does not add to any financial costs right now. Why not see if you can take advantage of this for your forklift accident claim today?

Contact Our Team Today

If you would like to discuss how much compensation for a forklift accident claim you could be eligible, speak to our advisors today. Eligible claimants can be connected to a solicitor from our panel.

Call an advisor on 0800 408 7826.
You can also contact us online to see if you can make a forklift claim.
Or, open the live chat window to speak to an advisor now.

More Information

In addition to information on forklift truck accident claims, these other resources might be helpful:

This guide looks at breaches of health and safety at work claims.
Here we provide information on how a compensation calculator for multiple injuries works.
Also, read about a claim after a crane accident at work.

Resources from elsewhere:

Here is guidance on workers’ contract rights from GOV.UK.
In addition to this, a brief guide on how to use a forklift safely.
Finally, check your symptoms here.

In conclusion, we hope this guide on how much compensation for a forklift accident claim has helped. If you’d like any further free guidance on your legal options after a forklift accident at work, reach out to the team.

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