Forklift Truck Accidents: Forklift Truck Injury Compensation Claims
Have you suffered a forklift truck injury whilst at work that wasn’t your fault?
If you have been involved in an accident at work involving a forklift, Forklift Accident Claims are necessary to help you.
Whether as a driver or a passer-by, perhaps working in a warehouse or loading bay area, you are owed a duty of care by your employer.
Your employer's negligence, unsafe working practices, or perhaps the negligence of a colleague are all causes where your injuries sustained entitle you to claim injury compensation.
Call one of our expert legal team today for a free, initial consultation. They will listen carefully to the specific circumstances of your case and advise you with a high degree of certainty whether there is a legal case to be answered.
In choosing Sheldon Davidson to act on your behalf, you can be sure to benefit from the support of an experienced legal professional who is compassionate to your needs but tenacious on your behalf. You and your claim could not be in better hands.
Call and speak with one of our solicitors today. We are serious about Forklift Accident Claims.
Do I have a valid Forklift Accident Compensation Claim?
Forklifts and other kinds of industrial 'stacker' vehicles are generally powerful and exceptionally heavy due to the nature of their work. When accidents involve forklift trucks the results can be extremely dangerous for those in harm's way.
We have helped clients in the past who have been convinced they may be partly to blame for the injuries they've sustained, but given there is strict legislation surrounding health and safety at work practices and the provision of suitable training surrounding working in close proximity to, or operating vehicles of this type, we are often able to prove there is liability on the part of the employer or 3rd party.
You may have been asked to drive a forklift truck without the proper training, or may have been working in close proximity to one and a driver has hit you or dropped a heavy load on you. In either case, you have grounds to claim compensation.
Forklift trucks are commonplace in many workplaces such as warehouses, construction, and manufacturing sites and have become indispensable for certain businesses.
Recent figures report that there are more than 8000 accidents involving forklift trucks in the UK each year. Some of these are fatal. Forklift Truck accidents can be attributed to many causes, such as insufficient training of the operator, operator error, poor lighting conditions, poorly maintained trucks, inadequate gangways, and. such vehicles being operated in unsuitable environments.
The majority of accidents do not result in injury to the operator, but rather to workers on-site or on the warehouse or factory floor.
With all this considered it is highly likely that if you have suffered injuries in a forklift truck accident there was some degree of third party or employer negligence at play. As such it is highly likely that you are well within your rights to pursue a claim for injury compensation. Similarly, if you are pursuing such a case on behalf of a loved one your chances of securing a financial award are extremely high.
In order to obtain the best advice with regards to your rights and the compensation claim process, talk to one of our dedicated Forklift Accident Claims lawyers. We will provide clear answers and sympathetic support where injuries are serious in nature.
What are some common causes of Forklift Truck Injury?
Since a forklift truck is a heavy, moving vehicle it is critical that fellow workers with close proximity are kept at a safe distance at all times and that aisles and gangways are sufficiently wide enough with adequate clearance room overhead. There should also be adequate signage and warning notices to alert of the presence of a forklift truck. Even with the best working practices and safety precautions in place however, accidents do still happen.
Some of the ways a forklift truck may cause injuries are:
- Vehicles colliding with shop/factory floor workers
- Causing heavy, stacked items to fall and crush someone
- Driving over somebody’s foot
- Speeding, or driving without due care and attention
- Malfunctioning of the forklift due to improper maintenance
- Poor workplace design
- Poorly trained or incompetent driver
- Forklift trucks carrying unsafe loads
- Poorly enforced safety regulations in the workplace
- Manoeuvring with an elevated load
- Improper turning
The above list is not exhaustive so if you have suffered injuries as a result of a forklift truck accident under different circumstances you may still be entitled to pursue a claim for damages. The best way to establish whether you have a solid claim is to contact one of our expert personal injury solicitors in Manchester who can advise you based on your specific circumstances.
Is my employer responsible for workplace Health and Safety?
Under the Health & Safety at Work Act 1974, an employer is bound by law to protect the health and safety of its workers and any others on their premises, including temporary workers or visitors. Where industrial equipment such as forklift trucks are in use, it is the responsibility of the employer to ensure the equipment is well-maintained and in top working condition.
They must also ensure the right measures and practices are in place so as to minimise the risk of injury. This includes, proper and adequate signage, barriers where necessary, proper PPE equipment, supervision of visitors and operators and operators who are fully trained and competent and responsible in the task. If an employer is found to be negligent in any of these areas, they can be held liable for any injuries that may be caused to persons on their premises.
Your employer not only owes you a duty of care against any hazards you may encounter on your job, but may also be required to produce an accident report. Following an accident that results in a worker being unable to perform their duties or being away from their job for over 7 consecutive days, a report must be filed with the Health and Safety Executive (HSE).
Depending on the circumstances, this may be a legal requirement of your employer, and failing to timely produce a report can result in a significant fine.
Can I make a Forklift Accident Claim if I’m partially at fault?
It can be sometimes difficult to identify one guilty party for forklift accidents and injuries. With many accidents involving other workers, equipment, and facilities, and extensive training required to operate these machines correctly, one party may claim to only be partially at fault.
These types of Forklift Accident Claims can still be pursued, and you can still obtain a fair amount of compensation for injuries sustained from a forklift accident if you are found to be partially responsible for the incident. Through “split liability”, or contributory negligence, you can be awarded a percentage of the total value of the claim, depending on the amount of responsibility of the opposing party.
For example, if your Forklift Accident Claim is valued at £30,000 and your employer is judged to be responsible for 75% of the incident, with your responsibility valued at 25%, you will be awarded a compensation of £22,500.
Our expert Forklift Accident Solicitors can support you through the collection of evidence, and the legal process of Forklift Accident Claims. Start claiming compensation for your forklift injuries by contacting Sheldon Davidson Solicitors today.
How are Forklift Truck Accident Claims settled?
Due to the fact that forklifts are extremely heavy, industrial vehicles and the types of accidents they can cause, the injuries sustained by people are often serious and in some cases fatal. This means that injury compensation claims are often settled for significant sums of money and such compensation awards.
More often than not, it is the company's third-party insurance provider who will eventually be required to pay the compensation and often they try to avoid liability on technicalities. All things considered, it is essential that you have the right, expert legal support to maximise your chances of securing the compensation you deserve.
Our team of highly trained experts are the best in the business and you can be sure of the best outcome with Sheldon Davidson in your corner. We will work tirelessly to secure the right evidence and prepare a watertight case to ensure the court sides with you. Call one of our expert team members today who will happily provide examples of successful outcomes with cases similar to yours.
Building your case for Forklift Truck Injury Compensation
Our expert Solicitors are highly versed in how to prepare a solid case to ensure the best outcome. For a financial compensation case to be successful however there needs to be proof of third party or employer negligence. Obviously there needs to be evidence to prove this. The types of evidence which will help strengthen a claim for damages against a third party, or an employer could include:
- Photographic evidence of the accident site and any damage to the surrounding area
- Photographic evidence of your injuries
- Witness testimony of the accident itself
- Witness testimony of common workplace practices
- Records in the accident book
- Medical records: immediate medical attention and any follow-up aftercare
- Proof of out-of-pocket expenses and loss of earnings
Obviously the more evidence that can be provided the stronger the case will be and the higher the chances of success. At the same time, our experts are passionate about what they do and they will fight with all their legal knowledge and expertise to secure the right outcome for you. Pick up the phone and call us today.
Do I have a time limit to make Forklift Accident Claims?
If you have suffered a forklift accident in the UK, you may be subject to time limits to begin a forklift injury claim. Under most circumstances, you will have to begin the legal process of compensation claim for a forklift accident within 3 years from the date of the accident - as is the case with all workplace accidents and personal injury claims in the United Kingdom.
There are many mitigating circumstances that may extend your time limit above the standard 3 years, such as the age and mental capacity of someone who has been injured in a forklift accident.
Our team of Forklift Accident Solicitors at Sheldon Davidson Solicitors can advise you regarding the best way to move forward with your Forklift Accident Claims, and work with you to achieve a fair amount of compensation for your injuries.
Why choose us?
Established in Manchester in 1997, we are a leading specialist accident, medical negligence, and personal injury law firm acting for claimants who are victims of non-fault incidents.
Our team of Accident at Work Claims Solicitors in Manchester, act regularly for clients across Greater Manchester including Ashton, Bury, Bolton, Radcliffe, Prestwich, Middleton, Failsworth, Rochdale, Oldham and Whitefield.
Our Injury at Work Lawyers, experienced in forklift truck accident claims, can support your needs wherever you live in Wales, England & Northern Ireland.
We specialise in no win no fee personal injury compensation claims, which means if you don't win, you won't have to pay.
Call us for free now using the number at the top of the page or complete the online contact form and a member of our team will get back to you.
Sheldon Davidson Solicitors are a Lexcel accredited law firm. The Lexcel standard is only awarded by the Law Society to firms who meet the highest standards of practice management and customer service. With Sheldon Davidson Solicitors in Whitefield, Manchester you can be confident that your claim is in safe hands.