Forklift truck accident claim solicitors.
Working in any environment where forklift trucks are active is, in itself, a high risk work environment.
If you are injured at work in a forklift truck accident that was due to the negligence of your employer, including another employee, you are probably entitled to make a claim for personal injury. Contact MG Legal’s team of expert personal injury solicitors to discuss how we can help you achieve maximum compensation for your injuries, all on a no win no fee basis.
What is a fork lift truck personal injury claim?
Forklift truck personal injury claims will usually fall under the category of employer’s liability claims, although in some circumstances, they could be deemed a public liability incident. Whatever the circumstances, if you are injured as a result of negligence, you are entitled to bring a claim for personal injury compensation and financial losses against the person, or company, operating that forklift truck. This applies whether you were the driver, or if you are injured by the forklift. With forklift truck incidents causing the hospitalisation of around 1300 UK employees every year, this type of incident is a common one.
Common types of incident involving fork lift trucks include:
• Being asked to drive a fork lift in unsafe conditions, such as in poor
weather, on slippery surfaces or in an area where there are defects such
• Being asked to drive a forklift when your training has not been
completed, or to perform tasks for which you have not been trained.
• Being asked to drive a defective forklift truck.
• Being hit by a forklift truck, whether by way of inadequate warning,
training or by poor driving on the part of the operator.
• Collisions with other items, whether by falling items, being asked to work
whether there is insufficient room or by the fork lift dislodging or moving
an items which subsequently hits you.
• Dangerous driving on the part of the operator, such as exceeding speed
limits, cutting through “forklift free” areas or overloading the forklift.
MG Legal’s expert personal injury solicitors know that life doesn’t always fit into clearly defined categories, every incident is different and so, whatever the nature of the incident which has caused your personal injury, we will work with you to ensure that your claim succeeds. With our success rate of over 99% in securing compensation for our clients, we believe that our track record speaks for itself.
How does a fork lift truck personal injury claim work?
Most fork lift truck personal injury claims will be brought by your expert solicitor as an Employer’s Liability Claim, although occasionally the incident might be a Public Liability Claim. Ultimately, we are here to navigate the protocols for you and so, all that MG Legal ask of our clients is that you help us to work on your case by giving us the instruction we need.
Nearly all employer’s liability forklift truck personal injury claims will fall under some part of the Provision and Use of Work Equipment Regulations 1998 (PUWER). These regulations state that equipment for work must be:
• suitable for the intended use;
• safe for use, maintained in a safe condition and inspected to ensure it is correctly
installed and does not subsequently deteriorate;
• used only by people who have received adequate information, instruction and
• accompanied by suitable health and safety measures, such as protective devices
and controls. These will normally include emergency stop devices, adequate
means of isolation from sources of energy, clearly visible markings and warning
• used in accordance with specific requirements, for mobile work equipment and
Whilst there is a lot more to PUWER than the above points, it is highly likely that any incident causing you personal injury will in some way have contravened one or more parts of PUWER. Provided you give your specialist personal injury solicitor at MG Legal a clear version of events, it is our job, something we do on a daily basis, to find the exact piece of legislation or regulation that brings about an admission of liability in your claim.
Once your dedicated solicitor has secured an admission of liability, they will set about finding a suitable medical expert to produce a medical report which summarises your injuries. The report, which will detail the type of injuries you have suffered, their effects on your life, your estimated recovery time and any long term effects, will then be used to value your personal injury compensation, also known as General Damages. We will use, firstly, a book called the Judicial Studies Board Guidelines (JSB) a first-port-of-call reference book use by solicitors, barristers and judges. After that, if agreement cannot be reached, case-law and finally, the court, can be used to settle disputes between parties.
Additionally, your specialist personal injury solicitor will ensure that your claim comprehensively details any financial losses, also known as Special Damages. When your claim settles, our aim is to see all of your losses recovered in full, plus a proper award for your personal injury, so that you can then move forward and put the incident behind you, and move on with your life.
What kind of financial losses can you claim in a fork lift truck personal injury claim?
As detailed above, in addition to compensation for your personal injury, you are entitled to claim for financial losses, known as Special Damages, which commonly include the following:
Lost Earnings: Any time off work following the incident, either as a direct result of your injuries or future absences due to the injuries or treatment can be included in a claim against the fault party
Treatment Costs: Treatment which improves your prospects of recovery can generally be included in a claim. Commonly this is in the form of physiotherapy or CBT treatments, but can extend to any recognised medical treatment which is recommended to improve your recovery.
Care Costs: This includes direct care, such as a relative, friend or professional looking after you whilst you are recovering but also for performing other tasks such as shopping, gardening or cleaning until you are able to do so yourself again.
Travel or Transport Costs: If you need to go to appointments or for treatment, you can claim for the cost of the attendance such as mileage, parking costs etc. Alternatively, if you utilise public transport including taxis you can include the fares in your claim.
Future adaptations/needs: Should your injury be more severe, or require longer term treatment, you can include this in your claim. Examples include simple items such as, say, insoles for your shoes or costs of camouflage treatment for minor scars up to major adaptations such as fitting stair lifts or modifying/replacing your car.
These, and any other losses you believe have been caused as a result of being injured at work, can be included in your claim. Speak to your dedicated personal injury solicitors at MG Legal to discuss all potential options and we will ensure that the maximum possible compensation is recovered for you.
What proof do I need to claim for a forklift truck personal injury?
Firstly, if you sustain injury ensure that you seek medical assistance for any serious or life-threatening injury. Provided you feel able to do so, it often helps to take photographs or a short video of the item or hazard which has caused your injury, or of the final position of the forklift truck. If any other people have witnessed the incident and they are willing to do so, take their name and address as witnesses and your solicitor at MG Legal will contact them to assist in supporting your claim. Ensure that the incident is recorded in an accident book and make certain that any version of events written down by other people is accurate before you sign a report form or accident book entry. Also ask that any CCTV footage of the incident is saved as this is often key evidence in any claim. If In doubt about your injuries seek medical attention and your medical records can be obtained later for provision to an expert to evidence your injuries. After doing all of this, all that your expert solicitor at MG Legal will ask of you is that you respond to any request for information or instruction and that you attend any appointments made for you, such as your medical expert’s assessment. This means that we can get on with making your claim and getting it to a successful conclusion, whilst recovering the maximum possible award for your injuries.
And if you have any questions or queries abour making a claim for personal injury, then please feel free to contact our personal injury solicitors, for a no obligation chat.
How long have I got to make a claim?
Subject to the Limitation Act 1980, if you have been injured as a result an incident involving a forklift truck, you have three years to pursue a claim for personal injury. There are exceptions, as with most things in life, so, for those under 18 years old at time of the injury, they have three years from their 18th birthday within which to make a personal injury claim. Time limits may differ if you are acting on behalf of someone with limited mental capacity, if you are acting as guardian or subject a lasting power of attorney. If you have any questions or queries, then please do not hesitate to contact one of MG Legal’s personal injury experts for further advice.
Why choose MG Legal for my fork lift truck personal injury claim?
At MG Legal, each solicitor takes a personal interest in each case and we have a dedicated department dealing with personal injury claims occurring in the workplace or in public. Our team is well versed in the ‘small-print’ within the Provision and Use of Work Equipment Regulations 1998 or the Health & Safety at Work Act 1974 for employees, as well as having extensive experience of dealing with all types of injury and settling claims successfully at all stages of the process.
When you choose MG Legal, you have a team of specialist personal injury solicitors on your side, with a success rate excess of 99% for the no win no fee personal injury claims that we accept. Our amazing success rate is testament to the fact that when we take a claim on, your claim really does have the best chance of success at every step. We believe that our confidence in our own ability is demonstrated by the fact that every personal injury claim we accept is on the basis of a Conditional Fee Agreement, also known as a no win no fee agreement, which means that if we do not succeed for our client, we do not get paid for our work.