Forklift Truck Accident Claims Solicitors.

The risk of an accident or injury by a forklift truck is often underestimated as they appear relatively easy to operate.

According to the Health and Safety Executive (HSE), forklift truck accidents account for around a quarter of all workplace accidents. Forklifts are large heavy vehicles, and they can be tricky to manoeuvre, even by the most experienced operatives.

When a forklift truck is being driven, the driver not only has to be as accurate as possible when picking up and putting down the load, but they also need to be very aware of their surroundings as their colleagues and members of the public may be moving around the area nearby.

Employers should have strict safety procedures in place regarding forklift operation, such as ensuring aisles and gangways are wide enough and tall enough, and that employees working in close proximity to the forklift maintain a safe distance at all times. However, unfortunately in some workplaces speed is prioritised over safety, which can lead to accidents occurring, such as:

• Collisions with pedestrians
• Driving without due care and attention
• Improper forklift maintenance leading to malfunction
• Heavy, stacked items falling/toppling onto someone
• Poorly designed work space
• Unsafe driving conditions such as uneven or wet surface
• Poorly trained forklift operative
• Attempting to carry an unsafe load
• Crushing someone between the forklift and a wall/shelf
• Driving over someone’s foot
• Inadequate workplace safety regulations
• Manoeuvring with an elevated load

This list is by no means exhaustive, and if you have suffered an injury as the result of any kind of accident involving a forklift truck, you may be able to claim personal injury compensation.

If you’re unsure as to whether your accident qualifies you to pursue a claim, please get in touch and our personal injury team will be happy to advise you.

Under the Health and Safety at Work Act 1974 employers have a legal duty of care to ensure that their employees, plus any contractors and site visitors, are safe whilst on the premises, this includes:

• Creating and maintaining a safe working environment
• Ensuring equipment and machinery are in safe working order
• Carrying out regular and thorough risk assessments
• Putting effective processes in place to limit and control hazards
• Providing adequate training and supervision to all employees
• Appointing an employee to be a health and safety representative
• Providing information about potential risks in the workplace
• Employing safe and competent people for the right roles
• Providing appropriate personal protective equipment
• Providing access to first aid facilities and trained first aiders

If you have been involved in a forklift truck accident at work, and you feel that it was caused by your employer’s failure to meet their legal obligations, you could be entitled to compensation. Speak to our team of friendly and experienced personal injury lawyers today and we’ll be happy to guide you through the claims process.

If you are injured in a forklift accident at work for which you were entirely at fault, it is at your employer’s discretion whether you are disciplined or dismissed from your role. If your company has a HR department, they can usually offer advice on these matters.

However, if the accident occurred either partially or wholly due to your employer’s negligence you cannot legally be penalised or dismissed for making a claim against your employer. The law is on your side when it comes to suing your employer for damages, but we understand it can still be a very daunting prospect for many people for fear of repercussions.

Some people may also be wary of claiming against their employers as they may be worried that it will impact them financially and affect their business. However, rest assured that your employer should have appropriate liability insurance in place for such an eventuality, so your compensation payment will come from their insurer rather than their own pocket.

Here at Lanyon Bowdler, our team of empathetic and understanding personal injury solicitors will endeavour to reassure you that you are protected by the law. We are on your team, and we will guide you through the whole process, taking the time, at each stage, to explain what is happening, and why. Please don’t hesitate to get in touch and we’ll be more than happy to help put your mind at ease.

Forklift trucks are powerful and heavy vehicles, and when they are handled incorrectly, or not adequately maintained, they can cause serious injury. Many employees feel they are unable to claim compensation after a forklift accident as they feel that they are solely to blame for what happened. However, we are often able to prove that their employer, or a third party, is liable for the accident in some way.

Some of the situations, which can lead to a valid forklift truck accident compensation claim, include:

• Your employer asked you to operate a forklift without providing proper training
• You were asked to work in close proximity to a forklift without proper PPE
• You were asked to operate a forklift when you were below the legal age of 16
• You were asked to operate a forklift which wasn’t in good working condition
• You were asked to operate a forklift in an inadequate workspace
• You were asked to operate a forklift in an unsuitable environment

This is not an exhaustive list, and there are many ways in which somebody else’s negligence could lead to a forklift accident. Whether you were provided with inadequate training, asked to operate the forklift in an area with poor lighting conditions, or expected to drive the forklift via insufficient gangways, if the accident occurred due to no fault of your own, your case should be valid.

If you’ve been involved in a forklift truck accident at work, it is important that it is logged in the company’s accident book with as much detail as possible. It is also important you seek medical assistance for any injuries you have sustained and ask for copies of the medical reports as they may be required as evidence in your compensation case.

There are a number of legislative acts under which you may be able to pursue your claim, including:

• The Workplace (Health Safety and Welfare) Regulations 1992 – which states that employers must keep the workplace safe, including ensuring vehicles can safely move around the site.
• The Provision and Use of Work Equipment Regulations 1998 – employers must provide adequate training to all employees operating forklift trucks, as well as appropriate supervision, and ensuring the vehicle is in safe working order.
• The Accepted Code of Practice (ACOP) – published by the HSE, this covers the legal responsibilities of employers and employees regarding the use of rider-operated lift trucks in the workplace.

If your forklift accident was caused by your employer breaching the established legislation or the ACOP you can pursue a compensation claim. Even if your injury was caused by a colleague, you can still claim on the grounds of improper employee supervision.

The law states that forklift operators must be at least 16 years of age, or 18 in a port facility. If you are injured in a forklift accident whilst under the age of 18, you can still make a claim, but you would need a litigation friend to make the claim for you, or you could wait until your 18th birthday to begin the claim.

If you’re unsure about how to begin the claim process, or whether you have valid grounds on which to claim, please get in touch. Our highly qualified team of personal injury solicitors have the experience and knowledge to answer your questions and aid you as you navigate your compensation claim.