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Forklift trucks are often controlled by the rear wheel. You are required to undergo the proper training before operating one. They are fitted with seatbelts to protect you in the event of an accident.
Like all workplace machinery, forklifts also come with their own risks. This can be caused by lack of training, poor maintenance of the vehicle, or carelessness. They weigh more than double of a car, and if they are not used correctly, it can have severe consequences.
In many workplaces such as airports, factories, warehouses, construction sites, or anywhere where there are heavy items that need to be transported around, forklifts are an essential.
If you have involved in an accident with a forklift, you may be able to claim compensation. Call us today on 0121 8276 446 to see how we can help you.
What types of forklift accidents are there?
There are many ways in which a forklift accident can happen. You do not have to be inside the forklift for this to take place. Accidents with forklifts tend to be seriously life-changing, or even life-threatening due to their incredible weight.
A forklift in a powerful piece of machinery and requires a lot of training and practise to use. Forklift accidents can occur in some of the following ways:
A forklift accident where you were the driver.
- You have not been given the correct training to use it.
- There is a fault with the forklift.
- The surface you are using the forklift on is broken or damaged, including potholes.
Other types of forklift accident
- A forklift has been driven into you by someone else
- Some kind of equipment has fallen off the forklift and injured you
- You have been crushed by it, such as a trapped arm of leg, or other crushing injuries.
What are my employer's legal responsibilities to prevent forklift truck accidents?
Employers’ have a responsibility for everyone in their care. It is down to them to ensure the working conditions they have provided are safe to be worked in. this includes for temporary workers, workers on a zero-hour contract, and sub-contractors.
If an employee is injured due to the negligence of care from their employer, then they may be entitled to claim compensation.
To drive a forklift, you must be at least 16 years old. In docks or ports, you must be at least 18.
The legal responsibility of the training and operator safety advice, as well as keeping records, refresher training, monitoring and assessments are a few of the many things covered in the Accepted Code of Practise for employers and employee operators, which the HSE (Health and Safety Executive) publishes. If your employer is in violation of this, then you may be able to claim compensation.
Call our specialist team on 0121 8276 446 to see how we can help.
What are my health and safety rights at work?
By law, you have the right to:-
- Be provided with the correct training for work.
- Be given the correct safety gear and PPE where necessary.
- Be in a safe and well-maintained working environment free from harm.
- Evacuate your work area if you or a colleague is at any kind of risk of harm.
- Be safely represented by a union.
Was your forklift accident someone else's fault?
If your accident was caused due to someone else’s negligence or recklessness, and due to them not operating the machinery in the correct manner, then it was not your fault. Having an accident which is not your fault means you may be entitled to compensation.
Forklift truck accidents, safety and liability
Driving a forklift is different to driving a vehicle as there is no specific licence in place for it. But it is the duty of your employer to ensure that you, or anyone operating the forklift, has been provided with the correct training and technique under PUWER (Provision and Use of Work Equipment Regulations 1998).
If the correct training is not given, and you sustain an injury due to this then the accident was not your fault. Has the rules and guidelines been followed correctly, then the accident would not have happened.
The accident is not always the fault of the person driving the forklift. Sometimes, there may be a case where the forklift they are driving are faulty, or the surface which they are driving on has not been properly maintained. It is the responsibility of your employer to ensure the working environment is in a safe condition for you to be working in.
If you have been involved in an accident with a forklift and would like to claim for compensation, or even ask for further advice, then call us today on 0121 8276 446 to speak to one of our trusted advisors.
What happens if I was partly to blame for my forklift accident?
Even if you are partly to blame for the accident, you may still be able to claim for compensation. This will be a split liability, or contributory negligence, and it means the fault will not lie solely with another person, but also partially with you. This is not always a 50/50 split, it can be any kind of split such as 20/80, or 40/60. This means that a claim that is originally worth £20,000, and you are 20% to blame while the employer is 80% to blame, you will receive £16,000 before the solicitor deduct their fees.
Can you claim for your forklift accident?
Providing your accident has happened in the last 3 years, you were injured in the accident, and it was not your fault, then yes you can claim for compensation.
When you contact us, you will be connected with one of our specialist advisors. They will take the details of the accident from you and assess if you have a claim, and what the next steps can be.
If you are happy to go ahead, you will be connected with one of our specialist solicitors to begin your claim. If, after being given the advice that you need, you decide you would like more time to think about it, you are under no obligation to go ahead with it. We will never pressure you into making the claim.
If you would like to make a claim, or would like further advice, call our specialist advisors today on 0121 8276 446.
How much compensation could you receive?
The amount of compensation you get for forklift injury claim will depend on many factors. Until the case has been fully assessed, and medical evidence has been obtained, the amount you get will not be finalised.
Many factors are taken into consideration, such as how severe the injury is, how it has affected your day-to-day life, and how it has financially affected you. No two cases are the same, therefore it is not possible to have set figures in place.
If your accident has left you unable to work, or needing extended time off, bringing a compensation claim forward can help reduce the risk of you being left out of pocket. It can also improve the workplace standard, as the danger will be brought to your employers’ attention and they ill put measures in place to ensure nobody is hurt the same way you were.
If you would like further information on forklift claims, call us on 0121 8276 446.
Looking to start your forklift accident claim?
Not only can the accident physically effect you, but it can also be mentally traumatising for you to deal with. It can affect your everyday life and could leave you dependent on others to assist you with simple tasks. Not being able to work or go about your daily life in the way that you use to can have a severe impact on your mental health and effect the relationships you have with your loved ones. You should not have to silently bear the consequences of an accident that was not your fault.
If you would like to make a claim, or would like any further advice, call our specialist advisors today on 0121 8276 446.
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