A forklift accident can cause serious and sometimes life-changing injuries. Forklift trucks are heavy, powerful vehicles. When they are driven unsafely, poorly maintained or used in an unsuitable environment, the consequences can be severe.

You may be able to make a forklift accident claim if you were injured because your employer, a forklift driver or another organisation failed to keep you safe. This can apply whether you were operating the forklift truck, working nearby or visiting the site.

In this guide, the personal injury team at Switalskis explains how to make a forklift accident claim, what evidence you may need and what forklift accident compensation can cover.

Can you make a claim after a forklift accident at work?

You may be able to claim compensation if someone else’s negligence caused your forklift injury. To make a successful claim, you will usually need to show that another person or organisation owed you a legal duty of care, failed to meet that duty and caused your injury as a result. For example, your employer may have failed to provide proper training, maintain the forklift truck or separate pedestrians from moving vehicles.

You could also make a forklift truck accident claim if another forklift driver acted carelessly or ignored safety procedures. You do not need to know exactly which rule was broken before seeking advice. A personal injury solicitor can investigate how the accident happened and identify who may have been responsible.

Who can make a forklift accident claim?

Forklift accident claims are not limited to forklift drivers. You may be able to make an accident claim if you were working close to a forklift truck when you were struck, trapped or injured by a falling load. Agency workers and temporary staff can also claim where unsafe working conditions caused their injuries. Contractors, delivery drivers and visitors may also be eligible. The important question is whether the person or organisation controlling the vehicle or site failed to take reasonable steps to protect you.

The correct defendant will depend on who controlled the forklift truck, the workplace and the activity taking place at the time.

What causes forklift truck accidents?

Most forklift truck accidents are preventable. They often happen because basic workplace safety measures have been missed.

Inadequate training

A forklift driver needs suitable training before operating a forklift truck. This should cover the type of forklift truck being used, the loads being moved and the conditions within the workplace. Refresher training may also be needed where an operator has not driven recently, the working environment changes or unsafe habits develop.

Allowing an employee to operate a forklift truck without adequate training can put both the driver and nearby workers at risk.

Poor supervision

Training alone is not enough. Employers should make sure that forklift safety procedures are followed in practice. Unsafe shortcuts can become normal where managers fail to challenge speeding, overloading or careless driving. Adequate supervision is particularly important in busy workplaces where several vehicles and pedestrians use the same area.

Unsafe traffic routes

Forklift trucks and pedestrians should be kept apart where reasonably possible. Missing barriers, unclear walkways and poorly positioned crossing points can make a forklift accident more likely. Badly planned routes can also create blind corners or force workers into the path of moving vehicles.

Excessive speed

Driving too quickly reduces the time available to react. A forklift truck can also become unstable when turning at speed. This increases the risk of forklift overturns, falling loads and collisions with pedestrians or other vehicles.

Poor maintenance

Poorly maintained forklift trucks may develop faults with their brakes, steering, tyres or warning systems. Regular checks and servicing should identify defects before they cause a forklift truck accident. An employer may be liable if it knew, or ought reasonably to have known, that a forklift truck was unsafe and allowed it to remain in use.

Unstable or excessive loads

A load that is too heavy, badly balanced or improperly secured can fall onto nearby workers and make the forklift truck unstable. This may cause the vehicle to overturn when turning, moving over an uneven surface or travelling on a slope.

Unsafe working surfaces

Potholes, debris, wet floors and steep gradients can contribute to truck accidents. Employers should carry out an appropriate risk assessment and deal with hazards in areas where forklift trucks operate.

What injuries can a forklift accident cause?

A forklift truck accident can cause anything from minor injuries to permanent disability. Crush injuries are common where someone is trapped between a forklift truck and a wall, storage rack or another vehicle. These accidents can cause broken bones, internal damage, limb injuries and amputations.

A person may also suffer a head or brain injury after being struck by the vehicle, hit by a falling load or thrown during a forklift overturn. Spinal and back injuries can cause chronic pain, restricted movement or paralysis. Some forklift truck injuries also have a psychological impact. A serious workplace accident may lead to anxiety, depression or post-traumatic stress disorder.

The most serious injuries can require lifelong care, rehabilitation and adaptations to the injured person’s home.

What should I do after a forklift accident?

Your health should come first. Seek medical treatment even if the forklift injury initially appears minor. Some symptoms become more noticeable over time, and your medical records will help show what injuries were caused by the accident.

Where possible, you should also:

• Report the accident promptly: tell your manager, supervisor or the person responsible for the site. Ask for the incident to be entered in the workplace accident book.
• Check the written record: make sure the report accurately describes what happened. Ask for any errors or missing details to be corrected.
• Record the scene: take photographs of the forklift truck, working surface, traffic route, lighting, load and any visible defects, provided it is safe to do so.
• Identify witnesses: record the names and contact details of anyone who saw the accident or had previously noticed unsafe practices.
• Keep financial evidence: save payslips, receipts and records of travel, treatment or other expenses caused by your injury.
• Seek legal advice early: a solicitor can ask for CCTV, maintenance records and training documents before they are deleted or lost.

Strong documentation can help establish how the forklift accident happened and support the value of your forklift accident compensation claim.

What evidence do you need for a forklift injury claim?

The evidence required will depend on the circumstances of the accident. Your solicitor may request the workplace accident book entry, CCTV footage, photographs and witness statements. They may also ask for risk assessments, operator training records and the site’s traffic-management procedures.

Maintenance and inspection documents can show whether the forklift truck was safe to use. These records may be particularly important where brake failure, steering problems or poor maintenance contributed to the accident.

Medical evidence will be needed to show the type and severity of your forklift injury. Your solicitor may obtain your existing medical records and arrange an assessment with an independent expert. Payslips, invoices and receipts can then be used to calculate lost earnings and other financial losses.

Who could be responsible for a forklift truck accident?

Responsibility may rest with one person or several organisations.

Your employer

Employers have a legal duty to provide a reasonably safe working environment. 

This can include providing adequate training, suitable equipment, proper supervision and safe systems of work, as well as appropriate personal protective equipment where necessary.

Employers should also assess the risks created by workplace machinery and put suitable safety procedures in place. An employer may be responsible where it failed to maintain the forklift truck, manage traffic routes or prevent an untrained worker from driving.

Another employer or contractor

The forklift driver may work for a different business. This is common on construction sites, shared warehouses and loading areas. A forklift truck accident claim may therefore be made against another contractor, logistics company or employer.

The site operator

The organisation controlling the premises may be responsible for unsafe routes, poor lighting, missing barriers or inadequate warning signs.

A maintenance company or supplier

A third-party maintenance company may be liable if poor servicing caused a mechanical fault. A manufacturer or supplier may also be responsible where the forklift truck or one of its components was defective. Your solicitor can review the working arrangements and identify the correct party against which to make the compensation claim.

Can you claim if you were driving the forklift?

Operating the forklift truck does not automatically make you responsible for the accident. You may have been given inadequate training or required to use a poorly maintained forklift truck. The vehicle may have been unsuitable for the task, or you may have been asked to move an unstable or excessive load.

A claim may also be possible where the working surface was unsafe, no proper risk assessment had been completed, or you were pressured to work too quickly. Your employer’s legal responsibilities remain relevant even if you were operating the vehicle when the accident happened.

Can you claim if you were partly responsible?

You may still be able to claim compensation even if you were partly responsible for the forklift accident. Under the Law Reform (Contributory Negligence) Act 1945 , any compensation awarded may be reduced to reflect your share of responsibility. For example, a forklift driver may have been travelling too quickly. However, the employer may also have failed to provide proper training, maintain the vehicle or manage traffic routes safely.

In that situation, both parties may share responsibility. The compensation awarded would be reduced to reflect the injured person's share of responsibility for the accident. Do not assume that making a mistake prevents you from bringing a forklift accident claim. A solicitor will consider all the factors that contributed to the incident.

Can agency workers and contractors claim?

Agency workers and contractors can make forklift injury claims in the same way as permanent employees. The key issue is who was responsible for your safety. This could be the agency, the organisation directing your work, the business controlling the site or another contractor.

More than one organisation may share responsibility. Your employment status should not prevent you from seeking advice after a forklift accident at work.

Will making a claim affect your job?

Many people are concerned about making an accident claim against their employer. In most cases, the claim is handled by the employer’s liability insurance provider. Compensation is not usually paid personally by your manager or the forklift driver.

Employees also have legal protection when raising genuine health and safety concerns. However, the exact position will depend on what happened and how your employer responds. Speak to a solicitor if you are worried about unfair treatment following a workplace accident.

How much forklift accident compensation could you receive?

There is no fixed amount of forklift accident compensation. How much compensation you receive will depend on the nature of your injuries, the length of your recovery and whether the effects are permanent. Part of the compensation reflects your pain, suffering and loss of quality of life. The Judicial College Guidelines may be considered alongside your medical reports when valuing this part of the claim. The compensation claim can also cover financial losses. These may include lost earnings, medical treatment, rehabilitation, travel expenses and professional care.

More serious forklift injury claims may involve future loss of earnings, lifelong support, specialist equipment and adaptations to the home. Compensation payouts cannot be assessed accurately until the medical evidence and full financial impact are understood.

Can compensation pay for rehabilitation?

Forklift accident compensation can help you access treatment and support. This may include physiotherapy, psychological therapy, surgery or specialist rehabilitation. A claim can also cover mobility equipment, professional care and changes to your home.

You may not always need to wait until the final settlement. Where responsibility has been admitted, your solicitor may request an interim payment. This is an advance taken from the compensation you are expected to receive.

An interim payment can help ease financial pressure and pay for treatment, equipment or everyday living costs while the claims process continues.

How long do you have to make a forklift accident claim?

The usual time limit for a personal injury claim in England and Wales is three years. This generally runs from the date the accident happened. In some cases, it begins from the date you first became aware that another party’s negligence may have caused your injury.

Different rules apply where the person injured was under 18. The usual limit may also be paused where the injured person lacks the mental capacity to manage legal proceedings.

It is best to seek advice early. CCTV may be deleted, witnesses may leave the workplace, and important records can become harder to obtain.

How long does a forklift truck accident claim take?

The length of the claims process depends on the circumstances. A straightforward accident claim may settle relatively quickly where responsibility is admitted, and the injury heals as expected. More serious forklift injury claims often take longer. Your solicitor may need to understand whether you can return to work, what medical treatment you require and whether you will need future care.

Court proceedings may be necessary where the employer or its liability insurance provider disputes responsibility or the amount of compensation. Taking time to assess the forklift injury properly can prevent the claim from being settled for less than you need.

How do no win, no fee forklift claims work?

Many forklift accident claims can be handled on a no win, no fee basis. This usually means you will not pay your solicitor’s legal fees if the claim is unsuccessful, subject to the terms of the agreement. If you make a successful claim, a success fee may be deducted from the compensation awarded. Your solicitor should explain the fee basis and any possible deductions before you agree to proceed.

A no win, no fee agreement can reduce the financial risk of starting a forklift accident compensation claim.

How can a forklift accident solicitor help?

A personal injury solicitor such as Switalskis can investigate how the forklift truck accident happened and identify who may be responsible. They can obtain CCTV, training records, maintenance documents and witness evidence. They will also arrange medical reports and calculate the financial effect of your forklift injury. Where possible, your solicitor can seek early rehabilitation and interim payments. They will negotiate with the relevant insurance company and start court proceedings if an agreement cannot be reached.

The claims process can seem complicated. A specialist solicitor like Switalskis can explain each stage clearly and keep you involved throughout.

Read about how this worker was awarded £40,000 after a preventable workplace injury that involved a forklift truck.

How Switalskis can help you claim

Starting a forklift truck accident claim with Switalskis is simple and straightforward. We’ll listen to what happened and explain whether you may be able to claim compensation. We'll then investigate the forklift accident, identify the potentially responsible party or parties and gather the evidence needed to support your case.

We’ll consider the full impact of your injuries. This includes your medical treatment, lost earnings, rehabilitation and future support. Where possible, we’ll seek interim payments to ease financial pressure and help you access treatment before the claim ends.

We can handle eligible forklift accident claims on a no win, no fee basis. We’ll explain the fee agreement and any potential deductions before you decide whether to proceed.

To discuss your forklift accident compensation claim, call Switalskis on 0800 138 0458 or complete the contact form on our website .