Forklift Accident Claim
Claim Compensation for a Forklift Truck Accident
Because a forklift truck is used in close proximity to people accidents can lead to serious and life-changing injuries. Osbornes Law specialises in serious injury claims. Our lawyers fight to ensure you receive the best financial package and on-going medical care and rehabilitation.
By far the most dangerous piece of industrial transport equipment is the forklift truck. This is because it is used in close proximity with people and is not always driven with proper care or under safe conditions which can lead to forklift truck accident
Workplace Safety to Avoid Forklift Truck Accidents
Forklifts, reach trucks and telescopic handlers are needed at warehouses and distribution hubs to load and unload delivery lorries and to store and stack stock every day. This means they must often operate outside as well as indoors and they will be in close proximity to drivers and loaders, customers, warehouse workers and others.
Employers at these places must make sure that they have proper systems for keeping forklifts away from pedestrian traffic. So there will need to be designated traffic routes and pedestrian walkways, with floor markings, warning signs, notices and barriers. Speed limits must be imposed and observed. This all requires thought and a proper assessment of the logistics, to arrange the workplace so that it is efficient and productive but also as safe as possible.
Safe vehicles
The average forklift truck (or FLT) weighs about 7000 lbs and will carry loads of between 1 and 5 tonnes, up to a height of 24 feet. It, therefore, has the potential to do a lot of damage and must be properly maintained. Daily checks should be carried out and logged, especially of the loading mechanism and the safety features, such as the warning siren, flashing lights and rear view mirrors. Any defect or malfunction with these parts could lead to a serious forklift accident.
Safe drivers
Perhaps more important than the safety of the vehicle is the safety of the driver because most forklift accidents are caused by human error. The operator must be trained and qualified to drive a forklift and must be familiar with the particular type of truck he is assigned to. The training is not limited to the use of the vehicle; it must also include the processes involved, the safe methods of loading, unloading and stacking, and the layout of the workplace. This training is an ongoing process and it is vital to keep it up to date with refresher courses. The driver must also be properly supervised by someone with the qualifications and experience to do that job.
Some forklift accidents are caused by drivers not being fit, through medication, drink or drugs, to drive safely, and the employer should keep and police a policy that outlaws forklift driving whilst under the influence.
Legislation
There is adequate health and safety legislation in place to prevent accidents involving forklift trucks. There are workplace regulations that impose strict duties in relation to work at height and the arrangement of transport traffic routes, and there is plenty of guidance from the Health & Safety Executive (HSE) and the Forklift Truck Association.
But sometimes the rules are not observed and people are injured in avoidable industrial accidents. In these cases, the breach of the relevant regulation can be used to prove the negligence claim against the employer or other person responsible.
Common accident situations involving forklifts include
-
People falling after being incorrectly lifted by a forklift
-
Reversing forklifts running down pedestrians
-
Unsecured loads falling from forklifts
-
Malfunctioning forklift safety equipment
-
Forklifts colliding with other vehicles or structures
-
Failure to clear mark traffic routes and failure to observe traffic routes
-
Driver error caused by inattention, lack of experience or drink or drugs
Injuries caused by forklift trucks are often very serious. Head and brain or spinal injuries can result where a person is dropped from height or where a load falls onto them. Being run over by a forklift can cause devastating orthopaedic and degloving injuries, often leading to amputation.
With the more serious injury cases there is likely to be an investigation by the HSE or Local Authority, and where there is clear evidence of safety breaches they will prosecute. This usually provides helpful evidence that can be used in the civil claim.
Forklift accident claim case studies
We acted for Mr R, a lorry driver who worked for building suppliers. He reported to the depot every morning and colleagues would load his lorry with a forklift truck. One day he was walking across the yard, between the warehouse and his lorry, and he passed behind the back of a stationary forklift truck. As he did so, the forklift reversed and ran over his legs. He suffered several fractures and loss of tissue and muscle which required skin grafting, and he needed extensive physical and psychological rehabilitation. He claimed that he did not hear any siren or see any flashing lights and that there was no safe walkway he could use. His employers argued that the forklift was working correctly and the cause of the accident was Mr R walking too close to the vehicle and not paying attention. After legal proceedings, the defendants eventually conceded liability and the case settled for nearly £100,000.
Siobhan McIvor, a Partner at Osbornes Law, recently settled a claim in the sum of £85,000 for a warehouse operative who sustained nasty foot and ankle fractures which required surgical fixing, when a forklift drove over his foot at work. The third-party insurer alleged the Claimant was partly to blame for the accident and his compensation should be reduced accordingly, which argument Osbornes vigorously disputed. The Claimant was pleased to receive private rehabilitation funded by the third-party insurer over a two-year period. Osbornes ensured the Claimant received the absolute maximum award payable having rejected offers of settlement in the sum of £25,000, £48,000, £50,000 and £70,000 prior to accepting the offer of £85,000. The Claimant, a Hungarian national who did not speak English, was advised throughout in Hungarian by Diana Magyar and Tamara Simon in Hungarian.
Why Choose Osbornes For Forklift Accident Injury Claims
At Osbornes we have built up over the years a wealth of experience in dealing with forklift accident claims, and are confident that in most cases we will be able to prove breaches of safety regulations to allow the claim to be brought successfully.
Client StoriesVIEW ALL
- 17.11.2021
£100,000 settlement for tripping at work
Osbornes Law secures £100,000 settlement for Hungarian woman who tripped over a shopping bag at work Siobhan McIvor, a Partner in...
Read more - 17.11.2021
£165,000 settlement for factory accident
Siobhan McIvor, a Partner in the Personal Injury Department of Osbornes Law, has secured a £165,000 settlement, with the help of...
Read more - 31.8.2021
Kitchen Accident Claim
Our client, a hospitality supervisor instructed Osbornes after he slipped and fell on oil and food debris on the floor...
Read more - 18.5.2021
Construction Site Accident at Work
Our client suffered numerous fractures to their left leg requiring surgery following a work accident on a construction site. He...
Read more - 18.5.2021
Compensation Awarded Following Amputation Accident on Construction Site
Our client worked as a carpenter/bricklayer on a building site at a residential property in North London. He was...
Read more - 2.9.2020
Lasting damage to ankle following construction accident settles...
Sam Collard, an Associate in the Osbornes’ catastrophic injury team, recently settled an employer’s liability claim for a Romanian...
Read more - 13.8.2019
Basement fatality convictions highlight health and safety regulations
Conrad Sidebottom, 46, and Richard Golding, 43, were jailed for their part in causing the death of Anghel Milosavlevici. Osbornes Law partner...
Read more - 13.8.2019
Boatyard worker awarded multi-million pound settlement
A boatyard worker who was injured in a workplace fall has been awarded a compensation settlement worth £7.2 million. Kevin Cleightonhills,...
Read more - 13.8.2019
Factory worker injured in flash fire at work...
Enviro-Strip (UK) Ltd have been ordered to pay £20,000 in compensation after a worker was seriously injured in a flash fire...
Read more - 19.6.2019
Man loses hand in accident at work
A company that owns a factory in Knowsley has been fined £3,500 and ordered to pay £3,500 in costs after an employees...
Read more - 19.6.2018
Ladder accident results compensation claim
A shop worker who fell from a ladder has won £9,600 in compensation. The worker who was employed as a senior...
Read more - 19.6.2018
Worker suffers life-changing injuries in accident at work
A windows company has been fined and ordered to pay costs after a double glazing worker suffered multiple injuries in...
Read more - 2.4.2018
Osbornes settles serious workplace injury case for six...
The personal injury team at Osbornes has recently represented a baker after he got his arm caught in a faulty...
Read more - 6.8.2017
Compensation for construction worker with serious ankle injury
The Claimant, PB, a Polish male in his late 40s, was injured when he fell off a ladder whilst working...
Read more - 19.6.2016
Osbornes helps hotel bar man claim compensation
Osbornes were instructed after our client, a hotel barman fell down a flight of stairs at work. The man had...
Read more - 19.6.2012
Man who fell in freezer in work accident...
The man who was in a walk in freezer at the time slipped on ice which had built up on...
Read more - 19.6.2012
Worker paralysed at work awarded £120,000 in compensation
A 38 year old worker was left paralysed from the chest down after an accident at work in which a reel...
Read more - 19.6.2012
Injury to wrist results in £100,000 for lorry driver
A lorry driver has received a settlement for injuries and financial losses suffered in an accident at work. Jarek Lemancyk...
Read more
Essential reading
Insights From our Personal Injury Lawyers VIEW ALL
- 28.2.2023
Do you have to wear a bike helmet?
Should bike helmets be mandatory in the UK? Recently, Dan Walker was involved in a nasty collision with a motorist...
Read more - 3.2.2023
Bereavement Support Payment
What are Bereavement Support Payments? Bereavement Support Payments are a benefit historically only available to parents whose husband, wife or...
Read more - 19.10.2022
Award nomination for catastrophic injury lawyers at Osbornes...
The personal injury team at Osbornes are delighted to be finalists at The Personal Injury Awards 2022 in the category of ‘...
Read more - 5.5.2022
Top 10 Major Highway Code Changes for Cyclists
New Highway Code rules for cyclists At the end of January 2022, the Highway Code was updated to make British roads...
Read more - 20.1.2022
Cycling accident advice
Now more than ever before, people are embracing the pleasures and benefits of cycling in and around London. Unsurprisingly, the...
Read more - 24.11.2021
Ben Posford named catastrophic injury lawyer of the...
Osbornes Law are delighted to announce that Ben Posford has been named as ‘Catastrophic Injury Lawyer of the Year’ at...
Read more - 23.9.2021
Croydon Tram Crash Inquest Recommendations Welcomed
The families of victims killed in the Croydon tram crash today welcomed a coroner’s recommendations to prevent another tragedy....
Read more - 16.9.2021
The law around E-bikes and E-scooters explained
Why are electric bikes legal but not scooters? E-bikes and e-scooters are the new rides on the block. To many,...
Read more - 26.8.2021
Osbornes Sponsor Leading Medico-Legal Conference
Osbornes Law is delighted to be the principal sponsor of the Cambridge Annual Medico-Legal Conference. This year conference, which is...
Read more - 2.8.2021
London Tube Sign Causes Head Injury
Serious brain injury claim after falling London tube sign knocks pedestrian unconscious. An airline pilot ‘miraculously’ survived after a 20kg...
Read more - 22.7.2021
Croydon Tram Crash Inquest Concludes
Families of Croydon tram crash victims disappointed by Inquest conclusion The families of victims killed in the Croydon tram crash...
Read more - 2.2.2021
Compensation Tables for Personal Injury
What are the Ogden Tables? If you have been injured in an accident that was not your fault, you may...
Read more - 5.1.2021
Farming accidents high risk for self-employed
Agriculture represents a dangerous industry in the UK, and according to the Health and Safety Executive’s report 2020/2021, farm deaths...
Read more - 31.12.2020
Bike Boxes – what are the rules?
Cycle boxes at traffic lights I read a post recently on a London cycling forum in relation to some confusion...
Read more - 2.11.2020
Highway Code changes just the start in protecting...
The 2020 changes to the Highway Code do not go far enough to change driver behaviour and protect cyclists and pedestrians,...
Read more - 15.10.2020
Fatal Accidents In The Workplace
A new article from the BBC takes a looked at fatal accidents at work. The report states that since 1981, there...
Read more - 13.10.2020
When To Seek Advice Following An Accident At...
Autumn is upon us and it’s the start of another academic year. With a 7 year old boy recently being...
Read more - 8.10.2020
Pedestrian hit by car on zebra crossing settles...
Blanca Diego, Solicitor in the Osbornes Personal Injury Department, recently settled a claim for a Spanish client who sustained injuries...
Read more - 21.9.2020
Motorcyclists – Could your actions be invalidating your insurance?
Insurance cover for you and your bike is vital in the event of an accident or theft but beware – insurance...
Read more - 17.9.2020
Osbornes partners with leading Brain Injury Charity
Lights, Camera, Legal Advice! This week marks the launch of a new series of 16 legal advice videos with brain injury...
Read more - 30.7.2020
Self-Employed Injury At Work
Dealing with a personal injury claim as a self-employed worker Being self-employed has its advantages, including independence, creative freedom, job...
Read more - 15.7.2020
Osbornes Law joins legal panel of national road...
Osbornes are delighted to announce that the firm has joined the legal panel of the national charity for road crash...
Read more - 29.6.2020
The Dangers of Working on Farms
According to the Health and Safety Executive, over the last 10 years, almost one person a week has been killed as...
Read more - 19.6.2020
Changes to employer’s liability for work accidents
As it now stands employers are automatically liable for some workplace injuries, (without the Claimant having to prove “fault”) is...
Read more
Our Personal Injury Team View the whole team
Rob Aylott
Partner
Personal Injury SolicitorsSam Collard
Partner
Personal Injury SolicitorsSophie Davies
Partner
Personal Injury SolicitorsNicola Hall
Associate Solicitor
Personal Injury SolicitorsAndrew Middlehurst
Associate Solicitor
Personal Injury SolicitorsLaura Swaine
Associate Solicitor
Personal Injury SolicitorsView the
whole team