Forklift Accident Claims Process - Scotland

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Forklift Truck Accidents Making a Claim How Much Compensation? Why Watermans?

Forklift Truck Accidents

Forklift truck accident claims

Accidents in the workplace involving forklift trucks are unfortunately commonplace in the UK. It is not only the drivers of forklifts that are at risk of injury; someone working or walking in the vicinity of a forklift truck is also at risk of sustaining an injury.

Forklift truck accidents occur mostly due to human error and inexperience. If you are required to drive a forklift truck, be it on a construction site, in a factory or in a warehouse, then you should be fully trained.

By law, any person in the UK operating a vehicle such as a forklift truck must be fully trained, with many employers requesting a certificate or license as proof of experience. However, some employers may neglect this law and this increases the opportunity of a forklift truck accident arising.

The potential injuries sustained from a forklift accident can be serious, and the aftermath can be difficult for you and your loved ones. Aside from the pain and suffering you may experience, there may also be a loss of earnings involved due to being out of work for a period of time.

Common Forklift Injuries

Forklift accidents can lead to a range of injuries, varying in severity from minor bruises to life-changing injuries. Some of the most common injuries associated with forklift accidents are:

Crush injuries – These injuries can happen when a person is pinned between the forklift and another object or when a heavy load falls from the forklift onto someone. Crush injuries can result in broken bones, internal organ damage, or death.
Fractures and broken bones – These injuries often affect the legs, arms, ribs, and hips and can require extensive medical treatment and rehabilitation.
Head and brain injuries – Forklift accidents can cause head injuries due to collisions, falling objects, or operators being thrown from the vehicle. These injuries range from mild concussions to severe traumatic brain injuries (TBIs).
Spinal cord injuries – Damage to the spinal cord can occur in forklift accidents, particularly in cases involving crush injuries or falls. These injuries can lead to partial or complete paralysis, chronic pain, and loss of sensation.
Lacerations and puncture wounds – Sharp edges on forklift trucks or the objects they carry can cause deep cuts or puncture wounds. These injuries can result in blood loss, nerve damage, and scarring.
Amputations – In severe cases, forklift accidents can cause limbs to be severed or so badly damaged that surgical amputation is necessary. Losing a limb is a life-changing event that can impact an individual’s ability to work and perform daily tasks.
Neck and back injuries – The impact of a forklift collision or the strain of operating a forklift can cause neck and back injuries, such as whiplash or spinal cord compression. These injuries can lead to chronic pain, reduced mobility, and lengthy recovery periods.

Whatever your injury, you can be sure that Watermans will fight for the best possible outcome for you. Contact a Watermans specialist solicitor to discuss your options for making a forklift accident compensation claim.

Making a Claim

Who qualifies for forklift truck accident claims?

If you have been involved in a forklift truck accident within the last three years, then you may be entitled to make a forklift truck accident claim. This applies to various individuals who may be working with or around forklifts, including:

Forklift drivers – Employees who are trained and licensed to operate forklift trucks in warehouses, construction sites, or other workplaces.
Co-workers – Colleagues working in the same area as the forklift truck, such as other warehouse staff or construction workers.
Pedestrians – Individuals who are walking or working nearby, such as office staff, site visitors, or even passers-by in some cases.
Contractors and subcontractors – Independent contractors or subcontractors hired to perform specific tasks in areas where forklift trucks are in use.

In order to be successful in your claim it is important to show that the accident was due to the fault of another employee or negligence towards sufficient training. This negligence can take many forms. Here are some instances where forklift truck accidents can occur:

If the operator is not correctly trained or licensed
If the forklift is carrying an unsuitable load or on an uneven surface
If the operator is driving recklessly
If the load being carried by the forklift falls onto a person
By the forklift colliding with a person
If the machine itself is damaged or incorrectly maintained
Lack of proper safety measures or risk assessments
Poor training procedures

If you’re unsure whether you qualify for a forklift accident claim, speak with a knowledgeable forklift accident injury lawyer from Watermans. We offer free, no-obligation consultations to help you understand your rights and options.

How do I make a forklift accident claim?

At Watermans, we understand that making a personal injury claim may seem daunting. Perhaps you wouldn’t even know how to begin the process. That’s where we come in.

If you or a loved one has experienced an injury and loss of earnings due to a forklift truck accident that happened within the last three years, you should speak to one of our dedicated personal injury solicitors today. You may be entitled to compensation if the accident occurred due to incorrect training or negligence on your employer’s behalf.

There are certain steps you must take for your forklift accident compensation claims to be successful.

Get medical attention – If you’ve been injured in a forklift truck accident, seek medical attention immediately. This is important for your health and ensures that your injuries are documented, which will be important evidence when you make a forklift accident claim.
Report the accident – After receiving medical care, report the forklift accident to your employer or the relevant authority at your workplace. This creates an official record of the incident, which will support your claim and make the process smoother.
Gather evidence – To build a strong case, collect as much evidence as possible related to the accident. This may include medical records, photographs of the accident scene, witness statements, CCTV footage, and any relevant documentation, such as maintenance records or training certificates.
Contact Watermans – Our personal injury solicitors have a wealth of knowledge regarding forklift truck accidents and are here to offer you straightforward legal advice. We are here to support you in pursuing your claim, plus, we operate a no-win no-fee policy, meaning that if we don’t win, you don’t pay any solicitors fees.
Focus on your recovery – Experiencing and recovering from a forklift truck injury can be painful and upsetting for you and your family. Injuries sustained can range from minor injuries to serious injuries, which could change the way you live and work forever. Adjusting to this new way of life could mean that you require long-term medical care or need adaptations made to your home. All of these changes will be considered by our forklift truck accident solicitors when making your personal injury claim.

It should be that simple to make a claim.

How Much Compensation?

How much compensation can I claim for a forklift truck accident?

As with all personal injury claims, each potential compensation amount will differ. In the case of a forklift truck injury, you may be entitled to compensation for:

Medical, rehabilitation and hospital expenses – This includes all costs related to your medical treatment, such as surgeries and hospital stays. You may also claim for any medical equipment or devices you need as a result of your injuries, such as crutches or wheelchairs.
Loss of earnings or earning capacity – If your forklift accident injuries prevent you from working, either temporarily or permanently, you can claim compensation for lost wages. This includes not only the income you have already lost but also any future earnings you may lose due to a reduced earning capacity caused by your injuries.
Any future expenses as a result of the injury – You can claim compensation for any anticipated future expenses, such as additional surgeries, long-term medication, or home care services.
Home modification and care expenses – This can include installing ramps, widening doorways, adapting bathrooms, or purchasing specialised furniture or equipment. The cost of home care services or family members’ time spent caring for you can be included in your compensation claim.
Pain, suffering and loss of enjoyment of life – You can claim compensation for the pain and suffering you have endured as a result of your injuries, as well as any psychological trauma, such as depression, anxiety, or post-traumatic stress disorder (PTSD).
The severity of your injuries – More serious injuries, such as spinal cord damage, traumatic brain injuries, or amputations, result in higher compensation amounts due to their long-term impact on your life and the extensive medical treatment required.

Our forklift accident claims solicitors will consider all aspects of your claim, from the immediate financial impact to the long-term consequences on your health, career, and personal life.

Why Watermans?

Why should I choose Watermans to pursue my claim?

Watermans make legal services look and feel easy so people can move forward in life.

We act only for people who have been injured in an accident, and never for the at-fault party nor insurance companies who defend these cases.

Our expert team of forklift accident solicitors is committed to doing everything to make the claims process straightforward for our clients following an accident. We take the hassle from you and fight each case to secure the maximum level of forklift accident compensation.

We also provide access to a range of additional services, such as physiotherapy and psychological treatment, to ensure you recover from your injuries as soon as possible and get your life back on track.

Expert Personal Injury Solicitors in Scotland

Our expertise in personal injury covers a wide range of areas, including accidents at work, public liability claims, road traffic accidents, fatal and serious injury claims and cases relating to child and historical abuse.

We represent thousands of clients throughout Scotland each year, securing millions of pounds in compensation for our clients. We work on a no-win, no-fee claim basis, which means that if your forklift accident claim is unsuccessful, you won’t end up out of pocket, reducing any financial risk or burden for you.

Forklift Injury Claims - FAQs

What should I do if I've been involved in a forklift accident at work?

If you’ve been injured in a forklift accident at work, the first step is to see a doctor, even if your injuries seem minor. Inform your employer or health and safety executive about the accident and ensure that it is properly recorded in the accident book.

Gather any other evidence you can, such as photographs of the scene and witness contact information. Finally, contact our forklift or warehouse accident solicitors, who have years of experience handling personal injury cases, like forklift truck injury claims, and we’ll discuss your options and ensure your rights are protected.

Can I claim compensation if I was partly at fault for the forklift accident?

Yes, you may still be able to claim compensation even if you were partly at fault for the forklift accident. In cases of contributory negligence, your compensation or interim payments may be reduced by a percentage that reflects your level of responsibility for the accident.

However, this should not stop you from claiming compensation, as you may still be entitled to substantial forklift injury compensation for your injuries and financial losses.

How long do I have to make a forklift injury claim?

In most cases, you have up to three years from the date of the forklift accident to raise a court action or to have settled a claim. However, there are some exceptions, such as when the injured person is a minor or lacks mental capacity. It’s best to seek legal advice as soon as possible to ensure you don’t miss the deadline for making a forklift truck accident compensation claim.

Will making a forklift accident claim affect my employment?

It’s illegal for your employer to dismiss you or treat you unfairly for making legitimate forklift truck compensation claims for forklift accidents at work. If your employer retaliates against you for pursuing a claim, you may have grounds for an additional unfair dismissal or discrimination claim. Be aware that there are short time limits to make a claim for this.

Many employers have liability insurance to cover the cost of workplace injury claims, so your forklift truck claims should not have a direct financial impact on your employer. However, insurance companies often work in favour of the employer to minimise payouts. At Watermans, we work tirelessly in our clients’ favour to maximise compensation and ensure you receive the support you deserve.

How long does a forklift truck accident claim take to settle?

The time it takes to settle a forklift truck injury compensation claim will depend on how complex your case is, the seriousness of your injuries, and whether liability is disputed. Straightforward cases where liability is admitted may be settled within a few months.

However, more difficult cases or those involving serious injuries can take longer, sometimes even a couple of years. Your forklift claims solicitor will keep you informed throughout the process and work to secure compensation for you as quickly as possible.

Will my forklift accident compensation claim go to court?

Most forklift truck accident compensation claims are settled out of court through negotiations between your solicitor and the defender’s insurance company. This is often the preferred option, as it can be quicker, less stressful, and more cost-effective than going to court.

However, if the defender disputes liability for your forklift accident or disagrees with the amount of compensation you are claiming, your case may need to go to court. In this situation, our expert legal team will represent you and present evidence to support your forklift accident claim before a judge, who will decide on the outcome of your case.

How should my employer keep me safe from forklift accidents?

It’s part of your employer’s legal responsibilities to ensure your safety and protect you from forklift accidents in the workplace. According to the Health and Safety Executive (HSE) and work equipment regulations, your employer must:

Provide a safe working environment, adequate training, and personal protective equipment (PPE) for forklift operators.
Ensure proper training is provided for forklift driver safety, including:
- Comprehensive operator safety advice and training in accordance with national accident law and HSE guidelines.
- Both basic training and ongoing refresher courses to ensure forklift operators are competent and aware of potential hazards.
Be aware that inadequate training or wrong training can increase the risk of accidents. If a forklift accident occurs as a result, the company may be held liable for any injuries or damages that occur.
Ensure that all forklifts are properly maintained and in good working condition, as poor maintenance can lead to malfunctions and accidents. Regular inspections and servicing are crucial.
Take your health and safety rights seriously and promptly address any issues if you raise concerns about forklift safety in your workplace with your employer or safety representative.

If your employer failed to meet their legal obligations regarding forklift safety, they can face serious consequences.

Ready to make a forklift accident claim in Scotland? Request a callback from Watermans to start the process for your forklift accident claims today.

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