Play

Forklift Accident Solicitors — Scotland

Operating a forklift truck comes with inherent risks, which is why proper training is a legal requirement. However, workplace accidents can still occur due to an employee or employer’s negligence. If you’ve been injured in a forklift truck accident at work, our forklift accident solicitors can help you claim compensation. 

Claims Calculator Start your claim

Straightforward Experience

"I have had a thoroughly straightforward, hassle-free experience. I was kept informed every step of the way, without query, about the progress of my case."

J Logan, Personal Injury Claim

The Short of It 

  • If you have been injured in a forklift truck accident in the last three years that wasn't your fault,

    you may be entitled to claim compensation. 

  • Injuries can occur while operating a forklift

    or simply being in the vicinity of improperly used machinery.

  • Watermans expert personal injury solicitors are here to help you

    claim rightful compensation for your forklift truck accident so you can move forward in life.

  • Everything we do at Watermans

    is about getting you the resolution you need and providing straightforward legal advice. It should be that simple.

    • The Long of It

    Forklift Truck Accidents

    Forklift truck accident claims

    Workplace accidents involving forklift trucks are unfortunately common in the UK. It’s not just forklift truck drivers who are at risk of injury — workers and pedestrians nearby can also be injured due to improper forklift operation, insufficient training, or unsafe working conditions. An additional hazard involves pedestrians struck by loads from improperly secured pallets, which can cause severe injuries.

    Forklift accidents can occur for various reasons, many of which are preventable with the right safety precautions. Some accidents occur due to operator error, such as poor driving or failure to adhere to safety procedures.

    In Scotland, any person operating a forklift truck vehicle, including reach trucks and side-loader forklifts,  must undergo safety training. Employers have a responsibility to ensure that the person they are hiring to operate the forklift has the required training and certification to do so. Neglecting this can increase the risk of a forklift truck accident. Failure to properly train delivery drivers who observe forklift operations can also contribute to workplace injuries.

    Injuries sustained from a forklift accident can be severe, affecting both you and your loved ones. Beyond the physical pain and emotional distress, you may also face a loss of earnings due to being out of work for recuperation.

    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 types of injuries involving a forklift include:

    • 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, often requiring 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 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 result in limbs being severed or so badly damaged that surgical amputation is necessary. Losing a limb is a life-changing event that can significantly 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 workplace accident within the last three years, 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 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 used.

    To make a successful claim, it is important to show that the accident was due to someone else’s negligence. This can be due to the actions of another employee or inadequate training failure from an employee. This negligence can take many forms, and forklift truck accidents can occur in various situations, including:

    • A lack of training or licensing from the operator
    • If the forklift is carrying an unsuitable load or the truck operation is on an uneven surface
    • Reckless driving may lead to a forklift collision with a person on the premises
    • If the load being carried by the forklift falls onto a person
    • Poorly maintained or defective machinery
    • Lack of proper safety measures or risk assessments
    • Poor training and safety procedures

    If you’re unsure whether you qualify for a forklift accident claim, speak to one of our forklift accident injury lawyers from Watermans. We offer free initial 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 suffered an injury and loss of earnings due to a forklift truck accident within the last three years, it’s important to speak to one of our dedicated personal injury solicitors for expert guidance.

    To ensure your personal injury claims are successful, it is important to follow the steps below:

    1. Get medical attention: Seek medical attention immediately. This ensures your injuries are documented, which is vital evidence when making a forklift accident claim.
    2. 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 streamline the process.
    3. Contact Watermans: Our expert solicitors specialise in forklift truck accidents and can offer you straightforward legal advice. With our no-win no-fee policy you don’t pay any solicitors fees unless we win your case.We will gather as much evidence on your behalf to strengthen the case. This may include medical records, photographs of the accident scene, witness statements, CCTV footage, and any other relevant documentation such as maintenance records or training certificates.
    4. Focus on your recovery: Recovering from a forklift truck injury can be painful and upsetting, both physically and emotionally. Adjusting to this new way of life could mean that you require long-term medical care or need adaptations made to your home. Whether it’s a minor injury or several serious injuries, our forklift injury lawyers will take into account any long-term care needs or lifestyle changes when making your personal injury claim.

    We’ll take care of securing maximum compensation for your injuries while you recover. 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, the compensation amount will vary based on the specifics of the case. In the event 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, hospital stays, and 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, whether temporarily or permanently, you can claim compensation for lost wages. This includes future lost earnings due to a reduced earning capacity caused by your injuries.
    • 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 physical pain and suffering you’ve experienced, 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 care required.

    To ensure you receive maximum compensation, our forklift accident claims solicitors will take all factors into account, from immediate financial losses to long-term effects on your health, career, and personal life.

    Why Watermans?

    Why should I choose Watermans to pursue my claim?

    At Watermans, we believe expert legal advice and support should be accessible to everyone. We’re dedicated to making legal services simple and transparent so people can move forward in life.

    Our expert team of forklift truck accident solicitors are dedicated to making the claims process straightforward for our clients. We take the hassle off your hands, fighting each case to secure the maximum 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

    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

    The first step is to see a doctor or medical expert immediately, even if your injuries seem minor. Then, inform your employer or health and safety executive about the accident and ensure 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 accident lawyers, 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.

    Yes, you may still be able to claim compensation even if you were partly at fault for the 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. Our personal injury lawyers can advise on the best course of action as soon as we have a better understanding of your claim.

    In most cases, you have up to three years from the date of the forklift accident to raise a court action or settle 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 advice from legal experts as soon as possible to ensure you don’t miss the deadline for making a compensation claim.

    It’s illegal for your employer to dismiss you or treat you unfairly for making a compensation claim. If your employer retaliates, you may have grounds for an additional unfair dismissal or discrimination claim. Be aware that there are short time limits to a claim for this.

    Many employers have liability insurance to cover workplace injury claims, meaning your forklift truck claims should not directly impact your employer financially. However, insurers often prioritise minimising payouts in favour of the employer. At Watermans, we work tirelessly in our clients’ favour to maximise compensation and ensure you receive the support you deserve.

    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.

    Most 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 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.

    Legally, It’s your employer’s responsibility to implement safe working practices, protecting 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), such as hard hats and high-visibility workwear, 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.
    • Take necessary traffic precautions by designating specific traffic routes or segregating traffic wherever possible. This ensures that other vehicles can move around safely.
    • Conduct adequate risk assessments to identify and mitigate potential hazards, per the Management of Health and Safety at Work Regulations 1999. 

    If your employer fails to meet their legal obligations regarding correct safety procedures, they could face serious consequences.

    If the accident occurred due to a lack of safety regulations when you were off duty on the premises, you may still be entitled to make a claim. For instance, if the accident occurred during a break, your employer may still be liable for failing to ensure a safe environment at all times.

    If you are unable to pursue the claim due to the severity of your injuries, a power of attorney or a court-appointed guardian can act on your behalf to make the claim.

    A continuing or combined power of attorney may pursue your claim. It should be explicitly stated within the PoA document that they have a duty of care to manage legal matters, including compensation claims. The attorney must act in your best interest and may be supervised by the Office of the Public Guardian to ensure compliance.

    If you do not have a PoA and are deemed incapable of handling your affairs, your family may apply for a Guardianship Order under the Adults with Incapacity (Scotland) Act 2000. This grants them legal authority to manage your financial and legal affairs, including pursuing compensation claims. However, a guardianship order is typically used for long-term decision-making.

    For one-off legal decisions, such as pursuing a compensation claim, your family may apply for an intervention order instead. This provides temporary legal authority for a specific matter without granting broader decision-making powers.

    Your solicitor will be able to assist with the legal process and ensure that the claim is pursued in your best interests.

    Claim the compensation you rightfully deserve.
    Request a callback     from Watermans forklift accident solicitors to start the process for your forklift accident claim today.

    Get in touch with us

    Everything we do at Watermans is about getting you the resolution you need and making that process straightforward. Start the process by sending us your details below or calling us on 0131 555 7055

    Our personal injury claims expert

    “Making a claim for compensation can be such a daunting process for people, so I try to make it as straightforward and easy to understand as I can for them.”

    Susanne McGraw, Head of Personal Injury

    Related Help & Advice

    View all articles