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Forklift Accident Claims

Warehouses are a particularly hazardous working environment and forklift injuries are relatively common and can be very serious. Many severe forklift injuries are the result of pressure being applied to drivers to work more quickly than is safe and thus overloading the forklift or driving too fast, leading to the machine tipping over. Alternatively, a noisy environment can mean that workers are unable to hear an approaching forklift and are unable to avoid being struck by it. 

Almost all forklift accidents occur at work and your employer must be able to prove that they had taken every precaution to keep you safe. If you have been involved in a forklift accident, call us on 0121 565 4317 or fill in our online claims form to discuss your case and find out whether you are able to make a forklift accident claim.

How Do I Make A Forklift Accident Claim?

Making a forklift accident claim is similar to making any other personal injury claim, although it can be made slightly easier by the statutory duty of care that your employer has for your safety. This means that your employer is legally required to look after your health and safety. Because they have this duty of care, it can be easier to prove that they were responsible (this is known as proving liability) than if the accident had taken place in a public place or some other circumstance.

  • 1. The first step in making a no win no fee forklift accident claim is to call us on 0121 565 4317 or fill in our online forklift accident claims form. We will then discuss the details of your case and find out whether we are able to offer our services on a no win no fee basis. If we are not able to offer this, we will discuss alternative funding methods with to ensure that you are still able to get the help you need in a way that is affordable.

  • 2. Once you have signed an agreement with us, we are able to act on your behalf. We will write to your employer informing them that you are making a forklift accident at work claim. We will ask them to accept that they were at fault and give them a deadline by which they will have to respond. It is worth remembering that all employers are required by law to have insurance to cover any accident at work injuries, so your employer will not be making your compensation payment out of their own pocket. This can make it easier to encourage them to admit liability.

  • 3. If your employer (or their insurance company) does not accept liability, we will set about gathering evidence that your forklift accident at work was the fault of your employer. This could be through getting photos of any faulty equipment, obtaining witness statements or evidence from your colleagues and workmates that safety equipment or training was missing or insufficient and in some cases by seeking written reports from industry experts as to the accepted safety practices within your specific industry. In most cases, once they have been presented with the collected evidence, employers will accept their liability. If not, we may need to go to court to obtain the compensation you deserve, but this is unusual.

  • 4. Once your employer or their insurance company have accepted liability for your forklift accident, we will conduct negotiations on your behalf to agree the amount of compensation you will receive. Although we will deal with all of the correspondence and conversations, you are completely in control of this process. We will pass on all offers made by the other side, and give you an honest opinion based on our years of experience as to whether the offer is fair or not. Often, the insurance company will make a very low offer as their first offer, partly to see whether you will accept it and also to set your expectations lower than you might have been thinking. This is known as a lowball offer. It can be difficult to know how much compensation is fair and reasonable, but we will give you impartial advice throughout the negotiations. Although we are advising you, the final decision as to whether to accept an offer of compensation or not will always rest with you.

If your employer does not accept liability or if it is not possible to agree on an amount of compensation, you may need to go to court to put forward your case. This is very rare, but if you are unlucky enough to find yourself in that position, we will be with your throughout, offering advice, support and assistance.

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How Much Compensation Will I Get For My Forklift Accident Claim?

All compensation payments are comprised of two parts. The first part deals with the injury itself. The Judicial College sets out national guidelines to enable claimants (such as yourself) and those responsible for the accidents (if you were injured at work, for example, this would be your employer) to know how much compensation is reasonable for a particular injury. These ranges can be very wide, however, to ensure that the compensation you receive reflects the individual nature of your accident. Our expert team of personal injury claims solicitors have extensive experience interpreting these guidelines and will be able to give you a clearer estimate of how much compensation you might expect for your forklift accident injury.

The second part of any personal injury claim is that you must be compensated for any expenses or financial losses that you might have suffered as a result of your accident and injury.

The principle behind compensation is that you should be left in the same position as you would have been in had the accident and injury not occurred, or at least as close as possible to that. If you have been injured in an accident that was not your fault, you are able to claim the costs associated with your accident, your healing and any adaptations you may have had to make to your home and lifestyle as part of your compensation payment. This might include additional transportation costs if you are temporarily unable to drive and loss of earnings if you are not able to work while you heal. If it is unlikely that you will be able to return to your former career, you may also be eligible for loss of future earnings.

Won’t Making A Forklift Accident Claim Get Me Fired?

Many people are concerned about making a forklift accident claim because they are worried that they might lose their jobs or otherwise be punished at work for their claim. Others are concerned that their claim may make things difficult for the company financially and potentially even lead to the company having to shut down. Whilst both of these worries are understandable, there are legal measures in place to ensure that you don’t need to worry.

It is illegal for any employer to fire or otherwise punish an employee for making a personal injury claim as a result of a work-related accident. If your employer were to attempt retribution towards you for claiming the compensation you are entitled to as a result of your forklift accident at work, they would open themselves up to a further claim and even greater compensation payments. This is not to say that employers will never try to do this, but there are legal mechanisms in place to protect you and very few employers would even consider it. You don’t need to worry that your job might be at risk if you make a claim.

The second concern is for the welfare of the company. Under British law, all employers are required to have employers liability insurance, which covers them for any accident at work claims you might bring. This means that the company does not need to find the money to pay your work accident compensation claim, as this will be paid out by their insurance company. The company will not suffer financially and you will receive the compensation you need and are entitled to.

In addition to getting you the compensation you need to get you back on track after your accident at work, making a claim highlights to your employer the ways in which they were responsible for your accident and the things they need to do to make sure that such accidents do not happen again. Often, employers do not take proactive measures to protect their staff, instead waiting until an accident has happened to realise that they need to change. In many cases, making an accident at work claim, such as a forklift accident claim, is the encouragement your employer needs to ensure that your workplace is safe for yourself and your colleagues in the future.

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What If I Can’t Afford To Make A Forklift Accident Claim?

We understand that legal fees can be very expensive, and we don’t believe that anyone should be barred from seeking justice for their elbow injury through a lack of money. As a result, we offer our services on a no win no fee basis to the vast majority of our clients. A no win no fee agreement means that you don’t have to make any payments up front and you will not have to pay a penny if we are unable to get you the compensation you deserve. Additionally, we want to make sure that you get the benefit of the compensation you are awarded. This means that we have capped our fees as a percentage of your compensation award, meaning that you will always receive the lion’s share of the payment. We want you to be able to get justice for the accident or injury that you have suffered without having to worry about the cost. This frees you up to concentrate on getting better while we pursue your claim.

Our expert team of personal injury claims solicitors are here to help with our free, no obligation consultation. This allows you to be in control of the process at all times. If you think that you might be able to make a compensation claim for forklift accident, call us on 0121 565 4317 or fill in our online forklift accident claims form.

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