Forklift Accident Claims – Get Compensation If You’re Injured By A Forklift

By Ian Morris | Updated June 22nd, 2023

48 questions have been answered on this subject - ask us your question

Forklift trucks are a common feature in personal injury compensation claims. Their size and weight, coupled with their speed and the type of environments they’re used in, means that forklift accidents tend to be serious.

If you’re unfortunate enough to be injured by a forklift – either as a driver, a fellow employee or a site visitor – you may be within your rights to make a claim.

What type of forklift accidents can lead to a claim?
How do I know whose fault it was?
What should I do after a forklift truck accident?
What type of compensation could I be due?
Let us help
Comments – your questions answered

What type of forklift accidents can lead to a claim?

Forklift truck accidents can take many forms. Every case is different, but the basic rule is this: if you’ve suffered an injury as a result of someone else’s mistake or negligence, you are entitled to make a work accident claim.

In our many years of dealing with forklift truck-related claims, these are some of the common scenarios that can lead to compensation.

Forklift running over someone’s foot
Careless, reckless or high-speed driving
Colliding with another forklift truck
Colliding with and knocking over stacked warehouse goods
Forklift hitting or crushing an employee or visitor
Malfunctioning or poorly maintained forklift truck
Poorly stacked goods or pallets toppling over and injuring someone
Causing a collision on a road or public highway
Driving a forklift truck in adverse weather conditions

In all cases, including those not specified above, one of the key things to establish is responsibility for the accident. Whose fault was it?

How do I know whose fault it was?

There are strict regulations around health and safety in all UK workplaces.

Employers have a duty of care to take all reasonable steps to keep their employees free from harm. In the case of forklift trucks, this includes regular maintenance of the vehicle, adequate driver training, an appropriately designed space for the vehicle to be driven in, and use of protective barriers where practical.

As a result, all sorts of underlying issues can be the root cause of a forklift truck-related accident, including those listed below.

The driver involved is poorly trained or lacks the proper qualifications and license.
The space in which the forklift truck is being operated is too small, too hazardous, or too bumpy and uneven.
The truck has been dangerously overloaded and is carrying too heavy a weight, resulting in the vehicle tipping off balance.
The truck is being operated in an area affected by a dangerous spillage.
The truck lacks appropriate warning equipment, such as a reversing alarm and flashing lights.
The load is so great, and stacked so high, that the driver is unable to see clearly where they’re going.

Of course, even in workplaces that are well run, with safely operated forklift trucks, accidents can still happen. This applies whether you’re on a construction site, in a warehouse, on a commercial yard, or somewhere else entirely.

As such, it can sometimes be difficult to know whether an accident was someone else’s fault. At Direct2Compensation we’ll always be happy to talk through your own situation, find out more about what took place, and give you fair and honest advice about your rights after being injured at work.

To do this, it helps to have as much information as possible about the accident.

What should I do after a forklift truck accident?

If you’ve been badly hurt, it goes without saying that your first priority should be your own immediate wellbeing. This might mean on-the-spot treatment, but never delay in calling an ambulance or heading to the nearest Accident & Emergency ward if needed.

You should officially report the accident to your employer at your earliest opportunity. Try to make sure there’s a detailed written record of what took place, most likely in your employer’s Accident Report book. Where, when and why did the incident happen? Avoid signing an Accident Report that seems inaccurate, or which you haven’t had a chance to read in full.

Where feasible, you should try to take photos of your injuries, of the location where the accident took place, and of the aftermath. If this is impractical, always try to ask someone else. It can also be helpful to gather statements from any witnesses, to back up your version of events. Take the contact details of these witnesses if necessary.

If, for whatever reason, it has proved impossible to make a written report, or to gather any photographic evidence, don’t panic. A well-managed claim would still stand a chance of success – but be sure, in all cases, to keep a proper record of any medical diagnoses you receive as a result of the accident.

With serious forklift truck accidents, the report should also be escalated to the Health & Safety Executive (HSE). Under the HSE’s Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (known as RIDDOR), your employer is obliged to report certain serious workplace accidents to the HSE.

What type of compensation could I be due?

As with all types of compensation claims, accidents involving forklift trucks are evaluated case by case. Courts will try to determine the impact the injury has had on your life. Successful claims tend to have two parts: general damages and special damages.

General damages compensate you for the pain and suffering you’ve endured, as well as any loss of amenity, which covers your overall enjoyment of life. The court will take into account the severity of the injury, and the level of negligence of the third party.

Special damages compensate you for the impact the forklift injury has had on your working life. They cover things such as loss of earnings (including future earnings) caused by your injuries, as well as any other medical or transport expenses you’ve incurred as a result.

It’s vital that you can show these expenses, so always keep receipts for any hospital car parking tickets, petrol costs, taxi fares, rehabilitation or physio treatments, and prescription charges.

Let us help

Might you be in a position to make a claim for a forklift truck accident? You’re in safe hands with Direct2Compensation. Our advice is always honest, our claims process is transparent and effective, and you’ll have the peace of mind that comes with our no-win, no-fee approach.

To find out more, or to start your claim today, call us on 01225 430285. If you prefer, we can call you back.. After just a few minutes on the phone, we’ll have enough information to allow our solicitors to get your claim started.

48 questions have been answered on this subject - ask us your question

Comments & Questions

Read on for questions and advice about claiming, plus forklift truck injury claim examples...

My son in law was knocked over by a forklift truck in April 2021 and his left foot was pinned between the forklift and a pallet which was propped up against a shelf unit. He had an operation to close the wound but he still can’t walk and his whole leg is wasting away as he can’t put his foot on the ground and has to use crutches. His employer has paid him full pay so far. He’s back at work part time in the office and working from home the rest of the time. Would he be able to make a claim?

We would be very happy to help your Son in law pursue his claim and it would seem that he has a valid and robust right to take action and make a claim after his accident at work. Notwithstanding the fact that he has received full pay so far (which is really helpful to him), there will come a point where the employer reviews this and given the severity of the injury and the ongoing limited recovery, the prospects of a life long impact on earning capability is very real. As such, the only way to protect himself from this risk is to make a claim for personal injury compensation. As almost 12 months has now passed since the initial injury, it would be very wise to get moving with the claim at the earliest opportunity as the longer it is left, the harder it can be to obtain the relevant evidence and build a water-tight claim. It is very obviously a serious injury with permanent consequences and making a claim is not only a legal right, but a moral right in this circumstance.

I work in a manufacturing warehouse. A pallet truck was parked improperly behind my desk, so when I turned around I tripped over the forks of the truck and severely sprained my ankle. I had to take 4.5 days off, which they didn’t pay me for. I filed an accident report and an internal investigation was conducted and corrective action taken. All parties admit the company is at fault for not enforcing health and safety rules. the accident was captured clearly on CCTV. I have asked my line manger, the health and safety manager and the technical director to be paid but so far I’ve been totally ignored. I am struggling without that money. What can I do?

Sadly, the only way you can recover the lost income (pretty much a weeks salary in your case) is to pursue a claim for personal injury compensation. Employers in the UK are not legally obliged to cover staff salaries when they are off work – even when they’re off as a result of a non-fault accident at work. Therefore, unless you have a contractual agreement with your employer that affords you a period of sick pay, you will only receive SSP if you qualify for that benefit.

As your injury can be attributed to employer negligence, it would seem that you have a very strong case and one that our Solicitors would be very confident of succeeding with for you. Your claim would be made against the employers mandatory insurance cover rather than against the employer itself and your colleagues would not even know that you had made a claim if you were to do so.

We would like to help you to recover your lost salary and also obtain a compensation settlement for the pain and distress caused to you by your ankle injury and for the longer term impact that the injury would have had on you even after you were able to return to work.

If I didn’t have my seatbelt on while driving a forklift, but was thrown from it and it ran over my leg and ankle crushing them, is the employer still liable for my injuries?

You can still pursue a claim for personal injury compensation if you believe that the cause of your injury can be attributed to negligence – whether that be against your employer or another party. As you were not wearing the seatbelt whilst driving the forklift, you probably weren’t following company policy. As such, you may be forced to accept that you played a part in the severity of the injuries that you have sustained. This is known as contributory negligence as the defendant insurers would likely argue that the seat belt would have prevent you from suffering such serious injuries to your leg and ankle.

I hurt my left foot under a forklift. I was sitting on the side on the body and on the seat was another guy my co worker. I hopped off and he turned at the same time and my foot come under it. I called my boss to pay me, he said no, is there any other way to get paid because am injured and can’t walk or earn for my family or my self no money at the moment at all?

As you were injured in an accident at work, there is a possibility that you could pursue a claim for accident at work compensation, which if successful, would enable you to recover compensation for your injury and recover your lost or unpaid income.

If you would like our help in making a No Win No Fee claim, please provide more information via the start your claim page of our website so that we can further investigate this matter for you.

Hi, I have been squashed by a forklift and been diagnosed with damaged muscle tissue in the back and leg.

Our Solicitors can help you claim compensation for your injuries and also recover any loss of wages or incurred costs caused by your accident.

I made a claim with a solicitor after I had an accident in a factory. The lorry bumped in to me when I was driving the forklift. My solicitor said they can’t get answers from the factory insurance company and said that they have 3 years to get back us?! But before they told me that they had 3 months to respond. How can this be right?

I think you may be mistaken or have misunderstood your Solicitor and you should check with them again. In usual circumstances the period of time afforded to a defendant to respond to a claim is around 3 months. If the defendant doesn’t respond, a Solicitor will issue a further deadline and if that deadline is again missed and the defendant continues to be uncooperative, your Solicitor would issue court proceedings to compel the defendant to respond and cooperate with the claim.

I have a question. l have been driving a forklift for ten years & I now have back, neck, shoulder knee and feet pain – which are risk factors. Is my work place at fault for my injuries due to years of driving?

Establishing causation – a causal link between your work and the injuries you mention is likely to be an issue in making any claim in this situation. Has your employer provided the appropriate training for you to work safely? Have you seen your employers risk assessment for the work you do? We would like to know more about your employment and the working environment.

Hello, I’m in need of a professional opinion and am not sure if I have a potential claim. On December the 14th I was involved in a accident at work within a 20ft container. There was a double stacked pallet of tubes which roughly weigh 300kg to 400kg each. The top pallet was ever so slightly over hanging and leaning inward which me and my collegue was aware of. When lifting and trying to move the double stacked pallets with a pump truck they wouldn’t budge. My colleague who was on the Forklift decided to assist me with trying to move the pallets. He managed to free the double stacked pallets by putting the forks under the pump truck slowly lifting it whilst gently reversing. At that time I was assisting him in guiding the stacked pallets closer to the edge of the container as I was pushing onto the top pallet to keep it balanced whilst being only partially on the forks. When it came to gently putting the pallets down, because the pump truck was raised, the slightly leaning pallet shifted towards me and pinned my left hand against my shoulder and the container wall. Luckily I wasn’t severely injured or pushed out of the container as it was still attached to a trailer. I do have an injury due to being pinned and my doctor says it sounds like I could have a damaged tendon. During the Risk assessment meeting the health and safety officer stated that there wasn’t enough procedures or safety policies put in place to stop accidents like this happening especially within a container. They do have a ramp on the goods out site which usually gets used for off loading container work. But this occasion to save time and extra work moving the pallets to a storage warehouse they opted to unload it at that site using a pump truck and a forklift. I am currently off of work due to back/shoulder pain and I’m not sure how long I’ll need to recover. I’m also not sure where I stand with this in context to claiming. Thanks

My initial view is that you have a valid claim and one that you should pursue further with our specialist Solicitors. Whilst the employer hasn’t set out to cause you injury, employers are obliged to ensure that the risks of injury in the workplace – such as the one you have sustained – are minimised. In this instance, their Health and Safety officer has admitted that the employer has failed and not had the appropriate policies and practices in place.

Many people injured in an accident at work are anxious about making a claim against their employer and worry that making a claim could get them the sack. These concerns, whilst understandable should be ignored. As long as you are acting legitimately – which you clearly are and your employer has investigated the accident and effectively admitted fault, you have nothing to be concerned about. You are legally entitled to make a claim against the employer in such circumstances and the claim is made against the insurance that they are obliged to have. Therefore, the company isn’t damaged by your claim and no colleagues will face disciplinary procedures for your accident or your claim.

I was hit by a pallet truck/forklift in work on the 24/11/2020 around 12.45am. At the time of the incident getting hit was sore but I thought it was more shock so I continued on with my shift. I had a sore head before the accident so took paracetamol on my break (1am). It wasn’t until later on around 4.30/5am that my shoulder started to get sore. I then attended a&e the next day as when I got up my shoulder was really sore and I couldn’t move it. I was told by the hospital that I’ve torn ligaments in my shoulder and need to take 2weeks off work, i was given medication and exercises to do. I am wondering what pay I’m entitled to. Also I was never asked to fill out an accident form which at the time never came into my head.

Wether or not you are entitled to sick pay will depend on your contract of employment. The law in the UK does not compel employers to pay sick pay to staff, with the statutory requirement being covered by statutory sick pay – if you qualify for that.

If you don’t receive sick pay, you can recover any loss of income or other incurred costs by making a claim for personal injury compensation. Given the nature of your accident and how you came to be injured, we feel that you have a robust claim for accident at work compensation.

I work for a company in a warehouse yesterday I was hit from behind when I forklift truck came round the corner not beeping and being driven by someone without a license or training it did not stop instantly and I was stuck on the forks for a short distance I cut my arm and have done ligament damage to my angle and on crutches and need to go back to hospital in 2 weeks for another scan. I have been into work today to write a statement but feel pressured as they say the drive can go to prison even though they knew he drives it and they let him could really do with some advice as I feel they are putting me in a awarded situation so I don’t do anything about it

You certainly shouldn’t agree to a report that is not accurate and if the report in anyway makes the potential to attach liability (which is currently clear and obvious) more ambiguous and difficult.

We would be very happy to help you make a claim against the employers insurance for the painful injuries you have sustained. Given the injuries you have, it is clear that you will require some time away from work. As such, your employer is obliged to report the accident to RIDDOR and it should be investigated fully.

You can make a claim against your employers insurance with the help of our specialist Solicitors. The claim does not directly impact on the business or any colleagues and won’t jeopardise your right to continue with your job once you have recovered.

This is a situation you should seek specialist advice and guidance on at the earliest opportunity.

I had and injury at work las December with a fork lift truck at work. It hit me and I hurt my knee which took me out of work for 6 weeks and has now left me with an unstable knee with onset of arthritis. I’m stuck in two minds wether to make a claim

You can make a claim without jeopardising your right to continue with your work, without damaging the business or impacting any of your colleagues. Any claim for an accident at work would be against the insurance of the employer. You would not think twice about claiming against someone’s car insurance if they were to damage your car in a collision and you should see claiming for injuries that are not your fault in the same light.

You have sustained a painful injury that is still affecting you and has clearly caused an early on-set of age related degeneration. As such, you have every right to pursue what would appear to be a valid claim for compensation.

We would be more than happy to help you with your claim or discuss with you how the process works and what you should expect.

Whilst walking in a warehouse aisle, a forklift driver accidently pushed multiple boxes off high racking weighing 15kg each from approx 15 foot high on to me. These hit me on the head, face, back and shoulder. I have been suffering with the injuries for 9 months and still in back pain and off work. Am i able to claim for this?

You are certainly able to make a claim for the injuries you have sustained in this accident at work. We would be very happy to help you make your claim for personal injury compensation.

My husband was on the job, another employee was not paying attention (A temporary employee) and back into him with a forklift, causing the tire to land on top of his foot, pinning him into the warehouse takes. Also causing injuries to his shoulder. His employer trying to make him feel guilty so, now he’s back to work and in alot of pain. Does he have a claim?

Your Husband has every right to make a claim for personal injury compensation. We would be very happy to help him make a claim. If your Husband is unsure about making a claim, he may want to have an informal discussion with us to find out a little more about the process and gain an understanding of his rights. We would be very happy to chat with him regarding his injuries and the incident at work.

I work at a place where i can smell alcohol in the supervisors breath everyday, i feel stressed and worried because he also drives a forklift at work, what can i do?

You should make a confidential disclosure of your concerns to your line manager. If your suspicions are proved correct, there is a clear risk to the health and safety of your colleagues and your employer needs to address that matter seriously.

I got hit in the back and neck by a rack caused by a forklift driver, the racks are a foot away from my work space and we have to grab parts off the racks.

The working area you describe could be something that puts your employer in a position of negligence as to only allow 1′ (30cm’s) between the racks and your workspace would seem to be a recipe for disaster.

You should ensure that the injury you suffered is recorded correctly with your employer in their accident book and if any symptoms persist for more than 2 weeks, you should contact us to start your claim.

If a work mate has run me down whilst driving a forklift and I am to claim loss of earnings due to being off work. Would I claim against the employer or the employee?

In the accident at work scenario you describe, any claim would be made against the insurance held by your employer, rather than the employee. If you would like to find out more about pursuing a claim for compensation and discuss your concerns about claiming against an employer with us, please call us on 01225430285 or use our website to request that we call you.

Employer is running a propane forklift in the building where we work and there is no ventilation or air exchanger. I already once ended up in the emergency room with carbon monoxide poisoning …. and he still continues to run the propane fork lift in the building after several attempts of telling him not to do so. I am concerned of the long term affects of continued affects in my health.

Make sure your concerns are addressed to the employer in writing so that you have evidence to prove that you have made such a warning and report. You could also make contact with external agencies such as the Health and Safety Executive too.

I was stood next to a forklift truck at work in a extremely noisy environment as to where i couldn’t hear the truck running, the driver set off with the wheels on full lock which then the truck swung round and drove up my leg and stopped below the kneecap. I was rushed to hospital with compartment syndrome and operated on immediately, i broke my leg in 4 places and had to have a skin graft and also had to have my tendons and ligaments reattached, and had 4 blood transfusions. I was in hospital 3 weeks and now at home unable to work, i also am unable to move my foot and have no feeling at present due to possible nerve damage which may need further surgery. I have also heard different stories that the driver has no licence and the investigation at work was only internal, where as i think is should have been external HSE. I believe that my work may try to cover it up, i am unsure it went in the accident book, do i have a right to put a claim in as my consultant stated i may have further complications later on in life?

You describe a clearly serious workplace injury and a nasty accident at work. Given the severity of your injury, it is very likely that you will suffer long term complications from your injury and possible that you may never fully recover. As such, doing anything other than attempting to claim compensation by way of a claim for accident at work compensation against your employer and their insurance.

You are right in stating that an accident at work with such serious injuries at the centre of it, MUST be reported to the HSE and to RIDDOR by the employer. If they have not already done so, you should contact RIDDOR yourself to make them aware. This could well protect your interests going forward.

I would imagine that an Ambulance attended the scene of the accident to take you to Hospital for emergency medical treatment? If so, the Ambulance service will have important records that can help to provide further evidence to support any claim you may make.

We would be very willing to support you and attempt to pursue your claim for compensation on a No Win No Fee basis. Should you wish to take this further, please call us on 01225430285 or use the ‘start a claim’ page of our website and we’ll help you to understand the claims process and what rights you have after being injured in an accident at work.

Hi I recently had an accident at work, where the forklift driver pushed a big stil full of metal parts. And it crushed me againist a drill bench, I worked the remaining part of the week and the following week, even though I was in a lost of pain, and very distressed as they recently laid my partner off work, so financially I felt obliged to work. I’ve now been to the hospital, and be diagnosed with fractured coccyx so I’m currently off work with serious pain and limited movement. Do I have grounds for a compensation claim, as I feel it was there fault, and there wasn’t any safety involved? Many thanks.

You definitely have a valid claim in this matter. For the forklift driver to knock an item over and push it in to you indicates that they have made a mistake. As such, you have every right to make a claim.

I am a supervisor at a warehouse job . We have several department heads with the same supervisorial status . One of the supervisors from another department has had several incidents , forklift related , in the last month . There has been no action taken , as they are the supervisor/ operator . Yesterday , the supervisor was involved in an incident , leaving a temp. worker with 2 painfully injured fingers . I have had enough . I am hearing comments of discontent from the workers throughout the entire facility of this supervisor being allowed to carry on with no consequence . Is it my right to demand a copy of the accident report , as I wish to see if the person responsible has indeed taken responsibility . I fear that incidents like this are ‘swept under the carpet ‘ as the supervisor has a favoured status with the operations manager , who oversees us as a whole ?

In the UK, there is no right for employees to demand sight of an accident book record that does not relate to an incident in which they were not injured. In cases like the one you mention, it would be wise to ‘whistle blow’ and bring in an external regulatory authority to investigate the Health and Safety management in the workplace. In the UK, you could seek the services and advice of the Health & Safety Executive (HSE) and remind the employer of their obligations under the Health & Safety at Work Act.