In a forklift accident claim*, you seek compensation for the effects of a personal injury in an accident that was not wholly your fault. A workplace injury in a forklift accident can affect your life today and in the future. 

Under health and safety legislation your employer owes you a duty of care when in the workplace. If they breach that duty of care and you are in an accident involving a forklift, you may have a personal injury compensation claim*. 

You make the claim for a broken hand when in a forklift accident. You could have a crushed leg when the forklift tips over or suffer a serious head injury when the forklift collides with a wall. If you are in an accident involving a forklift, you may be able to claim compensation for the personal injury. 

Hughes & Associates personal injury solicitors in Dublin can make your forklift accident claim* for compensation.

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What is a forklift accident claim*?

A forklift accident claim* in Ireland is the legal process to get compensation for a personal injury in the workplace. You are the one injured when in a forklift accident, and you deserve compensation for the effects on your life. 

The compensation is for the personal injury, such as the crushed fingers, the torn muscles and cracked ribs, as well as the loss of income to the home and other damages from the forklift accident. 

The transport and storage industry, two sectors where forklifts are in constant use, is third on the list of injuries and of workplace fatalities in Ireland. According to a recent survey, over €1.3 million was paid out in compensation for accidents involving forklifts and similar vehicles in the workplace. The average payout for compensation was over €32,000, and injuries ranged from broken bones to soft tissue injuries. 

A forklift accident can happen in the warehouse where due care is not given to employees. The forklift accident could happen on the factory floor when the brakes fail due to a lack of maintenance. Some forklift accidents may happen due to a lack of training or a failure to employ a forklift driver. 

Hughes & Associates can look at the details of your case and help you make a forklift accident compensation claim.

Contact Hughes & Associates for help with your Forklift Accident Claim

Common construction accident claims

Commons claims for a forklift accident range from the crushed foot when the forklift hits a wall to the soft tissue injury following a forklift crash and the head injury when hit by a forklift on the factory floor. 

In a forklift injury claim, you seek compensation for the loss of income, the pain and suffering, and other losses and injuries due to the accident in the workplace. 

Some of the common forklift accident claims* in Ireland: 

A back injury in a forklift accident claim* can quickly happen to the driver. If the forklift is overloaded or unevenly loaded, it could jerk or jolt to the side, causing spinal injuries when the driver tries to move the forklift. 

Types of back injury in a forklift accident claim*: 

  • Spinal cord damage when the forklift stops suddenly
  • A herniated disc in the lower back from the forklift jolting
  • Back muscle strain when the forklift does not lift properly 

You could have a personal injury claim* for the back injury in the workplace. 

There are many moving parts in a forklift, and the driver or another employee may suffer deep cuts and scarring when working with a forklift in the warehouse. 

Severe cuts can occur if the forklift is not maintained properly or the safety screens are missing. 

Types of cuts and scarring in a forklift accident: 

  • Fingers get caught in the lifting mechanism
  • Cuts to the legs and lower body when caught on exposed sharp edges
  • Facial lacerations when hit by a turning forklift in the warehouse 

You can claim compensation for the effects of the cuts and scarring on your life. 

The soft tissue injury in a forklift accident could happen to the arms, legs and across the body. The driver of the forklift is exposed when working in the storage area or the warehouse, and an injury can happen in seconds. 

The forklift driver could be hit by boxes falling off the shelf, causing a soft tissue injury to the arms and legs. If the forklift accelerates suddenly, the driver could be thrown backwards and suffer head, neck and shoulder injuries. 

If the forklift is not maintained correctly, it could stop without warning, causing a soft tissue injury. 

Broken bones in a forklift accident could be from a crash with another vehicle or when the arms, hands or feet are in a crush accident in the workplace. 

A forklift accident can happen quickly and the driver can suffer a broken bone in the smallest of incidents in the warehouse. 

Broken bones in a forklift accident may be: 

  • Broken bones in the foot when the lifting mechanism drops on the foot
  • Broken hand when crushed by the forklift against the wall
  • Broken leg when thrown from the forklift 

A broken bone can take time to heal, and you could be off work for a long time with a loss of income to the home. 

Hughes & Associates can make your personal injury claim* for compensation when you are injured working with a forklift.

Who is at fault for a forklift accident in the workplace?

The employer is usually at fault for the forklift accident in the workplace. Every employer has a duty of care to employees, and if they breach that duty of care, resulting in an accident, then the employee may have a compensation claim. 

The Health and Safety at Work Act lays out to employers how to keep the workplace safe for employees. The health and safety regulations also make clear the responsibility of employees to follow safe work practices and to make the workplace a safe one for fellow employees. 

An employer can be responsible for a forklift accident when: 

  • The employer does not employ qualified forklift drivers

  • The employer does not maintain the workplace

  • The employer fails to service the forklift

  • The employer does not operate safe work practices

  • The employer does not offer proper training to employees who work with forklifts

A forklift accident can happen in the blink of an eye, but the fully trained employee driving a well-maintained forklift will avoid most accidents in the workplace.  The Health and Safety Authority has all the publications on how to prevent forklift accidents in the workplace. 

Hughes & Associates Personal Injury Solicitors can look at the details of your case and see if you have a valid forklift accident compensation claim.

Compensation for a forklift accident claim* in Ireland

Compensation for a forklift accident claim* in Ireland is for the injury suffered by the driver or other employee when involved in a forklift accident in the workplace. 

The compensation is for the damages suffered today and in the future. 

There are two types of damages in a forklift accident claim* in Ireland: 

General damages in a forklift accident claim* will see you compensated for the Loss of Amenity due to the head injury when hit by a box falling off the lifting forks or when the forklift stops suddenly and you wrench your back. 

You may have problems due to the injury, such as difficulty in walking, exercising or getting to work. 

You can also claim for the Pain and Suffering due to the injury you suffered in the forklift accident. 

Special damages in a forklift accident claim* are for the costs and expenses you will incur due to being hit by a turning forklift or when your hand is crushed in the exposed lifting mechanism. 

Special damages in a forklift accident claim* could be:  

  • Medical costs
  • Physical therapy costs
  • Loss of earnings
  • Travel costs 
  • Cost of care
  • Cost of aids and equipment  

A forklift accident claim* in Ireland combines the two damages due to the personal injury suffered in a workplace accident.

A successful claim could see you receive compensation for the injury in a forklift accident. The compensation you receive will combine the two types of damages.

How to make a workplace accident claim*

Any personal injury case, like for a hand crushed by the forklift in the warehouse or the head injury when the forklift topples over, can take time, but we can help you make a successful compensation claim. 

Our steps are designed to provide an efficient and effective way to make a forklift accident compensation claim. 

The first step to making any claim is to contact a personal injury solicitor. You can contact Hughes & Associates Personal Injury Solicitors today and outline the issues you have experienced.  

Taking a compensation case against an employer or contractor for a personal injury may be difficult, especially if you have worked for them over a number of years. 

We will take the time to understand your situation and build a professional relationship with you.  

You and your solicitor work together to create your compensation case.  

One of the main aspects of this step is to gather evidence. We will want to look at your medical records, workplace health and safety records, CCTV footage and any other accounts related to your case.  

The solicitor helping you with the case will know what areas of evidence to cover and what will help your case.

When the claim is complete, we can make your forklift accident claim* by sending a letter of claim to the Personal Injuries Resolution Board, PIRB, previously known as the Personal Injuries Assessment Board. 

The PIRB will assess your case and recommend a compensation payment, or they may reject your case. 

The solicitor or insurance company for the guilty party has several weeks to reply to the PIRB compensation claim recommendation. 

When a PIRB recommendation is accepted at this stage, the process of providing your compensation will begin.  

When a forklift accident claim* is rejected, or if you are not happy with the amount of compensation offered by the injuries board, we can begin court proceedings on your behalf. 

Court proceedings can be the next step if the defendant rejects the claim or you feel you should receive more in compensation. 

Court proceedings are rare, although your Hughes & Associates solicitor will be prepared. We may look to gather further evidence to support your claim when it comes to a court hearing.  

A forklift accident injury claim is often settled on the morning of the court case when the guilty party realises you are not backing down and they look at your evidence. 

When the court case is successful, compensation for the personal injury claim* will be paid.  

Hughes & Associates Personal Injury Solicitors will be with you from day one, and we can be your guide towards making a successful claim for compensation. 

How long do you have to make a forklift accident claim*?

You have two years from the day when the accident happened, or when you first knew about your injury, to make a forklift accident claim*. 

In cases when you only realise you suffered a personal injury after the two-year time limit, you may have what is known as a ‘date of knowledge’ clause. The date of knowledge is the date when you first became aware of the injury from a forklift accident. 

Your hospital consultant may diagnose the pain in your hand as being due to a crush injury and trace the cause back to a forklift accident that happened over two years ago. In this case, a date of knowledge is the date when the consultant diagnosed the injury. 

You have two years from the date of knowledge to make a personal injury claim*. 

It is essential to act promptly if you think you may have a valid compensation claim. Assessing an injury and gathering any evidence of the forklift injury is far easier when the accident is still fresh in your memory. 

Hughes & Associates Solicitors can help you make a personal injury claim*.

Make a personal injury claim* today

Make a personal injury claim* today by contacting Hughes & Associates Solicitors in Dublin. 

You could have a compensation claim if you were injured in a forklift accident in the workplace that was not wholly your fault. 

The broken arm, the crushed fingers and the head injury can affect you today and in the future, and you may have a forklift accident compensation claim. 

Contact Hughes & Associates Personal Injury Solicitors today for a confidential and professional service with your forklift accident compensation claim.

Contact the Hughes & Associates Team

    Phone
    +353 1 891 0020
    Email
    info@hughessolicitors.ie