If you were injured in a pallet truck accident at work because you’re employer breached their duty of care, you may wonder if you could make a personal injury claim. This guide will outline the criteria that need to be met in order to be eligible to seek compensation, the evidence you could gather to strengthen your claim, and how long you have to take legal action.
Can I Claim If Hurt In A Pallet Truck Accident At Work?
It also discusses the responsibilities your employer has with regard to your safety and welfare in the workplace, and the piece of legislation that sets their duty of care. You can also find examples of how an accident at work involving a pallet truck could occur if this duty is breached, as well as some of the injuries that could be sustained.
Our guide also discusses how accident at work compensation payouts could be calculated, and what they could consist of to address the way you have been affected by your injuries.
Finally, we discuss how a personal injury solicitor from our panel could offer different services to assist you in seeking compensation under a type of No Win No Fee agreement.
For more information about accident at work claims, please contact an advisor as they can offer free advice and answer any questions you might have. To reach them, you can:
- Call the number at the top of the page
- Use our live chat feature below
- Fill out our online form to contact us
When Can I Claim If Hurt In A Pallet Truck Accident At Work?
You may be eligible to claim personal injury compensation for a pallet truck accident at work if you can demonstrate three points:
- You were owed a duty of care by your employer at the time and place of your accident.
- This duty of care was breached.
- You experienced physical and/or emotional harm as a result.
These points can lay the foundation of negligence in a personal injury claim. If negligence can be proven, it may be possible to seek compensation.
The duty of care employers owe their employees in the workplace and as they perform their workplace duties is outlined in the Health and Safety at Work etc. Act 1974. This central piece of workplace health and safety legislation states they need to take reasonable and practicable steps to prevent harm to employees.
Additionally, the Provision and Use of Work Equipment Regulations 1998 places a duty on people, as well as companies, who own, operate, or have control over work equipment. It states that any equipment that is provided to be used at work needs to be, for example:
- Suitable for it’s intended use
- Maintained in a safe condition, as well as safe for use
- Operated by those who have had adequate training
If this duty is not upheld, and it causes you to become harmed in an accident at work involving a pallet truck, you may be eligible to make a workplace accident claim.
Is There A Time Limit When Making A Workplace Accident Claim?
Under the terms of the Limitation Act 1980, there is a three-year accident at work claim time limit. This starts from the date of the accident, typically. However, exceptions can apply.
For further guidance on the eligibility criteria for personal injury claims, and how long you have to seek compensation, please contact an advisor on the number above.
How Could A Pallet Truck Accident Be Caused By Employer Negligence?
Below are some examples of how a pallet truck accident could happen in the workplace:
- An employer might fail to ensure a pallet truck is safe for use, as well as regularly maintained. As a result, an employee uses one with a faulty wheel. This leads to the employee losing control of the equipment causing it to crash and fall on top of them, resulting in them sustaining a broken hand or crushed rib injury.
- Items could fall off a pallet truck and hit an employee if it’s overloaded. This type of accident could cause the employee to sustain several injuries, such as a head injury.
- A lack of adequate training on how to use a pallet truck could lead to a manual handling accident. For example, they use the wrong technique when moving the heavy equipment causing them to sustain a back injury.
Not every incident of a workplace accident leading to harm will form the basis of a valid personal injury claim. To find out whether you could be eligible to seek compensation for the injuries you experienced due to an employer breaching their duty of care, call our team on the number above.
What Compensation Could You Receive From Pallet Truck Accidents?
There are several factors that could be considered when calculating compensation for a workplace accident claim, including the severity of any injuries, the future prognosis, and the financial losses incurred as a result of your injuries. As such, settlements are calculated on a case-by-case basis.
Generally though, if your personal injury claim succeeds, you could be awarded compensation for the following:
- The financial losses you experienced due to your injuries. Compensation for this is awarded under special damages. Costs you could claim back under this head include loss of earnings, domestic care expenses, and travel expenses. Evidence, such as payslips, invoices, and receipts, can help prove any losses.
- The pain and suffering you experienced due to the injuries you experienced, both physical and psychological. Compensation for this is awarded under general damages.
Solicitors can use medical evidence, alongside the guideline compensation brackets from the Judicial College Guidelines, to help them value your injuries. We have used some of these figures to help create the table below. You should only use these figures as a guide, however.
Guideline Compensation Amounts
| Injury | Severity | Notes | Amount - Guidelines |
|---|---|---|---|
| Head | Moderately Severe | £219,070 to £282,010 | The person has a very serious disability, and will be substantially dependent on others. There will also be a need for constant care. |
| Head | Moderate (i) | £150,110 to £219,070 | An intellectual deficit that is moderate to severe in nature, with a change in personality, and an effect on the senses. There is also no employment prospect. |
| Back | Moderate (i) | £27,760 to £38,780 | Damage to an intervertebral disc with irritated nerve roots and a reduction of mobility. |
| Arm | Permanent And Substantial Disability | £39,170 to £59,860 | Serious fractures affecting one or both forearms causing a significant residual disability that is either functional or cosmetic. |
| Arm | Less Severe | £19,200 to £39,170 | A substantial degree of recovery has taken place or will be expected despite significant disabilities. |
| Wrist | Less Severe | £12,590 to £24,500 | A permanent disability is caused from injuries. These may consist of ongoing pain and stiffness. |
| Chest | Fractures Of Ribs | Up to £3,950 | Serious pain and disability over a period of weeks only. |
| Leg | Less Serious (i) | £17,960 to £27,760 | An incomplete recovery from fractures. |
| Leg | Less Serious (ii) | £9,110 to £14,080 | A simple femur fracture where there is no articular surface damage. |
| Hand | Serious Damage To Both Hands | £55,820 to £84,570 | Injuries causing a permanent cosmetic disability and a significant loss of function. |
For further insight into accident at work compensation, including how it’s calculated, and what you could potentially receive, please contact an advisor on the number above.
What Evidence Could Help Me Claim For A Pallet Truck Accident?
Evidence could help strengthen your pallet truck accident claim by showing that employer negligence occurred. As such, you may benefit from gathering:
- CCTV footage of the accident
- A diary of treatment and symptoms
- Copies of your medical records, such as X-rays or other test results
- Photographs of the accident scene or your injuries
- The contact details of any witnesses
The personal injury solicitors from our panel could assist you in gathering evidence to support your claim. This is one of the services they could offer, as well as ensuring your case is presented in full and within the relevant time frame. If you would like to work with them, please contact an advisor to find out more.
Should I Use No Win No Fee Accident At Work Solicitors To Make A Workplace Accident Claim?
The accident at work solicitors from our panel have experience handling claims for injuries sustained in a pallet truck accident. They can also provide their services in a No Win No Fee capacity. As such, they could offer you a Conditional Fee Agreement, which typically allows for the following:
- No upfront or ongoing fees to access the solicitor’s services.
- No payment for the work completed on your case if it fails.
After the completion of a successful claim, you will pay a percentage of your compensation to your solicitor as their success fee. This has a legal cap, however, restricting how much they can take.
For further information on when you could be eligible to have a solicitor from our panel represent your case, please contact an advisor. To do so, you can:
- Call the number at the top of the page
- Use our live chat feature below
- Fill out our online form to contact us
Learn More About Claiming For Pallet Truck Accidents
For more of our helpful guides:
- Find out about how compensation is calculated for a fall at work.
- Learn if you could be eligible to make a construction accident claim.
- Read about how to claim for a crane accident at work.
For more external resources:
- Health and Safety Executive – Machinery safety
- NHS – When to call 111
- GOV – Statutory sick pay
If you have any other questions about making a claim for a pallet truck accident at work, please get in touch with an advisor on the number above.
Writer Jeff Warden
Editor Meg Martin