Forklift Accidents: Causes, Liability, and Compensation

Quick Summary

• Forklift accidents can cause serious injury, including crush injuries, fractures, and in the worst cases fatalities, whether you were operating the vehicle or working nearby
• The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) require regular thorough examination of forklifts — at least every 12 months, or every 6 months if used to lift people
• PUWER 1998 requires forklifts to be suitable, well maintained, and used only by properly trained and authorised operators
• Liability isn't limited to forklift operators — pedestrians, other workers, and even the operator themselves can potentially claim, depending on what caused the accident

What causes most forklift accidents?

• Inadequate segregation of pedestrian and vehicle routes, leading to collisions
• Poor visibility — blind spots, obstructed loads, or poor lighting in the operating area
• Lack of proper training or authorisation — forklifts must only be operated by staff who are trained and certified for the specific type of truck
• Overloading or unstable loads, increasing the risk of tipping or dropped loads
• Poor maintenance, including brake, steering, or hydraulic faults that go unaddressed
• Speeding or unsafe operation within a warehouse or yard

What does the law specifically require for forklifts?

Forklifts are covered by two key sets of regulations:

• LOLER 1998 (the Lifting Operations and Lifting Equipment Regulations) requires that lifting operations are properly planned by a competent person, appropriately supervised, and carried out safely — and that the equipment itself undergoes thorough examination by a competent person at least every 12 months, or every 6 months where it's used to lift people (such as with a work platform attachment)
• PUWER 1998 (the Provision and Use of Work Equipment Regulations) requires that the forklift is suitable for its use, properly maintained, and operated only by someone with adequate training and authorisation

See our guide on PUWER and work equipment for more on this second set of duties.

Who can be liable for a forklift accident?

This depends on what actually caused the accident:

• The employer, where inadequate training, poor maintenance, unsafe site layout, or a lack of proper segregation between pedestrians and vehicles contributed to the accident
• The forklift operator, in some circumstances, if they operated the vehicle unsafely or without proper authorisation — though this doesn't necessarily prevent an injured operator or pedestrian from claiming against the employer for underlying system failures
• A third-party contractor or site operator, where the accident happened on a shared site controlled by a different business, such as a delivery yard

I was operating the forklift myself when the accident happened — can I still claim?

Potentially, yes. If the accident resulted from inadequate training, a fault with the vehicle that should have been identified through proper maintenance and examination, or an unsafe system of work — rather than simply your own error — you may still have a claim against your employer, even though you were driving at the time.

I was a pedestrian struck by a forklift — what should I do?

• Seek medical attention for your injuries as a priority
• Report the accident and ensure it's logged in the accident book
• Note the specific area and circumstances — was there proper segregation between pedestrians and vehicles?
• Ask whether CCTV footage exists and request it be preserved
• Get contact details for any witnesses

What evidence supports a forklift accident claim?

• The forklift's maintenance and LOLER thorough examination records
• Training and authorisation records for the operator involved
• CCTV footage of the incident, if available
• Photographs of the site layout, including pedestrian and vehicle route markings
• Witness accounts from colleagues who saw the accident

What compensation could I receive?

This depends on the nature and severity of your injury. Forklift accidents commonly cause crush injuries — see our guide on crush injury claims for how these are assessed — alongside fractures and other trauma, valued according to the specific injury sustained.

Frequently asked questions

What if the forklift hadn't had its required LOLER examination?

This is significant evidence — a missed or overdue thorough examination can indicate a broader failure to maintain the equipment safely, which is relevant to establishing liability.

Can I claim if I wasn't wearing hi-vis or other PPE at the time?

Not wearing PPE doesn't automatically prevent a claim, though it may be relevant to the overall picture — this is best discussed directly with a solicitor who can assess your specific circumstances.

Does it matter if the forklift was owned by a hire company, not my employer?

Potentially — your employer still owes you a duty of care regardless of who owns the equipment, though a hire company or manufacturer could also bear some responsibility depending on what caused the fault, if a fault was involved.

Injured in a forklift accident at work?

A specialist solicitor can assess who was responsible and what your claim may be worth.

Free case assessment

Or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525). No upfront cost and nothing to pay if your claim does not succeed.