Legal duties for forklift operations
The Approved Code of Practice L117 (Rider-operated lift trucks) provides the regulatory baseline. Employers must (a) only permit trained, certified drivers; (b) provide refresher training every 3–5 years; (c) maintain trucks in line with LOLER 1998 (thorough examination every 12 months) and PUWER 1998; (d) segregate pedestrians from vehicles wherever reasonably practicable.
Common causes of forklift accidents
Driving too fast for the load; lifting an unstable load above eye-level travel height; reversing without a banksman; obstructed sightlines around blind corners; failure to maintain brakes, hydraulics or load-handling attachments; site layout that puts pedestrians and trucks on the same route; and untrained 'casual' use by shift workers covering for absences.
How much is a forklift accident claim worth?
Outcomes vary widely. JCG ranges typically engaged: foot crush injuries £15,310 – £49,440; pelvis fractures £47,810 – £92,910; severe leg amputations £104,830 – £153,200; serious back injuries up to £91,090; paraplegia from spinal cord involvement £267,340 – £346,890. Future loss of earnings often exceeds general damages where the worker cannot return to manual work.
Pedestrians struck by forklifts
Pedestrians (including agency workers, visitors, delivery drivers) are owed a duty of care under section 3 of HSWA 1974. Most successful pedestrian claims turn on a failure to segregate routes — a one-way system, barriers, or marked walkways would have prevented the accident.
Evidence to secure
Forklift inspection records under LOLER 1998; driver training certificates; the workplace transport risk assessment; site layout drawings; CCTV; and the RIDDOR report. Damage to the truck, the load, and surrounding racking often tells the story even before witness evidence.
I drove the forklift and caused the accident — can I still claim?
Possibly. If your training was inadequate, your truck was defective, or the system of work itself was unsafe, the employer's primary duty is engaged. Contributory negligence reduces the award; it rarely defeats the claim entirely.
What if I had a 'shadow' licence rather than RTITB?
In-house tickets only satisfy the law where they meet the standards in HSE ACOP L117. Many in-house schemes fall short.
Does the supplier of the forklift have any liability?
Sometimes — under the Consumer Protection Act 1987 or PUWER 1998 if the truck had a design or manufacturing defect.
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.