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      Can I make a forklift truck accident claim?

      Forklifts (also called ‘reach trucks’) are a staple in warehouses and manufacturing sites. But when something goes wrong, the injuries can be serious and long-lasting. That’s where a forklift accident claim can make a real difference.

      A successful claim offers compensation for lost wages, medical expenses, and rehabilitation. And if the accident wasn’t your fault, your claim could also cover future income, ongoing care, and pain and suffering. Your exact entitlements will depend on how the accident occurred and how badly you were injured.

      Below, we break down everything you need to know about filing a forklift accident claim — from figuring out what type of claim you have, to understanding your potential payout.

      If you’d prefer to speak with an expert forklift accident lawyer now, get in touch today. We’ll take the time to fully understand your injury and its impact on your life, so you get the maximum compensation possible.

      Start your free online claim check

      Find out if you’re eligible for a forklift accident claim today.

      Check your claim nowIt only takes 2 minutes.

      What forklift accidents can I claim for?

      Generally speaking, you can claim compensation for any forklift accident that happens at work or on the road. Some of the most common examples include:

      • Forklift rollover: occurs when a forklift tips over due to sharp turns, uneven surfaces, or carrying an unbalanced load. Rollovers can crush the operator or nearby workers and are some of the most serious forklift accidents.
      • Pedestrian collisions: these occur when forklifts strike workers on foot, whether on the road or in a warehouse or jobsite.
      • Falling loads: if the forklift’s load is not secured properly or is lifted incorrectly, it can fall and seriously injure anyone standing nearby.
      • Crush injuries: these happen when a worker gets trapped between a forklift and another object, like a wall or shelving unit.
      • Improper reversing: forklifts driven in reverse without proper attention to surroundings can back into pedestrians or objects, causing serious injuries.
      • Operator ejection: this happens when the forklift driver is thrown from the forklift during a collision, often due to not wearing a seatbelt.

      How much forklift accident compensation can I claim?

      There’s no fixed amount for forklift accident compensation — it really depends on the type of claim, how the accident happened, and the extent of your injuries.

      If the accident happened while you were working, you may be eligible for a workers compensation claim. And if employer negligence played a role, you could also be entitled to a larger lump sum through a common law damages claim.

      On the other hand, if you were struck by a forklift on the road, you may have a motor accident claim instead.

      Let’s take a closer look at each type of forklift injury claim and what you could be entitled to.

      Generally speaking, there are three types of compensation you can receive for a forklift accident at work.

      Basic workers compensation entitlements

      If you were injured by a forklift on the job, your workers compensation claim typically includes these basic entitlements:

      • Weekly payments (up to 95% of your regular income).
      • Coverage for medical expenses.
      • Rehab and support services.
      • Travel costs for getting to and from treatment.

      Lump sum payments

      On top of your weekly workers comp payments, you could also be entitled to a lump sum if your forklift injury has left you with a permanent impairment.

      To access this, you’ll need to undergo a Whole Person Impairment (WPI) assessment — this helps determine just how much your injury has affected your day-to-day life. While some states require a minimum WPI score to qualify, forklift injuries are often serious enough to meet this threshold without much trouble.

      To learn more about how this works, check out our guide to workers compensation claims for permanent impairment or speak to a forklift accident attorney today.

      Common law damages

      If your forklift accident was caused by your employer’s negligence, you may have a common law damages claim.

      These claims can lead to significantly larger payouts than standard workers comp, often in the hundreds of thousands (or even millions for severe cases).

      In addition to your regular entitlements, a successful common law claim can also cover:

      • Future lost income and superannuation.
      • Long-term medical treatment and rehabilitation costs.
      • Pain and suffering (available in some states).

      If you’re injured in a forklift accident on the road, your compensation will depend on a few key factors, including which state you’re in and who was at fault.

      Depending on the specifics of your case, you may be entitled to:

      • Lost income: covering wages you’ve already missed, plus future earnings if the accident was caused by someone else.
      • Pain and suffering: compensation for the physical pain and emotional toll the forklift injury has had on your life.
      • Care and support: including help from professional carers or family members, especially if you’re no longer able to care for yourself or a dependent.
      • Extra expenses: such as medical treatment, travel costs, and modifications to your home or vehicle to help you live independently.

      For a full breakdown of what you could claim, check out our complete guide to motor accident claims or get in touch with a specialist forklift injury lawyer for free advice tailored to your situation.

      Why does expertise matter in forklift accident claims?

      Forklift accidents can lead to serious, life-altering injuries — and that often means you could receive a substantial settlement. But getting the right compensation isn’t just about lodging a claim. It’s about choosing the right type of claim to make, using the right evidence, and following the smartest legal strategy from the start. That’s where having a forklift accident lawyer with real expertise makes all the difference.

      Forklift claims can be more complex than they first appear. For example, if you were struck by a forklift on a road, an expert lawyer will assess whether you’re better off making a motor accident claim, a workers compensation claim, or both — depending on the circumstances and which state you live in. Each scheme offers different types of benefits, and we’ll look closely at your injuries, ongoing needs, and legal options to find the path that delivers the most compensation.

      By collaborating with top workplace safety professionals, occupational therapists, and specialist doctors, we build a powerful, comprehensive case that captures the genuine impact of your injury on every aspect of your life. This means your claim doesn’t just cover lost wages and superannuation, but also ongoing treatment, rehabilitation, home and vehicle modifications, and the emotional toll of the injury on your life.

      We also work closely with these experts to push back against insurers who try to downplay your injuries or shift part of the blame onto you — a common tactic that can significantly reduce your compensation. Our lawyers understand these strategies inside out and know exactly how to counter them, helping to protect your full payout.

      From start to finish, our lawyers make practical, strategic decisions all with one simple aim: securing the largest possible forklift injury settlement for you.

      Your forklift accident workers comp claim is free in NSW

      Injured in a forklift accident in NSW? Your workers compensation claim is fully funded by the Independent Review Office (IRO), so our lawyers can help you for free.

      If you’re outside NSW (or you’re making a common law damages or motor vehicle accident claim), IRO funding doesn’t apply. But you’re still covered by our No Win No Fee guarantee. We’ll handle all the upfront costs, and you won’t pay anything unless we win your case. And if we don’t win, you won’t owe us a cent.

      Learn more about how the IRO funds your claim

      How to make a forklift truck accident claim

      While every forklift accident claim is different, your case will likely go through the following steps:

      Before beginning your claim, it’s important to chat with a specialist forklift injury attorney. During your free consultation, we’ll walk you through the claims process step by step, making sure you clearly understand your rights and what you’re entitled to.

      Your lawyer will carefully review your situation and assess every possible avenue for forklift injury compensation.

      To build a successful forklift injury lawsuit, it’s absolutely essential to have strong evidence — especially if you’re claiming your employer or another person was at fault.

      That’s where we come in. Our experienced forklift accident lawyers work closely with top medical and liability experts to gather powerful, well-rounded evidence that supports your claim from every angle. And with our No Win, No Fee guarantee, we cover all expert costs upfront — so you won’t pay anything unless we win your case.

      Once your case is ready, your forklift accident solicitor will take care of lodging your claim from start to finish:

      • For workers compensation or motor accident claims: we’ll submit your claim directly to the insurer along with all the necessary supporting documents.
      • For TPD claims: we’ll manage the entire process with your super fund or insurer to ensure your application is thorough and properly prepared.

      No matter which type of claim you’re making, we’ll handle every step of the submission to keep things smooth, accurate, and stress-free.

      Once your claim is lodged, the next step is to wait for a decision from the insurer or super fund:

      • For workers compensation and motor accident claims: the insurer will review your application and let you know whether it’s approved. If it is, you’ll typically begin receiving weekly payments right away. If your claim is denied or the offer doesn’t reflect what you’re entitled to, we’ll step in immediately to dispute the decision and push for a better outcome.
      • For TPD claims: the super fund or insurer usually responds within a few months. Thanks to our experience and thorough preparation, most claims are approved without issue. Once approved, we’ll help you decide how you’d like to receive your payout and make sure it’s released to you without delay.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Meet more of the team

      Forklift truck accident FAQs

      After a forklift accident at work, taking the right steps early on can make a big difference to your recovery — both physically and financially. Here’s what you should do:

      1. Report the accident: notify your employer right away so the incident is officially recorded. This step is crucial for starting your forklift accident claim.
      2. Seek medical attention: visit your doctor as soon as possible. They’ll assess your injuries, refer you for treatment if needed, and provide a medical certificate — a key piece of evidence for your claim. Even if you feel okay, some injuries (like internal trauma or head injuries) can take time to show symptoms, so don’t delay.
      3. Track your symptoms and recovery: keep a record of how the injury is impacting your daily life, including your ability to work, enjoy hobbies, or maintain relationships. These details help support your claim and show the long-term effects of your injury.
      4. Get legal advice: reaching out to a forklift accident lawyer as soon as possible. We’ll walk you through your rights, explain the claims process, and give you a clear idea of what compensation you could be entitled to.

      Some of the most common forklift accident injuries include:

      • Bruises and lacerations: minor to moderate cuts, abrasions, or bruising from direct impact.
      • Fractures and broken bones: common injuries when struck by a forklift or its load, especially in the arms, legs, or ribs.
      • Strains and sprains: often the result of lifting, carrying, or twisting while handling loads.
      • Crushing injuries: these can occur when a person is pinned between the forklift and another object, leading to severe trauma to skin, bones, and internal organs.
      • Back and spinal injuries: including whiplash, vertebral fractures, and disc herniations, which can result from sudden impacts or falls.
      • Head Injuries: from being struck by the forklift or falling objects, these can include concussions, skull fractures, or more serious brain injuries.
      • Internal Injuries: caused by heavy loads or crush accidents, leading to damage to internal organs, bleeding, or internal fractures.

      If your forklift injury has led to permanent damage, there are two main compensation options you might be able to access: a Total and Permanent Disability (TPD) claim through your super and a lump sum workers compensation payout. In many cases, you could be eligible for both.

      If your injury is causing ongoing issues, it’s important to get the right advice early on. In a free consultation, we’ll take the time to understand your situation and clearly explain what you’re entitled to — so you can move forward with confidence.

      TPD compensation

      If your forklift injury has left you unable to return to work, you may be able to make a Total and Permanent Disability (TPD) claim through your superannuation. Unlike weekly workers compensation payments, a TPD claim gives you a single lump sum designed to support your long-term financial future. The size of the payout varies depending on your super fund and the terms of your individual policy.

      Lump sum workers compensation payouts

      If your injury is long-term or permanent, you could be entitled to a lump sum payment in addition to your weekly workers comp benefits.

      To qualify for this, you’ll need to undergo a Whole Person Impairment (WPI) assessment. This assessment measures the extent to which your forklift injury has impacted your daily life and overall functioning. In some states, there’s a minimum WPI threshold you’ll need to meet to qualify for a lump sum payout.

      You need to make your forklift accident claim within a specific time limit, which changes depending on the type of claim and which state you’re in.

      That said, if you think you’ve missed the cut-off, there’s no need to stress. In many cases, we can apply for a time limit exception on your behalf. Over the years, our forklift injury lawyers have successfully handled hundreds of delayed claims for our clients.

      Forklift injury at work claims

      Be sure to report your forklift injury to your employer as soon as possible. From there, most states give you between 6 and 12 months to lodge a workers compensation claim.

      If you’re making a common law damages claim, the time limits are a bit different. In some states, you have up to three years from the date of the injury to file your claim. In others, the three-year time limit begins when you realise your employer’s negligence caused your injury.

      Motor vehicle accident claims

      In most states, you’re required to notify your state’s motor accident insurer as soon as possible after the incident. When it comes to filing court proceedings, the deadlines can vary widely — anywhere from 13 weeks to three years, depending on where you live.

      To find out the specific time limits that apply to you, check out our complete guide to motor accident time limits.

      When you’re involved in a forklift accident, you’re automatically entitled to workers compensation, regardless of who caused the incident. However, if your injury was caused by your employer’s negligence, you may also have the option to pursue a common law damages claim.

      Examples of employer negligence include:

      • Failing to provide proper training for operating machinery or performing tasks.
      • Providing inadequate protective equipment or safety gear.
      • Not maintaining or repairing faulty equipment, leading to dangerous conditions.
      • Failing to install necessary machine guards or safety features.
      • Poor supervision of high-risk tasks that increase the chance of accidents.

      Common law damages claims can result in significant lump sum payouts, which is why it’s crucial to consult with an experienced forklift injury lawyer before you start your claim. With years of experience and a network of top medical experts, we’ll build a strong case to prove your employer’s negligence and establish a direct link to your injury.

      The cost of a forklift accident claim can vary depending on the type of claim you’re making and how complex it is. If you’re lodging a workers compensation claim in NSW, there’s good news — your legal costs are fully covered by the Independent Review Office (IRO), which means we can help you for free.

      For all other claims, you’re still protected by our No Win No Fee guarantee. That means we cover all upfront costs, and you won’t pay us a cent unless we win your case. Even then, our fees are capped at 30% of your compensation — much lower than the industry standard of 50%. And in most cases, we recover those fees from the other party, so you keep more (if not all) of your forklift accident settlement.

      Want a clearer picture of what your forklift injury claim could cost? Get in touch with our team for a free consultation. We’ll walk you through your entitlements, explain our fee structure, and show you how we’ll fight to secure your maximum forklift injury settlement.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

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      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      Do I need a forklift accident lawyer?

      Forklift injury claims are often more complex than standard personal injury cases. They tend to lead to higher payouts, but they also require stronger evidence and the experience to take on tough insurer defence tactics. That’s where an expert lawyer makes all the difference. At every step, we’ll:

      • Break down your rights and every type of claim you’re eligible for.
      • Collaborate with leading medical experts to assess your long-term needs.
      • Use vocational specialists to show how your injury affects your work capacity.
      • Push back on insurer defences, like claims that you can return to work.
      • Ensure your claim includes home or vehicle modifications (if necessary).
      • Handle all back-and-forth with the insurer so you don’t have to.
      • Uncover your additional entitlements, like a TPD benefit.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

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