Hit by a forklift and suffered injuries?
Have you had a forklift accident or been hit by a forklift (forklift collision)? And did you injuries ? Then there's a good chance you'll incur additional costs. Or perhaps even lose income. So what then?
It's good to know you can get reimbursed for your expenses and lost income. This is covered through your employer's insurance, but it can often be a hassle. It's also not fun to have to ask your own employer for compensation.
Collisions and accidents involving forklifts are common. Your employer is almost always insured against these. So, it's never your employer who has to compensate you for your damages. Their insurer does.
In any case, always seek advice if you have been hit by a forklift or have had another forklift accident. We can often tell you immediately—based purely on your own story—what is most in your best interest, what the best course of action is, and whether it is better to engage legal assistance
Our advice is always 100% without obligation and free of charge for you . Afterwards, you can decide for yourself what to do with our advice. And if you ask us to help you with your financial loss? Then we promise you in advance that this will be completely free of charge for you.
People choose us because:
- 15,000+ victims helped
- Customer rating of 9+
- The specialist in workplace accidents and personal injury
- The most involved personal injury law firm in the Netherlands
Forklift accidents: why do they happen so often?
Accidents involving forklifts happen because so much can go wrong. Being hit by a forklift is the most common accident (41% of all forklift accidents).
Other common forklift accidents include:
- falling load (17%)
- falling from height (12%
- sideways tilt (7%)
- tilt forward (7%)
- entrapment (6%)
- when getting on or off (4%)
- technical failures (3%)
- accidents with platforms (2%)
- while parking (2%)
Working with a forklift is therefore risky! This means that an employer must take as many measures as possible to prevent accidents. In 99% of cases, your employer is even liable if the accident or collision with the forklift was your own fault.
Do you recognize yourself in one of the examples, and have you also sustained injuries due to a collision with a forklift? In that case, the legislator has arranged that you can receive compensation for your financial damages and that you are entitled to legal assistance free of charge.
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
Hit by a forklift: most common injury
What are the most common injuries if you're hit by a forklift? Here are a few:
- bone fractures
- concussion
- head injury, neck injury and whiplash
- injuries to the arm, hand, wrist and fingers
- shoulder injury
- back injury
- ankle sprain or twist
- injuries to feet and toes
- wrist fracture
- dental injury
- heel fracture
- internal injury
- broken vertebrae
- bruised or broken ribs.
Fortunately, you can expect to be fully recovered within a short time. However, sometimes your recovery takes longer.
Ultimately, statistically speaking, about 25% to 35% of people unfortunately still suffer permanent medical consequences. And in that case, it is all the more important that your financial loss is eventually compensated!
What is your employer's legal duty of care?
What measures must your employer take to prevent collisions and accidents involving a forklift?
Your employer, just like with other workplace accidents, has a legal duty of care towards you as an employee. They must always provide you and your colleagues with very clear instructions and regularly conduct inspections on the work floor. This includes, for example:
- adjusting the layout of the workplace
- a good separation between forklift and pedestrian traffic
- a good traffic plan for the warehouse
- installing good collision protection
- banning people from standing on the forks of the forklift truck and certainly not going up
- limiting the maximum speed
- instructions on how heavily the forklift may be loaded and how the load should be secured
- clear instructions on how to place the load on the forklift truck so that the load remains stable
- that only people who have a forklift certificate drive the forklift
- checking whether employees use seat belts properly and wear safety shoes
- technical inspections and maintenance
- whether the forks are in the lowest position when driving with the forklift
- etc.
Have you had a collision with a forklift? Legally speaking, in 99.9% of cases, it's your employer's responsibility. Even if you think the forklift accident was your own fault.
Always ask for advice. With us, it's completely free and without obligation. We can almost always tell you immediately how your responsibility is handled and what the best course of action is.
What about liability in the event of a collision with a forklift?
Your employer therefore has many duties and responsibilities to prevent accidents and collisions involving a forklift. The question here is not whether that is fair to your employer or not. This is 'simply' the statutory regulation (Article 7:658 of the Dutch Civil Code) for a forklift accident!
Your employer will therefore be responsible (read: liable) in 99.9% of cases for the financial consequences (additional costs, lost income , and compensation for pain and suffering) of the forklift accident that befell you. This applies even if the circumstances are not entirely clear, if the collision was (partly) the result of an inattentive colleague , and even if the accident was your own fault.
Your employer can only avoid liability if you acted with intent or conscious recklessness. If you were hit by a forklift, this rarely, if ever, happens.
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
Hit by a forklift: your employer is almost always insured for your personal injury
Fortunately, your employer does not have to pay your financial damages (extra costs, lost income , and pain and suffering) themselves. Almost every employer is insured in case someone is hit by a forklift. Your personal injury damages will therefore be reimbursed by your employer's insurance company. So you don't have to worry about that.
Your employer notifies their insurer that you've been hit by a forklift or that you've had a forklift accident. Your employer's insurer then takes over and reimburses your damages.
But beware, you'll be dealing with a professional insurance company. They often have a very different perspective on liability and compensation for your personal injury, often against their better judgment.
That's why it's always better for you to seek legal assistance after a forklift collision or forklift accident . The costs of legal assistance should also be covered by your employer's insurer, separately from your own compensation.
With us, legal assistance is free. We always promise in writing that you will never be charged any fees.
Hit by a forklift: your financial damage
If you've been hit by a forklift, your financial losses (personal injury) can quickly mount. Personal injury consists of the following components (damages):
Additional costs and reimbursements for (informal care) assistance
- Costs due to a hospital stay
- Travel expenses of family or loved ones in connection with a visit to a hospital or rehabilitation center
- Own travel expenses related to medical treatments
- Contribution to health insurance deductible
- Medical costs (own contribution or not reimbursed)
- Other medical expenses
- Cost of resources
- Costs of adjustments (in the home, in the car, etc.)
- Costs for domestic help or other family assistance
- Reimbursement for relatives for nursing and care (informal care)
- Costs for maintenance of the home
- Garden maintenance costs
- Any other expenses incurred as a result of the accident.
Costs without benefit
These are the expenses you incurred before being hit by a forklift, but which are no longer of any use to you due to the accident. Think of sports club membership fees or festival tickets. These expenses are also eligible for reimbursement!
Lost revenue
- Your employer does not pay you at all (0%)
- Your employer will pay you part of it
- You work through a temporary employment agency and are immediately eligible for the Sickness Benefits Act and only receive 70% of your income
- You work on the basis of a 0-hour contract and your employer no longer schedules you
- You have an on-call contract and are no longer called up (extra)
- Your temporary contract will not be extended due to your injury
- The employer dismisses you during your probationary period
- You miss income from overtime, irregular hours allowance and/or additional scheduled working days
- You receive less or no bonus, performance bonus or profit sharing
- You're missing time-for-time build-up
- You miss out on a promotion or a raise.
Non-pecuniary damages
If you have been hit by a forklift, you are also always entitled to compensation for pain and suffering, or 'non-material damages'. Pain and suffering is compensation for pain and discomfort. Simply put: financial compensation for all the (psychological and physical) misery caused by your injury.
Legal costs
The law states that the legal costs (i.e. our costs) after you have been hit by a forklift truck must also be reimbursed by your employer's insurer.
This means that your legal costs are paid separately from your personal injury compensation. So you can engage an advocate without any financial risk. We are there solely for you and your legal and financial interests.
Only then can you be sure your employer's insurer won't take unfair advantage of you. That's why it's always wise to seek our assistance.
Calculate, substantiate and determine damages
Your financial loss consists of various "damages." All of these "damages" must be calculated, substantiated, and established throughout the entire personal injury claim process.
Your employer's insurer often has a very different perspective on these damages than you do. Especially if the damage is extensive and it takes longer to recover. So what happens then?
If you've been hit by a forklift accident, there's unfortunately a significant chance you'll sustain serious injuries. In 25% to 35% of cases, forklift accident victims even suffer permanent medical problems. In that case, you'll be dependent on the compensation your insurer pays for a long time, or perhaps even forever. You desperately need that compensation, so it must be 100% accurate!
We know from experience that calculating personal injury damages is complicated. Most personal injury victims can't do it themselves, especially not with more serious injuries.
The financial damage caused by your injury often mounts up very quickly. Think of all your extra expenses and the income you are losing for an extended period. Reduced income – especially in these times – inevitably leads to financial problems in no time. And you already have so many other things on your mind. Surely you want to avoid that?
If you have been hit by a forklift, we therefore always advise engaging specialized legal assistance. Only then can you be 100% certain that there is someone who is solely focused on your personal, legal, and financial interests. You can then simply concentrate on your recovery, while we ensure you receive the compensation you are entitled to.
All of this costs you absolutely nothing, because our costs (“the legal costs”) must also be reimbursed by the liable insurer. Separately and apart from your own compensation.
At Van der Toorn Personenschade, more than 20 highly experienced and seasoned personal injury specialists are at your service. We are always ready to help you claim your financial losses from your employer's insurer . Therefore, our legal assistance costs you nothing .
Advice or assistance after a collision with a forklift?
As an employee, it's often too difficult to recover damages for your injuries (extra costs, lost income , and non-pecuniary damages) yourself. And it's also unpleasant for you to have to hold your own employer liable.
Were you hit by a forklift and want to know if you're eligible for compensation? Or are you unsure how to proceed? Then enlist the help of a specialized personal injury firm like ours, 100% free of charge . Only then will you receive the compensation you're entitled to, without compromising your working relationship with your employer.
In any case, always seek legal advice. It can never hurt! Based purely on your own story, we can explain the legal situation, what is most in your best interest, and what you should do next.
If we believe our specialized assistance is in your best interest, we'll tell you why and that our help 100% free of charge . After that, you can decide for yourself what to do with our advice.
How can I help you?
Floris de Bruin
Commercial Director
Commercial Director
Curious about your chances?
About the author
The information on this page was written by Floris de Bruin, a specialist in liability and personal injury. The content of this page fully complies with the requirements of the National Quality Mark for Personal Injury (NKL).
What customers ask
Forklift accident, is the company liable?
A forklift accident can easily happen, as many things can go wrong. For example, defective equipment could be involved, or the load could shift. Therefore, driving a forklift is quite risky.
When is the company liable?
An employer must, in any case, take measures to prevent forklift accidents. The employer has a duty of care towards its employees. For example, it's important that the employer provides clear instructions and carries out regular inspections on the work floor.
Furthermore, it's important that the employer ensures the safest possible work environment. Besides instructions and inspections, the employer can implement adjustments to make the workplace safer, such as providing sufficient space on the work floor and ensuring well-trained drivers. This can prevent accidents and collisions involving forklifts. If an employer could have done more to prevent a workplace accident, the company can be held liable in the event of a forklift accident.
In summary, the most important things for an employer to do to prevent a forklift accident are:
– Good material
- Provide good instructions and carry out checks
- Sufficient space and good infrastructure on the work floor
– Drivers must have the appropriate training and certificates
If your employee fails to comply with the above duty of care, you have a good chance of successfully recovering your personal injury damages.
Calling for assistance after an accident involving a forklift truck
As an employee, it's often difficult to hold your employer liable after a forklift accident. It's unfamiliar territory, and you often don't know how to handle the situation. Have you had an accident with a forklift? Then, in many cases, it's very wise to engage a personal injury specialist. After all, the employer has many duties and responsibilities regarding safety. And in most cases, they are liable. Unless there's recklessness or intent, which almost never happens!
Feel free to request a free, no-obligation consultation from us. This doesn't obligate you to anything, and you'll know exactly where you stand. Our specialists are happy to assist you.
Want to learn more about liability after a forklift accident? Click here .
Do you need a company doctor in case of a workplace accident?
A company doctor is often called in to assist with a workplace accident if you become incapacitated for work due to an accident at work . One such doctor is an unknown figure for most employees.
When is an occupational health physician called in?
The company doctor isn't called in for every workplace accident. Your employer is obligated to contact the company doctor if you're sick for six weeks. For complex illnesses, the company doctor may start guidance and reintegration sooner.
The occupational physician will create a plan to determine how you can return to your previous job. If you are unable to return to your previous job, the physician will explore other options within the company. If no other work is available at your current employer, the physician will explore external options. The physician will consult with other physicians treating you and will also consult with external experts, such as an occupational health and safety expert.
Why should you call in a company doctor in the event of an industrial accident?
The occupational physician can answer questions from the employer or employee about the absence process and returning to work. They can also answer general questions about workplace safety and employee health. They also request information from other physicians treating you and consult external experts, such as occupational health specialists.
By engaging a personal injury specialist, you can significantly influence this process. A personal injury specialist, such as Van den Toorn Personal Injury, ensures that the right questions are asked and that proper medical evidence is provided.
If you do not agree with the company doctor's decision, you can request a second opinion from another company doctor.
Do you need a company doctor due to a workplace accident? It's always wise to consult a personal injury specialist.
Feel free to ask us for a no-obligation consultation. This doesn't obligate you to anything, and you'll know exactly where you stand.
Want to know more about a company doctor in the event of a workplace accident? Click here .
I used to do it myself, but now I don't know anymore...
I've already started a claim myself, but I'm stuck. Can I still contact you?
Absolutely! We see that a lot. People start with their own claim, but at some point it becomes too much:
-
- It takes a lot of legal knowledge and experience to get the maximum compensation.
- There are many rules and laws, and it would be a shame if you did not get what you are entitled to because you did not know those rules and laws.
- Our lawyers are all up to date on all laws, regulations and new developments in jurisprudence.
- That is why we can help you easily and personally with claiming your compensation.
- We never charge you for our costs, so you don't have to worry about unexpected bills.
Request FREE, NO-OBLIGATION advice on personal injury claims
We're here to help you claim your personal injury damages. We're happy to do it, and we do it well. Very well, in fact!
If you are unsure about how to proceed with your personal injury claim, please ask us for advice.
No question is too strange for someone to ask us. Don't hesitate to call us, email us, or chat with us. Whatever works best for you.
I have legal expenses insurance. What's best for me?
Legal assistance insurance for personal injury is not in your interest!
We often experience that people notice after a while (sometimes even after just a few weeks or months) that they do not have sufficient confidence in their own legal expenses insurer.
Or that people are simply no longer satisfied with their own legal expenses insurer.
Why is your own legal expenses insurer not in your best interest?
Your dissatisfaction or lack of confidence usually arises because you are dealing with:
- constantly changing lawyers who handle your personal injury claim
- lawyers who do not want to come to your home, except at the same time as the opposing party
- people who always have too little time for your personal injury
- people who often have to settle your personal injury claim too quickly
- too low compensation for your personal injury and non-pecuniary damages.
Want to learn more about why your legal expenses insurer isn't the right choice? Click here!
Would we like to take over a personal injury claim?
Only if it is in your interest!
It very often happens that personal injury victims ask us to take over their personal injury case from their legal expenses insurer.
We only do this if it is in your interest!
Free second opinion
Do you feel like you're being shortchanged by your legal expenses insurer? Or are you unsure about it?
If you wish, we can assess your personal injury case without any obligation.
This is called a “second opinion”, is completely without obligation and costs you nothing!
Do you and we click?
We would be happy to take over the handling of your personal injury case from your legal expenses insurer, free of charge.
So that you can be sure that you will get what you are entitled to from us.
Is your help really free for me?
Absolutely, our help is truly FREE.
Your counterparty is also obligated to reimburse your legal costs (i.e., our firm's fees). This is stipulated by law (Section 6:96 of the Dutch Civil Code).
At Van der Toorn Personal Injury, you'll receive a written cost guarantee upfront with a clear explanation. This also clearly states what you can expect from us and what we can expect from you.
We guarantee that the liable party will reimburse our costs. If they don't, it's our business risk. You'll never receive a bill from us. We promise!
Still unsure? Just contact us. We'd be happy to explain how our cost guarantee works.
If you'd like to learn more about our FREE personal injury assistance, click here. Clarity is paramount!
Compensation for an accident at work?
In the event of an accident at work, we refer to it as a workplace accident. Such an accident often has major consequences. If you wish to receive compensation for the accident at work, you must first determine who liable for the workplace accident.
When is the company liable?
According to Article 7:658 of the Dutch Civil Code, an employer is liable for injuries sustained by their employees at work. An employer must therefore ensure a safe working environment and adequate equipment. This is the employer's duty of care. If the company fails to do so, or fails to do so sufficiently, the employer is liable for the workplace accident. In almost all cases, they must compensate your employer for the damages incurred after an accident.
When will I receive compensation after my accident at work?
You will receive compensation for your injuries after a workplace accident if your employer is liable. You must prove that the accident occurred at your workplace. Your employer must demonstrate that they did not breach their duty of care. In some cases, the employer will want to prove that they did not breach their duty of care. Therefore, it's important to engage a personal injury specialist to ensure you receive the compensation you're entitled to. It's important to carefully consider any damages that can be carried forward into the future, such as loss of income or the need for domestic help
You will only be compensated for your damages following the accident at work if liability has been acknowledged.
However, this discussion often escalates into a legal battle between the employee and the employer's insurer. This isn't fair, as the insurer naturally has extensive experience and legal expertise at its disposal. Therefore, it's wise for employees to consult an expert
A reliable personal injury specialist will work with you to ensure you get what you're entitled to. Feel free to request a free, no-obligation consultation from us. This is completely free of obligation, and you'll know exactly where you stand. Our specialists are ready to assist you.
Want to learn more about compensation after a workplace accident? Click here.
Stories from the field
After the collision, we started having neck pain; we could no longer work..
It happened when I was driving to work with a colleague. Just on the highway, not even in a traffic jam. It was, of course, busy during the morning rush hour. We were going about 70 km/h. Someone behind us wasn't paying attention and crashed right into us. We didn't see it coming at all.
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