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According to the Health and Safety Executive (HSE), it is estimated that in the 2021/22 to 2023/24 period, 47,000 workers sustained a non-fatal injury in the construction industry.
Cranes may have caused some of these construction accidents at work, as they are a vital piece of equipment that is used during the construction process. If cranes are faulty or workers are not trained properly on how to operate them, this could lead to serious accidents. If you’ve experienced an injury in a crane accident, you could be eligible to make a claim.
Continue reading to learn more about when crane accident claims could be made. You can also contact one of our friendly advisors here at Advice to discuss your particular circumstances.
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To be connected with one of our knowledgeable advisors, you can reach us by:
- Calling us on 0161 509 2856
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Jump To A Section
- What Are Crane Accident Claims?
- Can I Make A Crane Accident Claim?
- How Much Compensation Can I Get For A Crane Accident Or Injury?
- What Other Factors Can Crane Accident Compensation Cover?
- How Do I Make A Crane Accident Claim?
- No Win No Fee Claims For Crane Injury Compensation
- Why Choose Advice?
- Learn More
What Are Crane Accident Claims?
Crane accident claims can arise if you have been injured in a crane-related incident, typically due to an accident at work.
A crane accident claim can arise through a number of accidents, not limited to, but including:
- If a crane isn’t regularly maintained, it could mechanically fail, posing a risk of injury and even death in severe situations.
- Your employer requests that you work on a crane, despite having received no training for this. You advise your employer that you haven’t been adequately trained, yet they still require you to work on the crane. As a result, you lose control of the crane and smash into the side of the construction site, causing your colleague a severe back injury.
- During heavy, windy, and rainy periods, cranes can pose more risks. Despite this, your employer advised you to work on the crane nonetheless. Due to this, while lifting materials, the crane swung into the side of the construction site, causing you to be hit by falling objects, including debris and bricks. You suffer multiple broken bones, including a broken leg, as a result.
- Your employer advises you to overload the crane, despite voicing your concerns. You then attempt to lift the load, causing the coupling to snap, resulting in a crush injury where you experienced a traumatic amputation.
As aforementioned, these examples are by no means exhaustive, so if you’ve experienced a different type of crane accident, please contact us. Our advisors are available to discuss your own circumstances and offer free advice.
Can I Make A Crane Accident Claim?
You could make a crane accident claim if your case satisfies the eligibility requirements. We can determine this by demonstrating that negligence has occurred; we must establish:
- Your were owed a duty of care
- This duty was breached
- The breach led to your injuries
Specifically, the Health and Safety at Work etc. Act 1974 (HASAWA) sets out the duty of care owed by employers. Under this Act, employers must take all reasonable steps to ensure the safety of their employees. The HSE provides guidance to employers on how to keep their employees safe when operating tower cranes.
Particularly if you are working with cranes in the construction industry, employers should also follow more detailed laws that are relevant to this industry. For example:
- The Work at Height Regulations 2005 place a responsibility on employers to adequately train any employees working at height, as well as ensuring that they use appropriate equipment where needed and properly assess any risks associated with working at height.
- The Construction (Design and Management) Regulations 2015 explicitly state that site managers or those in control of construction sites must provide a safe working environment for their staff.
- The Lifting Operations and Lifting Equipment Regulations 1998 outline the requirement for regular maintenance on lifting equipment such as cranes, hoists or forklift trucks.
Can I Claim If I’m Self Employed Or A Sub-Contractor?
Yes, you can claim if you’re self-employed or a subcontractor, as long as your claim fulfils the eligibility criteria. This is because under Section 4 of the HASAWA 1974, it is stated that the duty of care owed in the Act also extends to those who do not directly work for the employer but use their premises as their place of work.
Can I Claim If I Was Just Visiting The Work Site?
Again, if your claim fulfils the eligibility requirements, you could make a public liability claim. However, as a visitor to the site, different legislation will apply. Specifically, under the Occupiers’ Liability Act 1957 (OLA), the person or organisation in control of the construction site must take steps to ensure your reasonable safety when visiting their premises.
Can I Claim As A Pedestrian Injured By A Crane?
Yes, if you were injured as a pedestrian in a crane accident, you could make a claim, provided your claim fulfils the criteria. Using the rules established in the OLA 1957, as well as Section 3 of the HASAWA 1974, explicitly implies that the person in control of the construction site here also owed a duty of care to anyone who may be affected or exposed to risks, which extends beyond their employees.
Can I Make A Claim On Behalf Of A Loved One?
In two circumstances, you can make a claim on behalf of a loved one. In these instances, you would act as their litigation friend. You could be eligible to act in this role if either:
- The claimant lacks the mental capacity to claim for themselves
- The claimant was under 18 at the time of the crane accident and, therefore, cannot make their own claim.
When acting as a litigation friend, you must ensure that you act in the best interests of the claimant and discuss the claim particulars with their legal representatives. Here at Advice, we could help you to apply to this role, or alternatively, the courts have the power to appoint you to this role.
Fatal Crane Accident Claims
If a loved one has suffered fatal injuries in a crane accident, a claim could still be made, provided the case meets the eligibility requirements set out above.
In the first 6 months following the death of a loved one, under the Law Reform (Miscellaneous Provisions) Act 1934, the deceased’s estate is the only eligible party able to make a fatal accident claim.
This claim can consider the physical pain and suffering felt by the deceased prior to death, and it can also appreciate any financial losses caused by the accident before death. The estate also has the power to claim on behalf of the dependents (certain relatives) of the deceased.
Following the first 6 months, under the Fatal Accidents Act 1976, the dependents of the deceased are able to make their own claim if the estate has not started one on their behalf. This claim can consider how the death has impacted them.
A solicitor from Advice could help you navigate the fatal crane accident claims process. Contact our advisors to learn more.
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How Much Compensation Can I Get For A Crane Accident Or Injury?
The amount of compensation you could receive for a crane accident or injury depends on a few factors, such as the type of injury sustained and how long your projected recovery time is. Additionally, compensation could be comprised of two different heads of claim, known as general and special damages.
General damages are compensation for both the physical and psychological impacts of your injuries; this head of claim can consider the pain, suffering and any effect on your quality of life.
Special damages differ, as this compensation is solely for the financial losses incurred due to your injuries; below, we go into greater depth about what this compensation could include.
However, to determine your potential general damages compensation, legal professionals could refer to your medical records and the Judicial College Guidelines (JCG). This framework contains various injury types alongside guideline compensation brackets.
Our list below shows some of these compensation guidelines that may be applicable for crane accidents. Please be aware that the top entry has not been taken from the JCG.
Compensation Guidelines
- Up to £1,000,000+ – for claims where multiple severe injuries have been sustained, as well as special damages such as a loss of current or future earnings, or childcare costs.
- £396,140 to £493,000 – for Tetraplegia (also known as Quadriplegia) cases where the claimant needs help with bodily functions and has experienced severe brain damage
- £344,150 to £493,000 – for Very Severe Brain Damage necessitating constant nursing care and where the person suffers double incontinence.
- £267,340 to £344,150 – for Moderately Severe Brain Damage, where the injured person will have a dependence on others for care, as well suffer with physical or cognitive disabilities such as limb paralysis or an impact on intellect
- £111,150 to £196,450 – for Severe (i) Back Injury where severe damage has occurred to either the nerve roots or spinal cord, causing disability and incomplete paralysis
- In the region of £181,020 – for Severe (i) Neck Injuries causing either spastic quadriparesis or associated with incomplete paraplegia
- £117,460 to £165,860 – for Severe Leg Injuries (i) The Most Serious Injuries Short of Amputation, such as either extensive degloving or where leg fractures have not healed and bone grafting has been undertaken
- £117,360 to £159,770 – for Severe Arm Injuries such as a serious brachial plexus injury, where the injured person is left no better off than if the arm had been lost
- £80,240 to £122,850 – for Traumatic injury to the chest, lungs or heart which results in permanent damage, physical disability and causes a loss in life expectancy
- £30,500 to £47,840 – for Serious Foot Injury, which results in continuous pain and an increased risk of arthritis
Contact our advisors with any questions you may have about how compensation is calculated in crane accident claims.
What Other Factors Can Crane Accident Compensation Cover?
As we briefly mentioned above, compensation can also consider the financial implications of your injuries. These special damages can help provide financial relief for those who suffer an accident at work.
Below, we go into further depth about what things can be valued as part of this compensation:
Covering Loss Of Earnings
Suffering a crane accident might’ve meant you’re unable to work, leading to a loss of current earnings. As well as this, if your job requires you to be physically fit, and you’ve suffered an injury which has affected your mobility, this might mean you have to take more time off work and lead to a loss of future earnings too.
These lost earnings can be calculated and taken into account when your special damages are being valued.
Paying For Medical Costs
Medical expenses after experiencing an injury from a crane accident can be costly, particularly if you require reconstructive surgeries. You might need private medical assistance to help aid in your recovery, and these expenses can form part of your compensation.
Helping With Care Expenses
Both gratuitous and professional care costs can be calculated as part of special damages compensation. If you have family members who have had to take time off work to help provide care, these lost earnings could be calculated and claimed as part of your special damages.
Compensating The Cost Of Rehabilitation
Any costs associated with recovery or rehabilitation could also be considered as part of special damages. These expenses might include things such as physical therapists, occupational therapy or even psychiatric assistance.
Funding Home Or Car Adaptations
Crane accident claims can mean you now have mobility issues, particularly if you’ve suffered a back or neck injury. If your mobility has been impacted, you might also need home or vehicle adaptations to help in your day-to-day life.
The costs of installing a wheelchair ramp or handrails can also be considered and claimed as part of your compensation.
Covering Travel Expenses
If you have incurred any expenses for travel, such as taxi costs, our solicitors could help you claim these costs back. You might’ve needed to pay for mobility-friendly transport, and these costs can be taken into account when your special damages are being calculated.
Any financial losses you wish to claim for, you will need to provide evidence of them. This could include payslips, invoices and receipts.
Can I Apply For Interim Payments After A Crane Accident?
You might be eligible for interim payments only if your claim either has a high chance of success or if the defendant admits liability. This is due to the nature of these advance payments; they are paid before your claim ends, usually for immediate expenses such as accommodation costs.
Any interim payments you would receive would be deducted from your overall compensation amount at the end of your claim, which is why you could only be eligible for them under certain conditions.
Our solicitors completely understand that interim payments can be a lifeline for claimants who are facing immediate costs during the claims process. Get in touch with us today to learn more about interim payments and how a solicitor from Advice could help you.
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How Do I Make A Crane Accident Claim?
When making a crane accident claim, you will need to gather evidence, as it helps to demonstrate how someone else’s negligent actions led to your injuries. Your evidence can highlight the severity of your injuries as well as the impact that they have had on your life.
Documents which could be beneficial in crane accident claims can include:
- Your workplace accident report book
- Medical evidence, such as your medical and GP records, to show any diagnoses, treatment or prescriptions
- Documents of any relevant risk assessments that were carried out
- Previous training records of any crane operators
- CCTV footage of the incident, if it was caught on camera
- Contact details of anyone who might’ve witnessed the accident, so a witness statement can be gathered later on
- Crane maintenance records
In addition to ensuring you have evidence which can strengthen your claim, you must make sure your claim is started within the permitted time limits. Under the Limitation Act 1980, generally most accident at work claims must be started within 3 years of the date of the accident.
There are two exceptions, whereby the time limits slightly differ:
- If the claimant was under 18 at the time, they will have 3 years from the date of their 18th birthday to start their claim.
- If the claimant lacks the mental capacity, their time limit will be suspended until a full recovery is made, where possible. Their time limit would then resume and run from the date of recovery.
Working with a solicitor from Advice can help you to ensure that your claim is started within the limitation period; not only this, but as we mentioned earlier, evidence gathering can be difficult and time-consuming, which is why our solicitors could also assist you in gathering this supporting information.
No Win No Fee Claims For Crane Injury Compensation
A beneficial way of instructing a solicitor can be by claiming on a No Win No Fee basis; this can be advantageous as it means you don’t have to worry about the fees of hiring legal representation for your case.
Our solicitors work under a Conditional Fee Agreement, specifically, which is a type of contract stipulating that you, as the claimant, would have no service fees to pay for your solicitor to begin or continue working on your claim. You also do not need to pay them for their work should the claim fail.
Only if your claim is successful would a small fee be payable at the end of your case. This ‘success fee’ is a legally capped percentage of your compensation to ensure that you receive the bulk of your compensation, as outlined in the Conditional Fee Agreements Order 2013.
To learn more about how these types of claims work, please don’t hesitate to get in touch with our advisors today. They are happy to answer any questions you might have about your crane accident claim.
Why Choose Advice?
By choosing to work with a solicitor from Advice, not only will you benefit from their No Win No Fee services, but you can also expect:
- Regular and frequent updates about the progress of your claim
- Support with gathering evidence to strengthen your claim
- Negotiating a settlement amount that reflects the pain, suffering and financial effect of your injuries
- Handling all aspects of the claim so that you can focus on your recovery while they work to secure compensation on your behalf
- Support with applying to act as a litigation friend or applying for interim payments
This isn’t all that our solicitors could help you with; if you’d like to be connected with one of them, get in touch using the contact details below.
Contact Us
If you’d like to speak with one of our friendly advisors, you can reach us by:
- Calling us on 0161 509 2856
- Filling out our online claim form for a callback
- Use our live chat
Learn More
Why not read our other guides about:
- Warehouse accident claims
- How to make a finger injury at work claim
- If you’ve been injured during your probation at work, can you claim?
Helpful External Resources
- The Government’s overview about Statutory Sick Pay
- Reportable incidents in the workplace from the HSE
- Advice about returning to work after sickness from the HSE
Thank you for reading our guide about crane accident claims.
