If you have been injured in an accident at work, you may be wondering whether you could make a heavy equipment accident claim. Within this guide, we will discuss the duty of care you are owed while working and when you could be eligible to make a personal injury claim following an equipment or machinery accident.
Additionally, this guide will provide examples of different types of accidents that could lead to a heavy machinery accident claim. We will also discuss how much compensation you could potentially receive for your injuries by explaining how compensation is calculated in successful personal injury claims.
Furthermore, this guide will discuss the importance of gathering evidence to support your case as well as providing examples of the evidence you could gather. We will also share how a No Win No Fee solicitor from our panel could help you claim compensation for your workplace injuries.
If you have any questions regarding how to claim compensation for your injuries following a workplace accident, or if you would like to receive free advice for your particular case, you can contact one of our advisors. They can be reached 24/7 via the following methods:
Browse Our Guide
- Eligibility Criteria When Making A Heavy Equipment Accident Claim
- How To Make A Heavy Equipment Accident Claim
- Examples Of How Heavy Machinery Accidents Could Happen On A Construction Site
- How Much Compensation Could You Receive For An Accident In Construction?
- Use A No Win No Fee Solicitor To Make A Construction Injury Claim
- Learn More About Making A Machinery Accident Claim
You are owed a duty of care by your employer. The Health and Safety at Work etc. Act 1974 states that all employers owe their employees a duty of care to take reasonable steps to ensure their safety while they are working. This could include performing regular maintenance checks on machinery and fixing any faulty equipment, providing personal protective equipment (PPE) when needed, and ensuring all staff have received proper training to complete their work duties.
Additional legislation, such as the Provision and Use of Work Equipment Regulations 1998, provides additional guidance on the safe use of machinery and equipment in the workplace.
To be eligible to make a heavy equipment accident claim following an accident at work, you would need to demonstrate the following:
- You were owed a duty of care by your employer.
- Your employer breached their duty of care.
- This breach caused you to suffer an injury in a machinery accident.
When Can You Claim For Fatal Heavy Equipment Accidents?
If a loved one has died in a fatal heavy equipment accident at work, a fatal injury claim could be made on their behalf. However, it will need to be proven that the deceased suffered their fatal injuries due to their employer breaching their duty of care.
Under the Law Reform (Miscellaneous Provisions) Act 1934, the estate of the deceased can bring forward on claim for the pain and suffering of the deceased prior to their death. They can also bring forward a claim on behalf of the deceased’s dependents. Only the deceased’s estate can bring forward a claim for the first six months following the death of the deceased. They are also the only party that can claim for the deceased’s pain and suffering.
If no claim has been brought forward on their behalf after 6 months, the deceased’s dependents can make their own claim for how the death has impacted them, as stated within the Fatal Accidents Act 1976.
To see whether you may qualify as a dependent, or for more information regarding fatal workplace injury claims, you can contact one of our advisors.
When making a heavy equipment accident claim, you will need to present sufficient evidence that supports your case. Some examples of evidence that could be used to support your case include:
- Any video footage that captured your machinery accident taking place, such as from CCTV.
- Medical evidence of the injuries you suffered and the treatment you received for them, such as a copy of your medical records.
- Photographs of any visible injuries, accident scene, or faulty machinery that caused your accident.
- The contact information of anyone who witnessed your accident, as they may be able to provide a statement.
- A copy of the report in the accident book. Every workplace that has 10 or more employees on site is legally required to have an accident book. It could contain details of when your accident took place and how.
These are only a few examples. If you decide to work with a personal injury solicitor on your case, they could help you with gathering evidence more specific to your case. Contact our advisors today to see whether you may be eligible to work with a solicitor from our panel.
There are various ways that heavy machinery accidents could take place. However, it is important to remember that in order to have a valid personal injury claim for an accident at work, the injuries you suffered must have resulted from your employer breaching their duty of care.
Some examples of construction site accidents that could lead to a heavy equipment accident claim include:
- Your employer failed to perform regular maintenance checks on a trencher. While a colleague is using it, the trencher malfunctions and crashes into you, causing you to suffer a leg amputation due to the heavy metal chain.
- Your employer fails to provide you with the adequate training needed to operate a skid steer loader. They are aware that you have not been trained on how to operate one, but they still ask you to. Due to this, you crash while operating the vehicle and suffer a head injury and broken forearm.
- You could be injured in a crane accident. For example, despite bringing up your concerns over the weight of a load, your employer still makes you attach a heavy load to a crane to be transported. While in the air, the rope of the crane breaks, and the load falls and hits you. This causes you to suffer a crush injury.
These are only a few examples, to see whether you may have a valid machinery accident claim, you can contact a member of our advisory team.
Your compensation settlement will include general damages if you make a successful heavy equipment accident claim. This head of your claim compensates you for the injuries you suffered in a heavy machinery accident and the pain and suffering they have caused you.
Those valuing your claim for general damages may use the Judicial College Guidelines (JCG) alongside the findings of an independent medical assessment to help them. The JCG provides guideline compensation brackets for different physical and psychological injuries at varying severity levels. We have used some of these guidelines when creating this table.
Please note that this table should only be referred to as a guide. Additionally, the first entry has not been taken from the JCG.
Award Bracket Guidelines
|JC GUIDELINE AWARD BRACKET
|Multiple Severe Injuries With Financial Losses
|Up to £1,000,000+
|This award would reflect severe multiple injuries and their financial losses such as care costs, lost earnings and medical expenses such as prescription fees.
|£324,600 to £403,990
|The higher end of this award bracket is applicable to cases where physical pain is present and the ability to communicate and the sense have been significantly impacted.
|£91,090 to £160,980
|A combination of serious consequences due to severe damage to the spinal cord and nerve roots.
|In the region of £148,330
|Cases associated with paraplegia that is incomplete with limited neck movement.
|£96,160 to £130,930
|A severe arm injury that falls short of needing to be amputated but has left the person little better off, such as a serious brachial plexus injury.
|£69,730 to £96,210
|A loss of function in the knee due to the joint being disrupted and will require lengthy treatment.
|Severe (ii) Very Serious
|£54,830 to £87,890
|The person will suffer will mobility issues and will require mobility aids or crutches for the rest of their life.
|£50,060 to £69,700
|Transmalleolar fractures that can give rise to the need for below-knee amputations.
|£12,590 to £24,500
|A wrist injury that results in a permanent disability such as persisting pain and stiffness.
|£9,600 to £13,740
|Crush injuries or multiple fractures to 2+ toes causes pain and discomfort.
Claiming Special Damages Due To Machinery Related Injuries
In addition to general damages, you may also be able to claim for any financial costs you have experienced due to your workplace injuries. These would be compensated under the head of claim known as special damages. Under this, you could receive compensation for:
- Loss of earnings, both past and future, if your injuries required you to take time off work.
- Prescription costs or other medical expenses.
- Domestic care costs.
- Travel costs, such as taxi fares to medical appointments.
Evidence of these financial losses will need to be presented to be able to claim for them under special damages. This could include bank statements, payslips and receipts.
To receive a free valuation of your heavy equipment accident claim, you can contact one of our advisors. They can also offer you free advice on how to use a personal injury claims calculator.
If you have a valid heavy equipment accident claim, you may want to consider working with a legal professional. A personal injury solicitor who has experience with machinery accident claims could help guide you through the various aspects of the claiming process. This could involve helping you gather evidence and negotiating a compensation settlement on your behalf.
If you contact our advisors today, they may connect you with a No Win No Fee solicitor from our panel who could offer to support your claim under a Conditional Fee Agreement. Typically, with this arrangement in place, you won’t need to pay anything upfront or during the claim process for your solicitor’s services. Furthermore, there will be nothing to pay for the work your solicitor has provided if the claim is unsuccessful.
Should the outcome be a success, a success will be paid to your solicitor. This is a legally capped percentage of the compensation awarded to you. The legal cap helps to ensure that the majority of the compensation stays with you.
Our advisory team is available 24 hours a day to check the eligibility of your case and discuss your rights after an accident at work. They could also put you in contact with one of the personal injury solicitors on our panel should it seem like you have a strong case.
To connect with our advisors today, you can:
Additional guides by us regarding personal injury claims:
- This guide looks at how much warehouse accident claims could be worth.
- Information on how much could be awarded in industrial accident claims and when you may have a valid case.
- Guidance on how long after an accident at work could you make a claim.
- Find out how much compensation you could receive for a wrist injury at work due to lifting heavy objects and any supporting evidence you will need to provide for a claim
Further information and resources:
- Here is information about Statutory Sick Pay (SSP) from Gov.UK
- Guidance on when you should administer first aid from the NHS.
- Practical advice on preventing slips and trips at work from the Health and Safety Executive (HSE).
To check your eligibility for making a heavy equipment accident claim, you can contact a friendly member of our advisory team.