By Cat Grayson. Last Updated 11th May 2023. If you have been injured in a crane accident whilst at work, you may be wondering whether you can claim. You can seek compensation if your employer was at fault for the accident and you were subsequently injured.
All employers owe their employees and staff a duty of care to take reasonable practical steps to ensure their safety while carrying out work tasks. Should an employee become injured because their employer failed to uphold this duty of care, this is known as negligence. In this scenario, an employer could be liable to pay personal injury compensation.
In this guide, we will explore how much compensation you could be owed for a successful accident at work claim in conjunction with the steps you can take to strengthen your case’s chance of success, such as claiming via a No Win No Fee solicitor.
You can also speak with an advisor from our team who can offer you a free consultation 24 hours a day, 7 days a week. To get in contact:
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- Crane Injury And Accident Claims
- How Could A Crane Operator Act Negligently?
- How Could You Be Injured In A Crane Accident?
- What Is The Time Limit For Crane Accident Claims?
- How Much Could You Claim If Injured In A Crane Accident?
- Why Choose A No Win No Fee Solicitor?
An accident at work is an unintended incident that can cause physical or mental injury. The duty of care that employers owe is outlined by the Health and Safety at Work etc. Act 1974. This law states that employers must take all reasonable steps to reduce or remove the risk of employees injuring themself in the workplace.
For you to claim, your employer must have breached the duty of care owed to employees, and you must have been injured. This is generally regarded as negligence. Therefore, if your own carelessness causes your injuries, they might not be claimable.
The severity of the incident, the injuries you sustain, and any financial harm will likely determine how much compensation you could be entitled to for a successful claim.
If you would like to know whether you have an eligible personal injury claim, please speak with an advisor from our team for more details.
The Health and Safety Executive HSE is the governing body and regulator for health and safety in Britain’s workplaces. The HSE has provided guidance on how an employer can reduce the risk of injury to employees when partaking in lifting operations.
The Lifting Operations and Lifting Equipment Regulations 1998 states that all operations that involve lifting via cranes, gin wheels or hoists must be properly planned by a competent person, appropriately supervised and conducted in a safe way.
Furthermore, cranes and lifting tools, for instance, a sling, must be of the required strength, tested, examined and inspected when necessary.
If your employer does not do this and you are injured, you might be entitled to claim. Please contact a member of our team for more information.
We have provided you with some examples of how an accident may be caused by employer negligence leading to a claim:
- When working on-site, your employer does not provide you with the necessary personal protective equipment (PPE). Furthermore, an object falls off the crane due to a risk assessment not being carried out before the operation starts. Consequently, you endure a brain or head injury.
- One of your colleagues is asked to operate a crane regardless of not being given the proper training. Due to this, they release an object during transportation, and it hits you. As a result, you suffer a broken back injury.
- The crane needs to be repaired and is not suitable for use. Although due to a lack of inspection from the necessary staff member, it is used anyway. Subsequently, the crane malfunctions and drops the material, and you suffer a chest injury and nerve damage.
Do not hesitate to contact a member of our team for more information.
According to the Limitation Act 1980, you generally have three years to start a claim for a crane accident. This time limit starts on the date you suffered your injuries. However, there are some exceptions.
For example, the time limit is frozen for claimants under the age of eighteen. While the time limit is frozen, a court-appointed litigation friend could make the claim on their behalf. Otherwise, they will have three years to start a claim from their 18th birthday if one has not already been made.
Similarly, the time limit is frozen indefinitely for those lacking the mental capacity to claim for themselves. If they regain the capacity to claim for themselves, the time limit will restart on the date of their recovery. If not, then a litigation friend can make their claim for them.
If you would like to learn more about crane accident claims, or if you would like to find out whether you are within the correct time limit to claim, contact our team today.
The compensation for personal injury claims may be split into two heads of claim. Firstly, you could receive general damages for any physical or mental pain and suffering caused by the accident and subsequent injury. For example, you could receive a payout for a severe back injury.
We have drafted a table using compensation figures that have been taken from the Judicial College Guidelines (JCG). The JCG includes figures used by legal professionals when valuing claims.
However, these amounts are not guaranteed. This is because every case is unique, and your payout may differ.
|Body Part||Severity||Compensation Bracket||Details|
|Head||Very Severe||£282,010 to £403,990||There will be little to no meaningful response to to environment and symptoms, such as little or no language function.|
|Head||Moderately Severe||£219,070 to £282,010||The injured person will be very severely disabled and considerably dependant on others.|
|Amputation of Arms||Loss of Both Arms||£240,790 to £300,000||State of considerable helplessness|
|Amputation of Arms||Loss of One Arm (i)||Not less than £137,160||One arm being amputated at shoulder level.|
|Leg||Amputation (i)||£240,790 to £282,010||The amputation of both legs.|
|Leg||Amputation (iii)||£104,830 to £137,470||The above the knee amputation of one leg.|
|Foot||Amputation of Both Feet||£169,400 to £201,490||The amputation of both feet including the loss of the ankle joint.|
|Chest||A||£100,670 to £150,110||The complete removal of one lung and/or severe heart damage leading to continued pain and suffering as well as permanent scarring.|
|Back||Severe (i)||£91,090 to £160,980||The most severe of injuries that include damage to the spinal cord and nerve roots.|
Secondly, you could be awarded special damages if you incur financial losses due to your injuries. For instance, you might be unable to work until a full recovery is made. Special damages may reimburse any loss of earnings endured.
Furthermore, you could be compensated for:
- Home adaptations
- Care costs
- Medical costs
- Travel expenses
You should provide evidence of your physical and mental injuries as well as your monetary losses to strengthen your chances of being reimbursed for them.
An advisor from our team can provide you with a more personalised analysis if you get in contact.
A personal injury solicitor can use their vast experience to cover all areas of your claim. This could make the process of claiming less stressful and daunting than it otherwise would be.
If you are worried about funding your solicitor upfront, you could opt to work with a solicitor that operates on a No Win No Fee basis. Furthermore, they may ask you to enter into a Conditional Fee Agreement (CFA) which normally means that there are no fees to be paid upfront or throughout the claims process.
Additionally, you only pay a fee provided you win your case. Therefore, you won’t have to pay if your claim is lost.
However, in the event of a successful claim, a legally capped success fee will be deducted from the compensation you are awarded and paid to your solicitor.
If you want to find out whether you could work with a No Win No Fee solicitor, do not hesitate to contact our advisors. If you are eligible, they might connect you with one of the accident at work solicitors from our panel.
To get in touch:
Read More About Accidents At Work
We have included additional guides of our own that might be able to help you:
- Personal injury claims time limit
- Advice on claiming on behalf of someone else
- What are my rights after an accident at work?
Moreover, we have included further reading that could also be useful:
Thanks for reading this guide on how to claim if you were injured in a crane accident.