If you suffer a crush injury at work, it could mean that you are unable to carry out your job for the duration of your recovery. Being crushed can be not only extremely painful it can prevent you from carrying out normal daily tasks in the home too. You may be able to claim compensation from an employer if it can be found they were in breach of their duty to keep you safe from injury in the workplace.
To find out more about a crush injury at work claim and what evidence is required to support your case, please read on.
- Crush Injury at Work Statistics
- What Are the Most Common Crush Injuries at Work?
- Would My Crush Injury at Work Claim Be Upheld?
- What Should I Do If I Suffer a Crush Injury in the Workplace?
- I Am a Temporary Worker, Can I File a Crush Injury Claim Against the Employer?
- A Fellow Employee Caused My Crush Injury at Work, Can I Still Claim Compensation?
- I Was Partly Responsible, Can I Still Seek Crush Injury Compensation From an Employer?
- What Are My Rights Following a Crush Injury at Work?
- What Can I Include in a Crush Injury Claim Against an Employer?
- How Much Crush Injury Compensation Could I Get?
- Would My Crush Injury Claim Against an Employer be Successful?
- How Long Do I Have to Make a Crush Injury Claim Against an Employer?
- Would a Solicitor Offer Me No Win No Fee Terms if I Seek a Crush Injury Compensation?
- Informative Links
According to a report published by the Health and Safety Executive, during the period from 2013 to 2014, the number of employees who suffered crush injuries in accidents at work stood at forty four. The report showed that these injuries were caused by the falling:
- Being hit by a falling object
- Making contact with a moving part of equipment or machinery
- Being hit by a moving vehicle
- Being trapped under an object that fell on them or which came apart
Should you be involved in an accident at work and you suffer some kind of crush injury, you could be entitled to seek compensation providing you can show that your employer was in breach of their legal duty to make sure you were safe from injury whilst at work. A solicitor at www.accidentclaims.co.uk would determine whether you have a strong case by offering you an initial consultation for which there would be no charge.
You could suffer many types of crush injuries at work with the most common being as follows:
- A crushed finger or fingers
- Being hit by a moving vehicle with forklift trucks accidents being the most commonly reported and suffering crush injuries to the body
- Suffering a head injury from an item falling from above
- Suffering a hand/arm injury when coming into contact with any moving parts of machinery and equipment
Any sort of crush injury can be extremely painful and could put you out of action for a considerable amount of time. Even a more minor crush injury to a finger could prevent you from working or carrying out normal daily tasks when you are at home. As such, you may have to take time off work which could put you under financial hardship. Should this be the case, you should discuss your case with a personal injury solicitor who would quickly determine whether you could claim crush injury compensation by filing an accident at work claim against a negligent employer.
For your crush injury at work claim to be valid, you would need to provide enough evidence to support a claim that your employer was in breach of their duty to keep you safe in the workplace. However, even if you think you could be partly responsible for the injuries you suffered, you should still contact a solicitor at www.accidentclaims.co.uk because you may still be entitled to claim crush injury compensation because your employer could also be partly liable which is known in law as “contributory negligence”.
If you suffer any sort of accident in the workplace which includes a crush injury, you must seek medical attention as soon as possible. Once you are able to, you should follow the procedure as set out by your employer following an accident at work. Even if you do not intend on seeking compensation at first, you must still gather as much information and evidence as you can because you may change your mind later on more especially if the crush injury at work you suffered leads to you developing other medical issues.
The procedure to follow after suffering a crush injury at work is as follows:
- Seek medical attention immediately – whether with the designated first aid officer, your own GP or the Accident and Emergency Department of a local hospital
- Make sure that the workplace accident has been reported to the person in charge or to your employer directly
- If there is an Accident Book in the workplace, make sure a record of the incident has been correctly recorded in it and if you find there are errors in the report, you have the right to correct these before adding your signature to it
- If there is no Accident Book, you can send your employer a registered letter or a personal email detailing the crush injury you suffered keeping a record for your own files
- Check to see if the workplace accident and the crush injuries you sustained are reportable to the RIDDOR
- Gather witness statements together with their contact details
- Take photos of your injuries and the place where the accident occurred
- If there is CCTV footage request a copy from your employer which they must give you in a timely manner
The more evidence you can provide a solicitor, the stronger your crush injury at work claim would be against an employer who could be held liable for the accident occurring. If you contact a personal injury solicitor, they would request that you provide them with as much evidence as you can to support a crush injury at work claim against your employer.
The law in the UK allows all employees to seek compensation for injuries sustained in the workplace should an employer be in breach of their legal duty to ensure that a work environment is safe. Should you suffer a crush injury at work through no fault of your own or if you feel you may be partly responsible for the accident happening, you have the right to file an accident at work claim and this includes if you are working for an employer on a temporary basis.
Employers in the UK have a duty of care towards all the people who work for them which includes the following:
- Temporary workers
- Agency workers
- Full-time employees
- Part-time employees
- Contractors who are under the control of the employer
- Self-employed people who are under the control of an employer
Should your employer fail to keep you safe and as a temporary employee you suffer a crush injury at work, you should contact a personal injury solicitor who would quickly establish whether your case would be upheld because of employer negligence.
If the workplace accident in which you suffered a crush injury was caused by a fellow employee, your employer would still be deemed responsible. The reason being that all employers in the UK are legally liable for the actions of the people who work for them. In legal terms, this is referred to as “vicarious liability”. Should this be the case, you should contact a personal injury solicitor at www.accidentclaims.co.uk who would determine whether you can claim crush injury at work compensation from your employer.
As previously touched upon, even if you could be held partly liable for the crush injuries you suffered in an accident at work, you could still be entitled to claim compensation by filing an accident at work claim because your employer may be partly responsible for several reasons. This could be because of the following:
- The employer failed to provide you with adequate training to carry out a job
- The machinery you were using was faulty
- A fellow worker was insufficiently trained or did not have enough experience to carry out a job and as consequence you suffered a crush injury
These are just some of the examples which could lead to “contributory negligence” on the part of your employer. However, if this is found to be the case, the crush injury at work compensation you receive would reflect the level of responsibility you are deemed to have had. An example being as follows:
- If a court deems your level of liability is 25%, you would be awarded 25% less in the way of crush injury at work compensation
If you were involved in an accident at work and suffered a crush injury, you have specific rights which are as follows:
- To seek compensation from an employer if they are deemed negligent
- That your job is secure even if you file a crush injury at work claim against your employer
The law obliges UK employers to do the following:
- To carry out regular risk assessments of a workplace to ensure that it is safe for employees to work in
- To identify hazards and dangers in a work environment and to set in place all reasonable measures to reduce the risk of harm or injury to employees and people who visit the workplace
If your employer ignores the law and the legislation that is set in place to protect you and as a consequence of their actions, you suffer a crush injury at work, you would be entitled to seek compensation by filing an accident at work claim.
You would be entitled to claim both your damages and your losses when you file a crush injury at work claim against a negligent employer. Personal injury compensation is calculated in two parts which are as follows:
- General damages
- Special damages
General damages are awarded in compensation for the following if you suffer a crush injury at work:
- The distress, pain, suffering an loss of amenity you endured through no fault of your own
Special damages are awarded to you in a successful claim against a negligent employer as a way of compensating you for the following:
- Your loss of earnings during the time it takes you to recover from your injuries
- Loss of future earnings should your injuries prevent you from carrying out the work you did and prevent you from finding other alternative work
- The medical expenses you incurred as a direct result of your crush injuries
- Your travel costs whether you got to the place you were being treated by car, bus, taxi or train
- Care costs should you need help around the home during your recovery
- Home and vehicle adaptations
- All other out of pocket expenses that can be directly linked to the crush injuries you suffered
Because special damages are awarded for the “actual” expenses and other costs you incurred, you must provide evidence of your expenditure. As such, it is important to hold onto all relevant receipts.
The level of crush injury at work compensation you may be awarded if your claim is successful would depend on several things which are as follows:
- The complexity and the severity of the crush injuries you suffered in the workplace
- Whether your injuries prevent you from carrying out your job and prevent you from finding alternative work
- Whether you would require ongoing, long-term therapy/treatment/rehabilitation for the crush injuries you suffered
It is worth noting that the amount you would be awarded in “general damages” would be based on the Judicial College Guidelines but on top of this you would receive “special damages” which would compensate you for all the out of pocket expenses you paid out as direct result of the crush injuries at work you sustained.
As mentioned previously, the more evidence you can provide to support a crush injury at work claim, the more chance there would be of your case being upheld whether it goes to court or the liability insurance provider offers you a settlement before your case goes to court (out of court settlement). An accident at work lawyer would assess all the proof you provide to determine the strength of your case before recommending on how best to proceed with your crush injury at work claim.
You would have 3 years to file a crush injury at work claim against a negligent employer but this statutory deadline would begin at different times depending on certain things. These are as follows:
- You have 3 years from the date you sustained a crush injury at work
- You have 3 years from the date you were diagnosed as suffering from a medical issue that a doctor, specialist or consultant links directly to the crush injury at work you suffered
- You have 3 years from the date of your 18th birthday if you were injured in the workplace when you were still a minor (under the age of 18). This means you would have up till your 21st birthday to seek compensation from a negligent employer
Although 3 years appears to be long enough to file a crush injury claim against an employer who was in breach of their duty to keep you safe, gathering the required information and evidence can be a long-drawn out process. It can take time to receive the necessary medical reports and should an employer deny liability, proving your case could be more challenging and not as straight forward as when responsibility for your crush injuries is accepted. In short, it is better to contact a personal injury solicitor as soon as possible so that your case can be assessed and if necessary legal proceedings can begin.
As with most accident at work claims, it is far better to seek legal advice prior to filing for crush injury at work compensation. The reason being that although you have 3 years to file a claim against a negligent employer, gathering all the necessary evidence and other relevant documents can be time consuming more especially if you require a specialist to provide a detailed medical report on the injuries you suffered in the workplace.
On top of this, your employer may choose to deny liability and should this happen, the solicitor you contact would then start to investigate whether this is the case or not. When employers do not accept responsibility for injuries sustained in the workplace by employees, things are not as straightforward and more in the way of investigations have to be carried out. With this said, you may find that an employer initially denies responsibility but as soon as they receive a letter of “intent” from a solicitor they accept liability. Should this be the case, the liability insurance provider would offer you an initial settlement but this is typically a much lower amount.
For more information regarding your employer’s duty of care towards you and your fellow workers in the event of an accident at work, please follow the link provided below:
If your employer fired you from your job because you filed an accident at work claim against and you would like to know more about employment law in the UK, please click on the link provided below:
To find out more about the law relating to Accident Books in the workplace, please click on the link provided below: