This guide will look at the process of claiming after a crane injury caused by employer negligence. We will begin by looking at how accidents involving cranes could happen and the kinds of injuries that these could cause.
Furthermore, this guide will lay out the duty of care that employers owe to those they employ. We will give some examples of how a breach of this duty of care could result in an accident.
We’re often asked how much compensation could be owed in personal injury claims. While we cannot give you an exact answer, we can give you guidance on how compensation claims are valued.
Please contact Legal Helpline to see if you can make a compensation claim after being injured in a crane accident. If you are eligible, someone from our team may be able to provide you with a skilled No Win No Fee solicitor from our panel to handle your claim.
Use the details below to get in touch:
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- What Is A Crane Injury?
- Your Employers Health And Safety Responsibilities
- Time Limits For Accident At Work Claims
- Steps To Take After A Crane Injury
- Crane Injury Claim Payouts
- Check If You Could Make A Claim
The Health and Safety at Work etc. Act 1974 (HASAWA) sets out the duty of care that employers owe to those who they employ. It states that they need to take all reasonably practicable steps to prevent injury to their workers.
For example, an employer should:
- Provide their employees with the appropriate protective equipment that they need to safely carry out their role
- Supply workplace training where it’s necessary
- Ensure that all equipment is safe and well-maintained
- Carry out risk assessments and act accordingly based on their results
Causes Of Crane Accidents
There are a number of ways that crane accidents could happen as a result of negligence. The injuries that are sustained could vary based on the kind of accident and can range from minor to severe. Sometimes, a crane accident could be fatal.
Below are some potential examples of how negligence could cause a crane accident to occur:
- The proper maintenance is not carried out on a crane, meaning that it tips over when it’s moved. This causes injury to the driver.
- A crane driver is not properly trained, meaning that they drop the crane’s load onto someone at a construction site. This results in a crush injury.
The Lifting Operations and Lifting Equipment Regulations (LOLER) is the legislation that outlines health and safety in relation to lifting equipment jobs, including those involving cranes. For example, employers must:
- Properly plan the operation
- Utilise members of staff who are competent
- Ensure that these operations are supervised to ensure that they are performed safely
If your employer failed to adhere to the guidance set out in HASAWA or LOLER, and this causes an accident that results in you being injured, you could be entitled to claim. Speak with a member of our team today for guidance on the claims process.
One of the important considerations in relation to accident at work claims is the time limit that applies. Generally, you have three years from the date of the incident to begin a claim for compensation.
However, there are circumstances that impose an exception to this time limit. For example, if the claimant is under the age of 18 when the incident occurred, then they cannot pursue their own claim because they are underage. This means that the time limit for claiming is suspended until they turn 18, at which point they have 3 years to make their own claim if they have not already received compensation.
A litigation friend could claim on behalf of the injured party while they’re unable to do so themselves. This is an adult who is appointed to act in the best interests of the claimant.
For guidance on how long you have to begin your own claim, or for information on the other exceptions that could apply, speak with a member of our team today.
There are certain steps you could take after being injured in a crane accident at work that could support your potential claim. We have included some of these below:
- Seek medical attention. If you have been injured, your health should be your first priority. Not only will you be more likely to get the treatment you need if you seek prompt medical care, but this will generate records that can be used as evidence.
- Report the accident in the workplace accident book. If there are 10 or more employees at your organisation it’s a legal requirement for there to be an accident book. You can fill this in with the date, time and circumstances of the accident to create a record that can be referred back to.
- Request CCTV footage that shows the accident taking place, if applicable
- Ask any witnesses to the incident whether they would be willing to provide you with their contact details so that they can be approached for a statement at a later date.
If you want to begin a compensation claim for a crane accident, please contact Legal Helpline today. A claims specialist will let you know if you have enough supporting evidence to begin the claims process.
You may wonder how much compensation you could be entitled to for a crane injury resulting from negligence. Successful claimants in personal injury cases can receive up to two heads of claim, which are:
- General damages. This is compensation for the pain, suffering and loss of amenity the injuries caused.
- Special damages. This head of a claim will reimburse the claimant for out-of-pocket expenses and losses they have experienced because of the injury.
We have included the table below for you to use as a guide on compensation values. The compensation amounts are based on the 16th edition of the Judicial College Guidelines, which legal professionals can use to help them value claims.
|Type And Severity Of Injury||Notes On The Injury||JC Guidelines On Payouts|
|Brain Or Head Injury - Moderate (i)||Moderate to severe effect on intellect and a change in personality. No employment prospects.||£150,110 to £219,070|
|Brain Or Head Injury - Less Severe||A good degree of recovery and return to work. Injured party may not regain all normal function.||£15,320 to £43,060|
|Neck Injury - Severe (i)||Incomplete paraplegia, severe headaches and little or no movement in the neck.||In the region of £148,330|
|Neck Injury - Moderate (i)||Injuries such as fractures or dislocations causing immediate symptoms, or chronic conditions involving referred symptoms.||£24,990 to £38,490|
|Back Injury - Severe (i)||A spinal cord injury causing severe consequences, for example pain and impaired bowel function as well as incomplete paralysis.||£91,090 to £160,980|
|Back Injury - Moderate (i)||Crush fractures as well as other types of back injury. They could be at risk of osteoarthritis in the future.||£27,760 to £38,780|
|Knee Injury - Severe (i)||Gross ligament damage or joint disruption which necessitates a lengthy recovery.||£69,730 to £96,210|
|Ankle Injury - Severe||Instability in the joint, a residual disability and/or a lengthy recovery.||£31,310 to £50,060|
|Shoulder Injury - Serious||Nerve damage or dislocation of the shoulder.||£12,770 to £19,200|
|Clavicle Fracture||What compensation may be awarded depends on factors like how long the injury lasted and the extent of the fracture.||£5,150 to £12,240|
Special damages can cover, for example, a loss of earnings if your injuries meant you were unable to work, the cost of medication or travel costs to medical appointments that you otherwise wouldn’t have needed to attend. Proof can be useful in ensuring you get the full special damages payout you’re entitled to, so holding on to receipts and bills may be useful.
Please call our helpline to see how much injury compensation you could receive, and an advisor can discuss your case with you. Furthermore, if your claim is valid, you could be connected with a lawyer from our panel.
Please contact our team today to see if you can make an accident at work claim after being injured by a crane. Legal Helpline works with a panel of experienced solicitors. If your case is valid, you could be connected with a No Win No Fee solicitor from our panel.
A No Win No Fee solicitor could offer you a Conditional Fee Agreement. Under this kind of contract:
- You won’t have to pay your lawyer upfront in order to access their services
- There aren’t any ongoing costs to cover as they work on your claim
- In the event that the claim isn’t a success, you won’t pay your lawyer for the work they’ve done on your claim.
- If you are awarded compensation, then a legally-limited success fee will be deducted from your settlement by your lawyer.
Please get in touch with the team today to see whether you could claim compensation for a crane accident that has left you injured.
- Call Legal Helpline at 0161 696 9685
- Fill out the online enquiry form
- Ask a question using the chat feature below
Related Workplace Accident Claims
Below we have included some resources that you might find useful:
Construction industry accident statistics from the Health and Safety Executive (HSE)
An HSE guide to the safe operation of cranes
An NHS guide to head injuries and concussion
We hope this guide was helpful. If you have questions about claiming compensation for a crane injury, please get in touch with our team of advisors.
Written by HC
Edited by FS