This guide will explain the process for making a gardener injury compensation claim. We will look at how gardening accidents could happen, what types of injury you could potentially claim for and how much compensation you could be awarded for your injury.
We will examine an employer’s responsibilities concerning safety and training in the workplace, and how their failure to adhere to health and safety legislation could constitute a breach of their duty of care and lead to injury.
At the end of this guide, you will find an explanation of No Win No Fee Agreements and the advantages of working with a solicitor who offers their services under these terms for your personal injury claim following an accident at work. Links to further guides and information are provided at the bottom of this page.
If you have any queries relating to this guide or making your gardener injury compensation claim, you can get in touch with an advisor via the following:
Select a Section
- When Could You Make A Workplace Gardener Injury Compensation Claim?
- Common Work Injuries To Gardeners And Groundspersons
- What Evidence Supports An Accident At Work Claim?
- Payouts In Gardener Injury Compensation Claims
- Start Your No Win No Fee Workplace Injury Claim Today
- Further Gardener Injury Compensation Claim Resources
In order to make a gardener injury compensation claim, you need to satisfy these requirements:
- When the accident occurred, your employer owed you a duty of care.
- Your employer had breached this duty.
- Your employer’s breach of their duty caused you to be injured
The Health and Safety and Work etc. Act 1974 establishes an employer’s duty of care to their employers.
An employer has a responsibility to conduct regular maintenance of all work equipment, repair or replace any faulty equipment and educate employees on the risks posed to their health and well-being. It is likewise an employer’s responsibility to provide the appropriate training, supervision and instruction in the systems of work.
The time limit for initiating legal proceedings for a personal injury claim is 3 years from the accident date, per the Limitation Act 1980. However, in some cases, exceptions may apply, and an extension could be granted.
If you are unsure as to the eligibility of your gardener injury compensation claim for an extension or if you are within the time limit, contact our advisors, who can offer to connect you to our panel of personal injury lawyers if you have an eligible claim.
Due to the variations in terrain, seasonal conditions, the use of power tools and machinery, as well as its inherently physical nature, gardening can be hazardous work.
Listed below are some of the different ways a gardener could be injured at work and some of the gardening injuries that may be consistent with these types of accidents. The information in this list is non-exhaustive and intended as a guide only. Always seek the appropriate medical attention if you are involved in a gardening accident.
- Contact Injuries, such as chemical burns, from skin contact with fertilisers or weedkillers could be caused if an employer fails to supply personal protective equipment.
- Accidents caused by defective work equipment, for example, an employer failing to repair a hand saw, could result in traumatically amputated fingers.
- Permanent Scars: Gashes and lacerations from slips, trips and falls or power tool accidents could cause permanent scarring if the employee has no training on how to use them.
- Electric Shock: For example, if you were using a powered hedge trimmer that had not been properly maintained and received an electric shock.
Collecting a thorough body of evidence can help prove your employer breached their duty of care and that this breach was the cause of your accident. Evidence can also show the physical and emotional impacts of your injuries, as well as demonstrate any financial impacts.
- After receiving treatment, you can request a copy of any scans.
- Keeping a diary of your treatment and symptoms
- Report the incident in the workplace accident book.
- Request CCTV footage if available.
- Proof of defective work equipment. For example, records showing maintenance of power tools were not carried out.
- Witnesses’ contact details.
Workplace training records could show that the training for the use of machinery was not carried out; likewise, the risk assessments could have been inadequate or missing entirely. Unsafe practices can constitute a breach of your employer’s duty of care, and evidence of this will support your claim.
If you decide to work with a personal injury solicitor from our panel, they will collect evidence for your gardener injury compensation claim. As well as offering support with compiling a robust body of evidence, they can make sure you are within the time limit for personal injury claims.
Upon a successful claim, you will be awarded a personal injury settlement comprising compensation for your physical injuries as well as your emotional suffering. This is awarded under general damages.
The Judicial College Guidelines JCG contain guideline award brackets that your solicitor can use in conjunction with any collated medical evidence to calculate the value of your claim. It is important to note that personal injury compensation is calculated on the individual circumstances of each case. Therefore, this table is intended only as a guide.
JCG Amount Brackets
|Injury||Level of severity||Description||Amount|
|Neck Injuries||Severe (ii)||Serious fractures giving rise to severe disabilities, such as permanent loss of movement in the neck||£65,740 to £130,930|
|Moderate (ii)||Soft tissue or wrenching-type injury resulting in cervical spondylosis, serious movement limitation and recurring pain||£13,740 to £24,990|
|Back Injuries||Severe (ii)||Nerve root damage and assoicated loss of sensation||£74,160 to £88,430|
|Moderate (i)||Compression fracture of the lumbar vertebrae with a substantial risk of osteoarthritis and constant pain.||£27,760 to £38,780|
|Hand Injuries||Serious||Loss of mulitple fingers, or some fingers and part of the palm leaving the hand reduced to about 50% capacity||£29,000 to £61,910|
|Moderate||Crush injuries, penetrating wounds, soft tissue type and deep lacerations.||£5,720 to £13,280|
|Leg injuries||Severe (iii)||Serious compound or comminuted fractures resulting in instability, and prolonged treatment.||£39,200 to £54,830|
if your injuries have caused you to incur financial losses, these could be claimed as special damages. Examples of possible costs that could be reimbursed as part of your gardener injury compensation claim are listed below
- If you are unable to work due to your injuries, you could claim back your loss of earnings.
- Medical costs: such as prescriptions, therapy or care needs.
- Home alterations: If your injuries affect your mobility, you could claim for alterations to your home, for example, a stair lift.
Keep evidence of any financial losses, such as invoices.
Our panel of personal injury solicitors can offer you a No Win No Fee contract, known as a Conditional Fee Agreement. Under the terms of this contract, you will not generally have to pay any upfront or ongoing fees for the duration of your claim. You will not have to pay the solicitor for their work following an unsuccessful claim.
Upon the success of your claim, the solicitor will directly deduct a success fee from the compensation award. The success fee is a legally capped percentage of your award. This percentage will be established prior to the start of the claim.
Talk To Our Team
If you are unsure whether you could make a gardener injury compensation claim, contact our team. Our advisers can assess the validity of your claim and take you through the next steps.
To contact us, you can:
Here are some more of our guides that you may find useful.
- Learn more about what percentage No Win No Fee solicitors take in success fees.
- Find out if you could receive an interim payment during your personal injury claim.
- Read about what types of personal protective equipment could be used for manual handling.