This article will give you information about crush injury at work claims and how they function. Additionally, we will discuss when you may be eligible to claim, the compensation you could receive should your claim succeed, and the benefits of using No Win No Fee solicitors.
In injury at work claims, evidence is crucial to receiving compensation. It is essential to prove that your employer’s negligence led to you being injured. In this guide, we’ll look at the evidence you could use to support your claim.
Your employer owes you a duty of care in the workplace. If this is breached, it could result in an accident that causes you harm. You might be entitled to work accident compensation if you were injured due to your employer’s negligence.
Get in touch with us for free legal advice on the validity of your accident at work claim:
- Call the number at the top of the page.
- Fill out our contact us form online.
- Chat with one of our advisors through the live chat feature on our website.
Crush injury at work claims guide
Crush Injury At Work Claims – A Guide To Claiming Compensation
A crush injury occurs when a body part has been subjected to a high degree of pressure that could involve it being forced between two heavy objects. In some instances, this type of injury can lead to compartment syndrome.
The main piece of health and safety legislation regarding the standard of an employer’s duty of care in the workplace is the Health and Safety At Work Act 1974 (HASAWA 1974). The Health and Safety At Work Act 1974 applies to employers in Great Britain.
Section 2(1) of the HASAWA 1974 outlines that the duty of care for employers is to take all reasonably practicable steps to ensure the health, safety, and welfare of their employees at work.
An employer does not need to do everything in their power in the workplace to ensure the safety of their employees. Based on the legal provision, they only need to do what is reasonable and practicable. Something that will be considered when deciding whether a step is reasonably practicable or not is whether the risk that is posed is proportionate to the steps that are taken to ensure employees’ safety in the workplace.
In order to make a crush injury at work claim, you must prove that you were injured due to employer negligence. Negligence involves your employer breaching the duty of care they owe you.
If you would like to know more about crush injury at work claims, speak with one of our advisors today.
When Are You Able To Claim Compensation For A Crush Injury?
As explained in the previous section, it is a legal requirement under the HASWA 1974 for every employer to fulfil the duty of care that they owe their employees. However, if the duty of care owed to you has been breached, resulting in a crush injury, then you may be eligible to claim compensation.
Below, we have included examples of some scenarios that could entitle you to claim:
- Suffering a crush injury in a construction accident due to faulty equipment being used on site. If this is because the equipment has not been sufficiently safety checked, you may be able to claim compensation. Regular maintenance of equipment is part of an employer’s duty of care.
- You could be entitled to make a forklift accident claim if a forklift driven by someone without training ran over your foot, crushing it. As part of their duty of care, employers should ensure that all employees have the training they need to do their job safely.
- You could suffer a finger injury because an unsecured shelving unit fell from the wall and onto your hand. This could result in you needing an amputation as the finger is too badly crushed to repair. Good housekeeping in the workplace is part of an employer’s duty of care, and means that they should ensure fixtures are securely attached for example.
If you would like guidance on the process of claiming compensation, then please get in touch with our team today. You could be connected with a No Win No Fee solicitor from our panel if you have a valid claim.
What Evidence Could Help You In Crush Injury At Work Claims?
Evidence could help your claim. Firstly, it is important to get the required medical attention to determine the nature of the injury; this will also give you the best chance of receiving prompt medical treatment and making a recovery.
You could also do the following in support of your claim:
- Gathering evidence showing what happened. This includes taking witnesses’ contact details, requesting CCTV or taking photos.
- Keeping a diary of your treatment and symptoms to show how they’ve impacted your quality of life.
- A report of the accident at work from the accident book. Having an accident book on site is a legal requirement for a workplace with 10 or more employees.
The standard accident at work claim time limit is three years. This can be from the date of the accident or the date that you became aware that your injuries were caused by your employer’s negligence. The time limit is established in the Limitation Act 1980.
Some exceptions can apply to these time limits, however. If you would like to know how long you have to start a claim, speak with an advisor today. They can answer questions you have about crush injury at work claims.
What Is My Potential Workplace Injury Compensation Payout?
There are two heads of claim that may be awarded in successful crush injury at work claims:
- General damages will aim to compensate you for the physical and emotional suffering experienced due to your injuries.
- Special damages aim to reimburse you for any financial losses which have resulted from your injuries.
Compensation for a workplace accident can be calculated using figures from the Judicial College Guidelines (JCG). The JCG is used by legal professionals to help them value claims. Below is a compensation table with a list of injuries and their associated guideline compensation brackets taken from the JCG.
| Type of Harm | Description | Compensation |
|---|---|---|
| Brain Injury- Very Severe | Little to no meaningful response to the environment. There will also be the need for full time care. | £282,010 to £403,990 |
| Arm Injury (a) | Loss of both arms which has reduced a person with full awareness to a state of considerable helplessness. | £240,790 to £300,000 |
| Arm Injury (b) (i) | Loss of one arm due to amputation at the shoulder because of the crush injury. | Not less than £137,160 |
| Hand Injuries (a) | Complete or effective loss of both hands. | £140,660 to £201,490 |
| Hand Injuries (c) | Complete or effective loss of one hand. | £96,160 to £109,650 |
| Hand Injuries (b) | Both hands are seriously damaged. | £55,820 to £84,570 |
| Hand Injury - Less Serious (g) | This bracket includes a severe crush injuries that impair function to a significant degree. | £14,450 to £29,000 |
| Hand Injuries- Moderate (h) | Moderate hand injuries that such as crush injuries, penetrating wounds, deep lacerations, and soft tissue damage. | £5,720 to £13,280 |
| Leg Injury (iv) | This bracket includes complicated or multiple fractures of severe crushing injuries, generally affecting one limb. | £27,760 to £39,200 |
| Toe Injury - Severe (c) | Severe crush injuries, leading to amputation of one or two toes. | £13,740 to £21,070 |
You should only use these figures as a guide. This is because there are a number of factors that can impact the amount you receive, and these will be based on your individual circumstances.
You will be expected to provide evidence in order to claim special damages, too. For example, you might show invoices or receipts for adaptations you have had to make to your home to cope with a permanent disability.
If you would like guidance on the evidence you could collect in support of a claim, speak with a member of our team today.
Why Claim For An Accident At Work On A No Win No Fee Basis?
You may be interested in working with an accident at work solicitor who can represent your claim under a No Win No Fee arrangement. There are different types of these arrangements, which includes a Conditional Fee Agreement (CFA).
This kind of agreement generally allows you to access legal representation without paying any upfront fees. Additionally, there are usually no fees to pay for your solicitor’s services if your claim doesn’t succeed.
However, if you successfully receive an accident at work settlement, you’ll pay your lawyer a legally limited success fee. This comes out of the compensation awarded. To discuss crush injury at work claims, contact our team today. Our advisors can put you through to a solicitor if your claim is valid and has a chance of success.
Contact us for free legal advice to see if you can claim for an accident at work:
- Call the number at the top of the page.
- Fill out our contact us form online.
- Chat with one of our advisors through the live chat feature on our website.
Learn More About Making Crush Injury At Work Claims
Thank you for reading this article on crush injury at work claims.
We have included some resources for you to explore below.
- Health and Safety Executive- Employer’s Responsibilities
- Gov.uk- Statutory Sick Pay
- NHS- First Aid
Writer Saif Styles
Publisher Fern Summers
