When Are You Eligible To Make A Construction Site Heavy Equipment Accident Claim?

In this guide, we explain when you could make a heavy equipment accident claim following an accident at work. At the beginning of the guide, we explain the eligibility criteria you’ll need to meet if you make a personal injury claim following a heavy machinery accident.

You’ll then read about the types of accidents that could result in heavy machinery-related injuries. As you move through the guide, we’ll explain what types of evidence you could use to present as strong a case as possible. You’ll also find out how compensation settlements are calculated following an accident in construction.

Finally, we provide guidance on how the No Win No Fee service offered by our panel of solicitors works and how you might benefit from it.

We offer a free initial consultation for all construction accident claims where we’ll answer your questions and provide no-obligation advice. To discuss your case, you can:

  • Call 0800 408 7825 to tell us about your machinery accident claim.
  • Connect to our 24-7 live chat service to talk about machinery accident claims.
  • Contact us online so that we can get back to you.

Our team is ready to help so please get in touch if you have any questions while reading the rest of this guide on heavy equipment construction injury claims.

a graphic showing the correct and incorrect ways to life heavy equipment

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When Are You Eligible To Make A Heavy Equipment Accident Claim?

Accidents at work with heavy equipment could lead to a compensation claim if you can prove the accident and injuries were caused by a breach of duty by your employer.

To help try and keep workers safe, several pieces of legislation have been enacted.

Firstly, the Health and Safety at Work etc. Act 1974 places a duty of care on employers. Employer’s duty of care is to ensure, your health, safety and welfare whilst working (so far as is reasonably practicable). The Health and Safety Executive, Britain’s workplace safety regulator, details the obligations contained within this Act.

Additionally, laws such as the Supply of Machinery (Safety) Regulations 2008 and the Provision and Use of Work Equipment Regulations 1998 mean employers have a duty to provide equipment that is fit for purpose, used safely and properly maintained to try and prevent injuries.

Finally, the Construction (Design and Management) Regulations 2015 is for those involved in running construction sites.

bSo, you could be entitled to begin a personal injury claim following a heavy machinery accident if:

  • At the point of your accident, your employer or another party responsible for your safety, such as the contractor, if different from the employer, owed you a legal duty of care.
  • A breach of that duty caused the accident to occur.
  • You sustained injuries as a direct result of the accident.

There are different companies and staff all working alongside each other on a construction site, so it may not always be your employer that could be liable for the accident in which you were injured. To make a personal injury claim for a construction site accident against another third party, the eligibility criteria are very much the same.

If you believe you have a valid heavy equipment accident claim based on the criteria above, why not speak to one of our advisors? Personal injury claims for a machinery accident can be assessed for free, and if you have a valid claim, you could be connected to a solicitor from our panel.

a man lying on the ground after suffering a construction accident

How Could A Heavy Machinery Accident Be Caused By Employer Negligence?

You could be wondering how much compensation could you be awarded for accidents involving machinery. If you are to make a successful heavy equipment injury claim, you must prove your accident was caused by a breach of duty by your employer. This is how negligence is defined in tort law and it must be proven to make a personal injury claim valid.

The following list provides a few examples of how heavy equipment or machinery accidents could be caused by employer negligence:

  • A construction worker was trapped against a wall by a dumper truck that was being driven by an untrained driver (as instructed by the site manager). This caused a severe shoulder injury involving damage to the brachial plexus.
  • After being told to use faulty heavy equipment by her employer, a worker suffered a traumatic amputation of her arm. As well as the physical implications of her injury, she suffered psychologically as well.
  • A worker was struck by the load on a crane because the lifting and moving of the load was not planned by a competent person. As a result, the worker sustained a serious brain injury and was left paralysed.

These are just a few examples of the types of machinery accidents on building sites that could lead to a serious injury. If you believe you’re entitled to make a heavy equipment accident claim, why not speak one of our advisors today?

If you’d like to find out more about the injuries that can be suffered on a construction site, our detailed guide offers lots of answers here.

When Can You Claim For Fatal Heavy Equipment Accidents?

Unfortunately, the worst heavy equipment or machinery accidents can lead to fatalities. As per the claims criteria set out above, you could claim compensation if a loved one has died following a construction site accident caused by their employer’s breach of their duty of care.

Firstly, the Law Reform Miscellaneous Provisions Act 1934 allows claims to be made on behalf of the deceased’s estate. If that claim isn’t made within the first six months following the fatality, the Fatal Accidents Act 1976 allows those who qualify as dependents of the deceased to claim compensation as well.

If both claims are made, the settlement may be made in one payment and could cover:

  • Funeral expenses.
  • Loss of consortium.
  • Financial dependency (if the claimant relied on the deceased’s earnings for example).
  • Loss of services.

For more advice on how fatal accident claims following a heavy equipment accident, please speak to a member of our team.

Evidence That Could Help In A Machinery Accident Claim

To help prove a heavy equipment accident claim, evidence will need to be supplied. This should demonstrate how and why you were injured, who was to blame and how your injuries have affected you.

Examples of evidence that could strengthen a heavy equipment or machinery claim include:

  • Dashcam or CCTV footage of the accident.
  • Medical records along with a diary of your treatment.
  • Details for anybody who witnessed the incident.
  • A copy of an accident report form.
  • Photographs of what caused the accident, any visible injuries and the accident scene.

If you work with a construction accident solicitor from our panel, part of their service might involve collecting further evidence if it is needed.

Before then, you can ask us to review your evidence for free to give you a better understanding of whether you have a valid claim.

What Compensation Could You Receive From A Heavy Equipment Accident Claim?

The first head of loss that could make up your compensation following a successful heavy equipment accident claim is called general damages. It aims to compensate for any pain, suffering and loss of amenity linked to your injuries.

To help value your injuries, a medical assessment with an independent specialist might be arranged. Their report could be used in conjunction with the Judicial College Guidelines (JCG) to help calculate the correct level of compensation.

The JCG lists guideline settlement brackets for various injuries so we’ve used it in the compensation table below. However, as each claim will differ from the next, the amounts listed are not guaranteed.

Compensation Table

The figures in the first row of our table do not come from the JCG. They are included, however, for illustrative purposes.

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Injury Category Bracket Guidance Details
Multiple Severe Injuries and Special Damages Severe Up to £1,000,000 + Compensation for multiple severe injuries causing physical and psychological pain. Also includes special damages to cover medical expenses, care costs lost income and home modifications plus other costs.
Injuries Resulting From Brain Damage Very Severe £282,010 to £403,990 The injured party may have some ability to follow basic commands and there may be some postural reflex movement, a return to waking and sleep patterns with recovery of eye opening.
Moderately Severe £219,070 to £282,010 Substantial dependence on others with the need for professional care will be the result of a very serious disability.
Epilepsy Established Grand Mal £102,000 to £150,110
Deafness/Tinnitus Total Deafness £90,750 to £109,650 The higher end of this bracket covers cases with established tinnitus and speech deficit.
Neck Injuries Severe(i) Around £148,330 For example, where the claimant suffered incomplete paraplegia because of their neck injury.
Amputation of Arms Loss of One Arm (i) Not less than £137,160 Loss of a single arm with amputation at the shoulder.
Leg Injuries Amputations(iii) £104,830 to £137,470 An above the knee amputation of one leg.
Back Injuries Severe(i) £91,090 to £160,980 The most severe back injuries involving spinal cord and nerve root damage. For example, back injuries that cause incomplete paralysis and severe pain and disability.

If you’d like us to assess the value of a heavy machinery accident for free, please call the number above today. Our advisors could give you an estimate of how much compensation you could be entitled to in personal injury compensation.

an image of a calculator which can be used to help calculate compensation amounts

Claiming Financial Losses In A Machinery Accident Claim

Another head of loss, special damages, could also contribute to any settlement you receive. That might be the case if your injuries have left you out of pocket. For example, your award could include compensation to cover:

  • Medical and rehabilitation costs.
  • Care and support costs.
  • The cost of adapting your home to make access easier if you’ve been left disabled.
  • Loss of earnings.

These losses, should you claim them, will need to be proven with evidence such as pay slips, receipts and bank statements. Personal injury claims for a machinery accident can be assessed for free, and if you have a valid claim, you could be connected to a solicitor from our panel.

Who Could Make A No Win No Fee Machinery Accidents Claim

The solicitors on our panel provide a No Win No Fee service for any heavy equipment accident claim they accept.

The type of contract they’ll work to is called a Conditional Fee Agreement (CFA) which means that you:

  • Aren’t asked to pay for your solicitor’s work in advance.
  • While the claim progresses or if it fails, you do not pay for your solicitor’s services.
  • If you are compensated, a success fee will be deducted from your payout. This percentage of the deduction is capped by law for your protection.

an image of a No Win No Fee Accident At Work Solicitor offering advice

To check if you could claim for a heavy equipment accident on a No Win No Fee basis, you can:

  • Call 0800 408 7825 to talk to an advisor about your machinery accident claim.
  • Connect to our 24-7 live chat service.
  • Contact us online so that we can get back to you.

Learn More About Claiming For Injuries Caused By Heavy Equipment Or Machinery

Here are a few more of our guides that could help you further:

Finally, please feel free to browse these external links:

Should you need to know anything further about making a heavy equipment accident claim, please call the number above.