Crane Accident At Work – Could You Claim Compensation?

By Danielle Newton. Last Updated 9th May 2023. You might be able to claim if you have been injured in a crane accident at work. This is because all employers owe their employees a duty of care while at work. If they fail to uphold this duty, resulting in you being injured, this constitutes negligence. If you have evidence of negligence, you could make a personal injury claim.

This guide will look at the process of making an accident at work claim for a personal injury including the steps you can take to support your potential case.

For example, we will explore what evidence you can gather and how to do so and the benefits of working with a personal injury solicitor. 

Furthermore, we will discuss the compensation you could be owed as well as the factors that can influence your potential settlement.

We will also explore examples of how a crane accident could occur and the injuries that could be sustained as a result.

For more information, you can speak directly with an advisor from our team who can answer any questions you have. They are happy to help you 24 hours a day, 7 days a week. To get in contact: 

a man making checks to ensure there isn't a crane accident at work

Select A Section

  1. The Law Governing Crane Accidents
  2. Case Study – A Fatal Crane Accident At Work
  3. How Could A Crane Accident Happen?
  4. What Evidence Could Help Prove My Claim?
  5. How Much Compensation Could I Claim?
  6. Start A No Win No Fee Workplace Accident Claim

The Law Governing Crane Accidents

The Health and Safety at Work etc. Act 1974 (HASAWA) establishes the duty of care that is owed by employers. The legislation states that employers must take all steps that are considered reasonable and practicable, to prevent the risk of harm to employers while at work. 

Whilst HASAWA is the overarching piece of workplace health and safety legislation, there are other pieces of legislation that outline an employer’s more specific responsibilities. For example:

If an employer fails to uphold their duty of care, leading to an employee being injured, this is negligence, for which you may be able to seek compensation. Get in touch to find out more about making a claim for a crane accident at work.

Case Study – A Fatal Crane Accident At Work

Below, we have provided a figurative case study detailing how an employee could have sustained fatal injuries in a crane accident at work.

Andrew was tasked with operating a crane, however, no planning had been carried out to assess the risks of working with this type of equipment or working from a height. As a result, there were hazards that hadn’t been addressed.

As a result, he fell from the crane and sustained a severe head injury as well as a severe back injury. He later passed away as a result of his injuries. 

If one of your loved ones has passed away after being involved in an accident at work due to employer negligence, get in touch to understand whether you could make a fatal accident claim on their behalf.

How Could A Crane Accident Happen?

If you have been injured in a workplace accident, you may be eligible to make a personal injury claim. However, to be able to claim compensation for a crane accident, you will need to prove that negligence occurred.

There are various ways that you could be injured by a crane at work. For example, poor maintenance and a lack of regular checks could result in the crane boom hoist ropes failing, which could cause you to suffer an injury at work. Additionally, when using a crane at work, it is vital that your employer ensures you have received the correct training. Without the appropriate training to carry out your job safely, you could easily suffer an injury, such as one that affects your back, or a foot injury if a colleague runs over you.

The Health and Safety Executive (HSE) are a government agency set up to enforce health and safety regulations. To help avoid a crane accident, they advise:

  • Securing crane booms in accordance with the manufacturer’s guidance when high winds are forecast.
  • Not allowing slackrope to form between the sheaves in the frame.
  • Conduct crane pre-use checks that ensure the ropes are correctly seated and running in the sheaves.
  • When new ropes are fitted, ensure that the method of installation reduces the possibility of a twist.

If you have suffered a workplace injury, and are unsure whether you could make an accident at work claim, you can contact our advisors. They could offer you free advice for your potential claim and answer any questions you may have.

What Evidence Could Help Prove My Claim?

As part of the claims process, it can help to gather evidence that you sustained injuries due to your employer breaching their duty of care. This can include:

  • Medical records – Seeking medical attention to assess your physical and emotional state can also generate medical records that can serve as evidence to support your case.
  • Incident report – Fill out the accident at work book with details of the incident and injuries you sustained. You can request a copy of this report to use as evidence.
  • Witness contact information – Gather witness details from those who could provide a statement at a later date.
  • Photographic or video footage – You can request CCTV footage of the incident or take pictures of your injuries and the scene of the incident.

You should also seek legal advice as you look to begin your claim. Our advisors are available to offer you free legal advice. Please do not hesitate to get in touch if you have any more questions about the accident at work claims process.

How Much Compensation Could I Claim?

If your crane accident at work claim succeeds, your compensation may be split into general damages and special damages. Each head of claim seeks to compensate you for the different ways in which the injuries have affected you. 

General damages aims to compensate you for any physical or emotional pain and suffering that stems from the injuries sustained. For example, you might be awarded a payout after suffering a disabling arm injury. If this leads to psychological injuries, such as stress, anxiety, depression, or post-traumatic stress disorder (PTSD), this could also be reflected.

We have created a table using figures from the Judicial College Guidelines (JCG). This is a publication that solicitors and other legal professionals can use to help them when valuing general damages. However, these amounts should only be used as guidance. Due to each accident at work claim being unique, these figures are not guaranteed. 

Injury Severity Compensation Bracket Details
Arm Amputation (a) £240,790 to £300,000 The loss of both arms.
Arm Amputation (b) (i) Not less than £137,160 One arm is amputated at shoulder level.
Head Moderately Severe (b) £219,070 to £282,010 The injured person will be very severely disabled and considerably dependant on others.
Back Severe (a) (i) £91,090 to £160,980 The most severe of injuries that include damage to the spinal cord and nerve roots.
Leg Amputation (a) (iii) £104,830 to £137,470 An above the knee amputation of one leg.
Leg Severe (b) (iii) £39,200 to £54,830 A serious compound or comminuted fracture or injuries to joints or ligaments that require prolonged treatment.
Neck Severe (a) (ii) £65,740 to £130,930 Permanent damage to the brachial plexus is included in this bracket.
Shoulder Serious (b) £12,770 to £19,200 Shoulder dislocation with damage to the brachial plexus. There is a significant disability.
Ankle Modest (d) Up to £13,740 Less serious, minor or undisplaced fractures are included in this bracket.
Elbow Moderate or Minor (c) Up to £12,590 Injuries such as fractures, tennis elbow syndrome and lacerations.

Special damages could also be included in your settlement if you incur financial damages as a result of your injuries. For example, you might be out of work until you recover from your injuries. If this sees you suffer a loss of earnings, this may be reimbursed under special damages. 

It may also cover: 

  • Travel costs 
  • Medical expenses
  • Care costs 
  • Home adaptations 

If you would like a more detailed insight as to how much compensation you could be owed if your claim is won, please get in touch with our advisors. 

Start A No Win No Fee Workplace Accident Claim

Many claimants find it beneficial to work with a solicitor via a No Win No Fee agreement. This is because there are generally no fees to be paid for your solicitors services upfront or while your claim is ongoing.

You may be offered a Conditional Fee Agreement (CFA) if a personal injury solicitor from our panel represents you. A CFA is a type of No Win No Fee agreement which means, in the event of an unsuccessful claim, you will not have to pay your solicitor for the services they provide.

If your case is won, a law-capped success fee will be subtracted from the compensation you are awarded and paid to your solicitor.  

You can find out whether you are entitled to make a crane accident at work claim on this basis by getting in touch with an advisor from our team. If you do, they could connect you with a No Win No Fee solicitor from our panel. 

To get in touch: 

Read More About Accidents On Construction Sites

Here are some more of our own guides that might be helpful in relation to personal injury claims:

We have also included further reading that may be of benefit to you: 

Thank you for reading this guide on the steps you can take if you have been injured in a crane accident at work. If you have any other questions, please get in touch using the number above.

Article by EA

Publisher EI