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:
Select A Section
- The Law Governing Crane Accidents
- Case Study – A Fatal Crane Accident At Work
- How Could A Crane Accident Happen?
- What Evidence Could Help Prove My Claim?
- How Much Compensation Could I Claim?
- Start A No Win No Fee Workplace Accident Claim
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:
- The Construction (Design and Management) Regulations 2015. This aims to improve health and safety in the construction industry. It outlines the responsibility an employer has to identify risks and put measures in place to control them. It also means those appointed to work on a project must have the skills, knowledge and experience to fulfill the role.
- The Personal Protective Equipment at Work (Amendment) Regulations 2022. This outlines an employer’s responsibility to provide free personal protective equipment where necessary to their employees. For example, a hard hat which can reduce the risk of employees being injured by falling items on a construction site.
- The Working at Height Regulations 2005. This is in place to prevent death and injury caused by a fall from height. Responsibilities can include ensuring the right type of equipment is used and work from a height is properly planned.
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.
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.
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.
- 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.
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.
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.
|£240,790 to £300,000
|The loss of both arms.
|Amputation (b) (i)
|Not less than £137,160
|One arm is amputated at shoulder level.
|Moderately Severe (b)
|£219,070 to £282,010
|The injured person will be very severely disabled and considerably dependant on others.
|Severe (a) (i)
|£91,090 to £160,980
|The most severe of injuries that include damage to the spinal cord and nerve roots.
|Amputation (a) (iii)
|£104,830 to £137,470
|An above the knee amputation of one 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.
|Severe (a) (ii)
|£65,740 to £130,930
|Permanent damage to the brachial plexus is included in this bracket.
|£12,770 to £19,200
|Shoulder dislocation with damage to the brachial plexus. There is a significant disability.
|Up to £13,740
|Less serious, minor or undisplaced fractures are included in this bracket.
|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.
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:
- Minor personal injury claims explained
- Compensation after a fatal accident
- I slipped at work and injured my back, can I make a claim?
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