Work vans play a vital role in many industries, from construction to delivery. However, if a vehicle isn’t properly maintained or is operated by someone without the right training, accidents can happen, often with serious consequences. In this guide, we explain when you could be entitled to make a work van accident claim and how to take the next steps toward compensation.
At Public Interest Lawyers, our solicitors can help you seek the compensation you deserve. With their combined decades of experience and expertise, they’ve seen every type of claim imaginable and have a proven track record of success. Whether it’s helping you gather supporting evidence, calculating a potential damages figure or negotiating a settlement on your behalf, as you’ll see below, there is so much our panel can do for you.
Your Questions Answered
- Does my employer need to look after work vehicles? Yes, keeping work vehicles in a state of good repair is a legal responsibility.
- Am I eligible to claim for a work van accident? To be eligible to make a work van accident claim, you’ll need to show that your employer, a colleague, or another road user was responsible for your injuries.
- What about financial losses? Financial losses can also be reimbursed if the work van accident requires you to be off work, you incur medical expenses or require additional care.
- Can I claim for a work van accident on a No Win No Fee basis? Yes you can. Our panel of solicitors offer eligible claimants very desirable No Win No Fee terms which we cover in detail towards the end of the page.
- What if I need additional advice? For free advice on making a work vehicle accident claim, speak to one of our friendly advisors today.
Our advisors are available 24/7 so whenever you choose to get in touch, we’ll have someone on hand to help. Talk to the team today via the details provided here:
- Phoning 0800 073 8803
- Clicking our ‘contact us‘ page.
- Chatting with an advisor via our live pop-up.
Jump To A Section
- Can I Claim Compensation For A Work Van Accident?
- How Much Work Van Accident Compensation Can I Get?
- Examples Of Work Van Accident Claims
- What Can Employers Do to Prevent Work Van Accidents?
- What Will I Need To Support My Work Van Injury Claim?
- How Long Is The Time Limit For An Accident In a Work Van Claim?
- How Long Will the Process Take?
- What Can Public Interest Lawyers Help Me With?
- More Information
Can I Claim Compensation For A Work Van Accident?
Yes, you can claim compensation for a work van accident provided that you can show that another party was at fault for the injuries you suffered. This party may be another road user or your employer. Thus, the key criteria for making a personal injury claim involve establishing:
- Another party owed you a duty of care.
- There was a breach of this duty.
- This directly caused you harm.
Below, we look at the duty of care owed by employers and other road users. If you haven’t heard this term before, it’s essentially the responsibility that third parties have towards the safety and well-being of others.
Work Van Road Traffic Accidents
Claims for work van road traffic accidents can be made if your injuries were the result of another road user. Everyone who uses the road, including motorists and pedestrians, must do so in a way that avoids causing injury or damage to themselves and others. This is their duty of care, which also requires them to abide by the Road Traffic Act 1988 and the Highway Code.
Work Van Accidents In The Workplace
Employers have a responsibility to prevent work van accidents in the workplace. Their duty of care is set out in legislation such as the Health and Safety at Work etc. Act 1974 and The Provision and Use of Work Equipment Regulations 1988 (PUWER).
Under the 1974 act, employers must take practical steps to ensure your health, safety, and well-being as a worker. The 1988 regulations, meanwhile, require employers to ensure that work equipment is correctly maintained, inspected, and used appropriately.
If you’d like to discuss your specific work van accident experience, please get in touch today.
How Much Work Van Accident Compensation Can I Get?
The amount of work van accident compensation you could get depends on the injuries you suffered, their severity, and your financial losses. Compensation for injuries is awarded through general damages, which cover your pain and suffering.
Our panel of solicitors often use the Judicial College Guidelines (JCG) to value general damages, as the text features suggested compensation brackets for numerous injuries. Below, you’ll find several brackets from the JCG (with the exception of the initial figure, which doesn’t come from the text). Since these brackets are only suggested, please keep in mind that they do not guarantee compensation.
| Harm | Severity | Compensation |
|---|---|---|
| Multiple injuries & special damages, e.g. medical costs, lost earnings, and travel expenses | Very Severe | Up to £1,000,000+ |
| Brain | Very severe, and there may be little/no language function | £344,150 to £493,000 |
| Paralysis | Paraplegia | £267,340 to £346,890 |
| Back | Severe (ii), nerve root damage and impaired mobility | £90,510 to £107,910 |
| Neck | Severe (iii), fractures, dislocations, or severe soft tissue damage | £55,500 to £68,330 |
| Shoulder | Severe, including cases of brachial plexus damage | £23,430 to £58,610 |
| Leg | Less serious (i) fractures or soft tissue damage | £21,920 to £33,880 |
| Foot | Moderate displaced metatarsal fractures | £16,770 to £30,500 |
| Whiplash tariff | With at least 1 minor psychological injury, 18 to 24 months | £4,345 |
| Whiplash tariff | Without psychological injury, 18 to 24 months | £4,215 |
Do The Whiplash Reforms Affect Work Van Accident Claims?
Yes, the whiplash reforms do affect how certain work van accident claims in England and Wales are made. The Whiplash Injury Regulations 2021 introduced these reforms as a new way to pursue compensation for road traffic accident claims that meet the following conditions:
- The injuries are valued at £5,000 or less.
- The claimant was over 18 at the time of the accident.
- They were a driver or passenger.
While whiplash payouts follow a fixed tariff, injuries valued above £5,000 are compensated in line with the JCG.
How Can Compensation Help After A Work Van Accident?
Successfully claiming compensation after a work van accident can help you recover your financial losses and support your recovery over the long term. If your injuries had a financial impact, then you may be reimbursed through special damages for various costs, such as:
- Loss of earnings, including any future income, contributions to a pension, or entitlement to overtime and bonuses.
- Medical bills, such as privately funded consultations, surgeries, treatments, and medications.
- Travel expenses incurred getting to and from medical appointments.
- Rehabilitation costs for physiotherapy, occupational therapy, and counselling.
- Care from family and professionals.
You must present documentation and evidence of any losses you intend to claim for, such as bank statements or invoices. The solicitors on our panel are experienced in handling work vehicle accident claims, so please get in touch to find out how one of them could help you.
Examples Of Work Van Accident Claims
Some examples of work van accident claims include collisions and incidents involving manual handling, slips, trips, and falls. Accidents can arise due to unsafe working practices, a lack of proper maintenance, or the failure to observe the rules of the road. Examples may include,
- Collisions with other vehicles, your work van may be struck on the motorway by a driver who fails to check the other lane or signal before moving across.
- Collisions with pedestrians, you may be struck by a work van if the driver fails to check their mirrors before reversing out of an entranceway.
- Manual handling accidents, these may be caused by improper lifting technique or a lack of appropriate equipment.
- Slips, trips and falls, could occur when exiting the vehicle. They may be caused by poor lighting in the workplace or defective steps which have not been well-maintained.
These are just some examples of when you could make a workplace or road traffic accident claim. Please get in touch with our advisors for further help and advice.
What Can Employers Do to Prevent Work Van Accidents?
Employers can proactively prevent work van accidents by properly maintaining vehicles and training staff. Proactive steps employers could take include,
- Ensuring proper vehicle maintenance is carried out in accordance with regulations such as PUWER.
- Ensuring drivers and other staff are suitably qualified and trained to operate such vehicles.
- Providing workers with relevant personal protective equipment, such as high-visibility clothing.
- Assess and manage potential hazards, such as operator fatigue or poor weather, and subsequently implement preventative measures. These steps may include appropriate journey planning and rest breaks.
- Ensuring proper loading procedures are observed, like workers using appropriate equipment where necessary.
If your employer failed to take reasonable steps to prevent your work van accident, you may be eligible to claim compensation. Contact us for further help.
What Will I Need To Support My Work Van Injury Claim?
To support your work van injury claim, you will need clear evidence of your accident and who was at fault for the harm you suffered. Your claim needs to be supported by evidence showing what happened, why the defendant is liable and how you were harmed. This may include:
- Photographic or video evidence showing the accident happen, the scene of the accident, or visible injuries to you and damage to the vehicle.
- Police reports if claiming for a road traffic accident.
- A copy of the accident log if claiming against your employer.
- Medical records from the hospital, walk-in clinic, or your GP.
- Road user contact details involved in the incident, as well as their vehicle registration and insurance.
A personal injury lawyer from our panel could assist in gathering and submitting evidence in support of your claim. You can find out more about this by chatting with an advisor.
How Long Is The Time Limit For An Accident In a Work Van Claim?
The time limit for a work van accident claim is generally 3 years. This is set by the Limitation Act 1980 and generally begins on the date of the accident. However, there are exceptions to this where the time limit is paused in cases where the injured person lacks sufficient mental capacity to claim compensation themselves or is under 18 and, therefore, too young to do so.
In either of these cases, someone else could claim on their behalf by acting as their litigation friend. Otherwise, the time limit will only take effect if and when a claimant turns 18 or recovers their mental capacity.
You can find out more about time limits by speaking with an advisor.
How Long Will the Process Take?
The claims process can take several months, depending on the complexity of your case. The more straightforward a claim, the quicker it may be settled. However, in instances where the defendant does not admit liability for an accident or where parties are unable to agree on a settlement, a claim may take longer to conclude.
In a small number of instances, this may involve going to court. While this is rare, our advisors can explain how a solicitor from our panel can help if this were to happen.
What Can Public Interest Lawyers Help Me With?
A solicitor from the panel here at Public Interest Lawyers can help you collect evidence, file your claim in time, and handle all communications with other parties. Just some of the benefits of working with our solicitors include:
- A clear explanation of the claims process.
- Explanations of legal terms.
- Help accessing physiotherapy and related services.
- An independent medical assessment.
What’s more, a solicitor from our panel could take on your case on No Win No Fee terms. This may be done through a Conditional Fee Agreement (CFA). By doing so, your solicitor would not ask for upfront payments for their work. You also wouldn’t be charged these fees during the claims process or if you lose.
Instead, your solicitor will only receive a success fee if they secure compensation on your behalf. This fee is small, as it’s taken as a legally limited percentage of the compensation.
Get In Touch With Our Advisors
You can get in touch with an advisor if you have been injured in a work van accident by:
- Phoning 0800 073 8803
- Heading to our ‘contact us‘ page.
- Talking to an advisor live.
More Information
More information and resources can be found below.
- View our guide on zebra crossing accidents.
- Find more information on HGV accident claims.
- Check how the manual handling accident claims process works.
Some external resources:
- Government information on driver hours.
- Further government advice on tiredness.
- NHS guidance on first aid.
Please contact us for more information on making a work van accident claim.