You can sustain a crush injury in multiple ways and in different settings, including at work or in a public space. However, if you believe you are eligible to make a personal injury claim, you must be able to prove that you sustained your injury because of a third party’s negligent actions. In this guide, we will discuss everything you need to know about making crush injury claims.
We will explain what criteria you must satisfy in order to have good grounds to claim compensation. This is illustrated with examples to help you understand the claims criteria. Furthermore, we also consider claims on behalf of deceased persons.
Additionally, we provide information about how crush injury compensation could be awarded, looking at how you can recover any financial losses caused by the injury as part of your settlement.
If you meet the eligibility requirements of a valid claim, you may wish to get help from a personal injury solicitor. Our panel of solicitors are here to help you every step of the way and holds robust expertise in crush injury claims. Please use the contact details below to connect with our expert team today:
- Call us on 0800 408 7825
- Contact us online
- Talk to us using our live chat
Jump To A Section
- Can I Make A Crush Injury Claim?
- What Can Lead To A Crush Injury?
- The Average Compensation Amounts For Crush Injury Claims
- How Much Time Do I Have To Start A Claim For Crush Injuries?
- The Crush Injury Signs And Symptoms
- What Complications Could Crush Injuries Lead To?
- What Are The Funding Options To Claim For Crush Injuries?
- Why Should I Start My Claim With Public Interest Lawyers?
- More Information
Can I Make A Crush Injury Claim?
Yes, you can make a crush injury claim as long as you satisfy specific eligibility criteria. You will need to be able to prove that an individual or organisation owed you a duty of care and they breached it, and you consequently suffered an injury.
- Someone owed you a duty of care
- They breached this duty
- You sustained a crush injury
We all owe a duty of care to others; however, depending on the setting and the individuals involved, the scope and regulation of this duty can vary. Please read the following examples:
- Your employer’s duty of care is legally regulated under the Health and Safety at Work etc Act 1974
- The Occupier of a public space must uphold their duty of care to the public under the Occupiers’ Liability Act 1957
- Road users must uphold their duty of care in compliance with the Road Traffic Act 1988 and the Highway Code
We will discuss the above duties of care in more detail later on in the guide.
What If I Want To Claim On Behalf Of A Loved One?
If you want to claim on behalf of a loved one, you can do so as a legally appointed litigation friend. You will be responsible for any decision making, representation and communication with legal practitioners if your loved one is unable to do so independently.
In order for your loved one to be eligible for a litigation friend, they must not be able to claim for themselves. These parties include:
- An adult who lacks the mental capacity to file a claim
- A child under the age of 18 who is too young to claim
Fatal Crush Injury Claims
If you have lost a loved one in a fatal crush injury and want to pursue a claim, you might be eligible to make a fatal accident claim under the Fatal Accidents Act 1976. However, as per the Law Reform (Miscellaneous Provisions) Act 1934, only the estate of the deceased can make a claim within 6 months following the death.
The estate can claim for any pain and suffering the deceased experienced, any financial losses the fatal injury or injuries have caused, as well as the negative impact the death has had on the dependents. However, if the estate fails to claim on behalf of the dependents within the first 6 months after the death, this allows the dependents to pursue their own fatal crush injury claim. This includes losses like:
- Funeral costs
- Loss of services, in the event that the deceased was responsible for childcare
- Loss of consortium, otherwise known as the loss of a special person or the loss of a relationship
- Loss of dependency, for example, loss of earnings
If you have lost a loved one because of a fatal crush injury, please call us today so we can support you during this difficult time.
What Can Lead To A Crush Injury?
Many factors can lead to a crush injury occurring, and, as discussed earlier in this guide, a failure to fulfil a duty of care across various settings can lead to these types of injuries. Please find some examples below.
Accidents At Work
Your employer has a legal obligation to uphold their duty of care towards you while you are working. They will be regulated under the Health and Safety at Work etc Act 1974 and are expected to take reasonable steps to ensure your safety while performing workplace duties.
If your employer fails to comply with these reasonable steps to keep you safe and you sustain a crush injury as a result, they may have breached their duty of care to you, and you may have an eligible claim. An example of this might be:
- An employer fails to provide adequate training to their employee on how to use a dangerous piece of machinery. The employee’s hand is crushed while using the equipment and later requires an amputation
Road Traffic Accidents
All road users, including drivers, motorcyclists, cyclists and pedestrians, have a legal responsibility to uphold their duty of care towards others and themselves while using the roads in compliance with the Road Traffic Act 1998 and the Highway Code. An example of failing to do this might be:
- A driver is arguing over the phone while driving and fails to notice an oncoming zebra crossing. A pedestrian is hit while crossing the road and is crushed between the car and a brick wall, sustaining a paralysis injury
Public Liability Accidents
When you are in a public place, the occupier who is responsible for that space is also responsible for upholding their duty of care towards you. The occupier is a person or party, for example, a business owner, and they uphold their duty of care by taking steps to ensure your reasonable safety under the Occupiers’ Liability Act 1957. An example of an occupier failing to uphold their duty of care might be:
- A church fails to attend to structural damage, and a falling object crushes a visitor’s legs
If you have suffered a crush injury in the workplace, on the roads or in a public place and want to pursue a crush injury claim, please get in contact with us so we can advise you on the next steps.
The Average Compensation Amounts For Crush Injury Claims
To arrive at the average compensation awarded for crush injury claims, you would first need to find the number of claimants. Then you would have to add up all of the settlement amounts and divide by the claimant number for any given time span. However, knowing this average compensation amount would prove of no use to you or your claim. This is because settlements are decided on a claim’s individual merits.
Please find below a table showing some of the injuries you could suffer in a crushing accident. The figures provided have been selected from the Judicial College Guidelines (JCG), a publication which helps guide legal practitioners in calculating settlements for their claimants. Specifically, the JCG is a document which contains a collection of compensation brackets based on a wide variety of different injuries. Your personal injury solicitor might use the JCG to assist them in valuing your own crush injury claim.
However, please note that the first figure in the table below is not sourced from the JCG, and the figures below are intended to serve as a guide only.
| Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Serious Injuries with Special Damages | Multiple Injuries | Up to £1 million+ |
| Paralysis | Tetraplegia | £396,140 - £493,000 |
| Paralysis | Paraplegia | £267,340 - £346,890 |
| Leg Injury | Amputations Loss of Both Legs | £293,850 - £344,150 |
| Leg Injury | Severe (iv) | £33,880 to £47,840 |
| Amputation of Arms | Loss of One Arm (i) | Not Less Than £167,380 |
| Hand | Total or Effective Loss of One Hand | £117,360 to £133,810 |
| Hand | Less Serious | £17,640 to £35,390 |
| Hand | Moderate | £6,910 to £16,200 |
| Toe | Severe | £16,770 to £25,710 |
How Will My Crush Injury Compensation Be Calculated?
Your crush injury compensation will be calculated by taking into consideration a range of factors which will determine your final settlement. Legal practitioners will take into account specific details such as:
- The type of crush injury you have suffered and how severe it is
- How long your recovery period is expected to be
- Whether you have experienced any financial losses
In the event that your crush injury claim is valid, your personal injury solicitor will consider two heads of compensation: general damages and special damages. The former is paid to you to compensate for any pain and suffering you have experienced because of your crush injury. Similarly to above, your legal professional will need to consider certain details in relation to general damages, like:
- How severe your crush injury is
- Whether it has impacted your quality of life
- Whether you have experienced a psychological injury
- Whether you have undergone invasive treatment
- Whether you have sustained disfigurement or deformity
- Whether you will experience pain or suffering in the future
The latter head of compensation is special damages, and this is designed to compensate you for any money you have lost because of your crush injury. Some examples of this are:
- Adaptations to property
- Medical bills
- Loss of wages
- Loss of future earnings
- Missed overtime or bonuses
- Travel expenses
- Care costs
- Rehabilitation costs
- Any other out-of-pocket expenses
If you think that your crush injury is severe enough that it has put you under financial strain and that you deserve compensation in the form of special damages, you will need to prove your financial losses by providing documented costs. Some examples are:
- Invoices from rehabilitation care providers
- Bills from medical treatment
- Payslips showing loss of earnings
Can I Apply To Get Interim Payments?
Yes, you can apply for interim payments if the crush injury you have suffered is severe, such as a serious spine injury, and it has had a drastic effect on your financial stability.
Think of interim payments as an advance on your compensation, which can cover outgoings like mortgage payments or rent if you have had to leave work or will be on sick leave for a long period of time. In other words, interim payments are designed to prevent claimants from being disadvantaged by enduring money worries while the claim is ongoing. They are typically provided when it has been decided that the claimant will be successful, but the final details of the settlement are still being worked out.
If you can show that your circumstances warrant interim payments, your personal injury solicitor can make an interim payment request.
We know that getting your head around different types of compensation for the first time can be complicated, and that’s why we are here to help. Call us today.
How Much Time Do I Have To Start A Claim For Crush Injuries?
You will have 3 years to file a claim for a crush injury as per the Limitation Act 1980. Typically, the clock will start on the date you sustained your injury. If you fail to pursue a personal injury claim by the time the 3 years are up, your claim will be legally dismissed and labelled time-barred.
However, there are certain claimants who are unable to manage the claims process themselves. In these cases, such as minors or those without the mental capacity, the time limit is suspended until they can manage the process themselves. As discussed earlier, a litigation friend can make the claim on their behalf.
Please note that in the event of being unable to file a claim for reasons beyond your control, the court has no discretion to provide an extension on the limitation period. Consequently, it is crucial that you file a valid claim within the articulated timeframe.
It is important that you secure legal advice in order to file a crush injury claim on time. Unsure whether you have run out of time to claim? Get in touch so we can advise you.
The Crush Injury Signs And Symptoms
Crush injury signs and symptoms can vary depending on the site of the injury and how severe it is. To begin with, a crush injury occurs when a body part is pressed between two solid objects, causing excessive pressure or force to build, which results in an injury. Due to the nature of how the injury occurs, the wound site can be incredibly painful and shocking to look at, as bones, joints, ligaments, and internal organs will have sustained serious damage.
Below you will find a list of signs and symptoms which typically flag that a crush injury has occurred:
- Sudden and severe pain
- Bleeding and bruising
- Open wound lacerations
- Fractures or broken bones
- Nerve damage and numbness
- Limited movement
- Visible deformity
If you want to know more about what constitutes a crush injury or whether you have an eligible claim, connect with one of our expert advisors today.
What Medical Complications Could Crush Injuries Lead To?
Due to the nature and severity of a typical crush injury, it increases the likelihood of medical complications. Even if you think the injury is minor or doesn’t look as bad as what you imagined a crush injury to look like, it’s vital that you seek medical attention immediately due to the complications that can arise directly after injury. Below you can find examples of the medical complications that can happen:
- Hypovolemic shock: caused by severe loss of blood volume, preventing the heart from pumping enough blood around the body
- Hyperkalemia: having higher than normal levels of potassium in the blood, causing damage to cell membranes
- Degloving: where the skin and tissue are ripped away from the muscle, connective tissue or bone below the surface
- Compartment syndrome: where increased pressure inside a compartment of muscles restricts blood flow, potentially damaging muscles and nerves
- Kidney failure: when muscles are injured, a chemical is released called myoglobin; an excess of this is called rhabdomyolysis, which can cause acute kidney injury or kidney failure
As you can see, it’s not always as simple as recovering from the original crush injury. You might have to navigate long-term medical complications, which can make your recovery significantly more difficult.
Get in contact with one of our advisors if you have any questions about crush injury claims. Your settlement could also include compensation for any complications that you suffer.
What Are The Funding Options To Claim For Crush Injuries?
Here at Public Interest Lawyers, we have a funding option available for you to claim for crush injuries without being held back by your finances. We offer a No Win No Fee contract, known as a Conditional Fee Agreement (CFA). This means that if you pursue a crush injury claim with us, you will have access to the following benefits:
- You won’t be charged a fee for the solicitor’s services if your case loses
- You won’t have to pay any upfront solicitor service costs
- You won’t have to pay for the solicitor’s services while your claim is ongoing
- If your claim wins, you will pay something called a success fee. This is paid directly to your solicitor out of your compensation as a legally capped percentage
Reach out to our expert team so we can guide you through the wide range of funding options we offer.
Why Should I Start My Claim With Public Interest Lawyers?
You shouldn’t suffer crush injuries caused by someone else, and that’s why we’re here to put things right. Starting your claim with Public Interest Lawyers will gain you access to a wide range of services backed by polished expertise and extensive hands-on experience. We are dedicated to getting you the highest compensation you deserve because it’s only fair.
Below you will find a list of the services we can offer you:
- We can tell you if you have a strong claim
- Collect evidence on your behalf, such as police reports and witness statements
- Represent you in court proceedings and negotiations
- Explain to you how everything works in plain English, including your rights and any potential outcomes to your claim
- Offer you various funding options
- Get you access to medical treatment which you might not find on the NHS
- Show you a breakdown of how your compensation will be calculated
We hope that after reading our guide, you will feel more confident about how to make crush injury claims. However, we know this is a lot to take in, especially while you are recovering from an injury. So, let us alleviate the stress by helping you secure fair compensation. Get in touch with us today so that we can put your mind at ease and help you with your crush injury claim immediately.
Contact Our Advisors To Begin Your Claim
- Call us on 0800 408 7825
- Contact us online
- Talk to us using our live chat
More Information
Some more guides by us:
- Do you know a child who has suffered a crush injury? Read our guide on child injury claims.
- Read up on compensation amounts for broken bones.
- Are you suffering from PTSD after your crush injury? Read our guide on PTSD compensation.
Some additional resources:
- Be more informed about the specified injuries to workers by the Health and Safety Executive.
- Learn more about health and safety at work from GOV.UK to prevent crush injuries from happening.
- Information from the NHS about calling 999 and what is classed as a medical emergency.
Thank you for taking the time to read our guide on crush injury claims.