A crush injury can be extremely painful and debilitating which in short means the damage leaves you unable to work or carry out normal everyday tasks. If you sustain any sort of crush injury at work, you could be entitled to file a personal injury claim against your employer providing you can prove they were negligent in their duty of care to keep you safe from harm in the workplace. From the LegalExpert Link below
Workplace Crush Injury Statistic
According to Health and Safety Executive statistics, there were 44 crush injury accidents at work that were reported during the period from 2013 to 2014. The injuries were sustained by employees when they were hit by a falling object, made contact with a moving part, hit by a moving vehicle and trapped under an item that fell apart or which was dislodged from where it was placed.
Each year around 600,000 workers suffer some kind of illness, disease and injury at work according to a Health and Safety Executive report that was published covering the period from 2016 to 2017. If you suffer a crush injury at work and would like to know if you have a strong case against a negligent employer, it is best to seek legal advice as early as possible because there is a 3 year time limit associated with all personal injury claims involving work-related accidents.
What is the Most Common Crush Injury in the Workplace?
There are various crush injuries that occur in the workplace but the most commonly reported are as follows:
- Crushed fingers
- Being hit by a forklift truck which results in a crush injury
- Having an object fall from a height onto an employee
- Suffering a crush injury when coming into contact with moving parts of equipment and machinery
If you have suffered any sort of crush injury at work and would like to find out how to file a personal injury claim against your employer, you should seek legal advice as soon as possible. A solicitor who specialises in crush injury at work claims would assess your case before advising you on how to proceed.
Do I Have a Valid Personal Injury Claim Against My Employer for a Crush Injury?
As previously mentioned, you have 3 years to file a personal injury claim against a negligent employer should you have suffered a crush injury at work through no fault of your own. Because you need to provide as much evidence as you can which includes proof that the accident occurred in the workplace due to employer negligence, it is far better to contact a solicitor who specialises in accident at work claims as soon as possible.
A specialist solicitor would advise you on what is needed to prove and strengthen your claim. Once a solicitor has assessed your case and has established you have a strong claim against a negligent employer, most would typically provide you with the necessary legal representation on a No Win No Fee basis, taking all the worry of finding the funds to pay a solicitor when filing a personal injury claim off the table.
What is the Procedure If I Suffer a Crush Injury at Work?
If you suffer a crush injury at work, there are specific steps you should take following the accident which not only provides the evidence needed that the incident occurred through no fault of your own but also strengthens a crush injury claim against a negligent employer. The steps you should take are detailed below:
- You should seek medical attention as soon as possible even if you think your crush injury is only minor
- Make sure the incident gets reported to the right person whether it is your employer or the person in charge
- You should make sure that the accident and your crush injury is recorded in the Accident Report Book. Should the company or business you work for not have an Accident Report Book, you should write down all the details of the accident and your injuries and send the information to your employer keeping a copy for your own records
- If necessary, you should ensure that your employer has reported the accident to the Health and Safety Executive
- Collect all witness contact details and statements
- You should record your injuries by taking photos of them
- You should take photos of where the incident occurred
Having records of a crush injury at work helps prove and strengthen your claim against a negligent employer because a court would look at the evidence before ruling the level of compensation you may be entitled to receive in a successful crush injury claim.
Can I Claim for a Crush Injury at Work if I Am a Temporary Employee?
Under UK law, all employees can file a personal injury claim against a negligent employer should they suffer any sort of injury in the workplace. Even if you have just started working as a temporary employee and you suffer a crush injury through no fault of your own, you could be entitled to file a personal injury claim against your new employer.
An employer must ensure that you are kept safe from harm in the workplace whether you are a temporary employee, an agency worker, a full-time or part-time employee or contractor or self-employed person who is carrying out work for an employer. If an employer fails in their duty to keep you safe, they could be held liable for your crush injury by a court and you could be awarded a level of compensation to suit the pain and suffering as well as any financial losses you incurred as a direct result of your crush injuries due to your employer’s negligence.
Can I Claim if My Crush Injury Was Caused by a Work Colleague?
You can still file a claim against your employer even if a work colleague was responsible for you suffering a crush injury at work. The reason being that an employer could be held liable for your injuries which is in legal terms is known as “vicarious liability”.
Can I File a Crush Injury Claim Against My Employer if I Am Partly Responsible?
You may still be entitled to file a crush injury claim against your employer even if you were partly responsible for the accident that left you injured from happening. However, if a court rules in your favour, you would be awarded a lesser amount because a judge would factor in your level of responsibility. An example being that if a court rules you were 25% responsible for the accident, you would receive 25% less compensation for a crush injury sustained in the workplace.
Do I Have Specific Rights Following a Crush Injury at Work?
Should you suffer a crush injury at work, under UK law you have certain workers’ rights which are as follows:
- You receive the compensation you deserve for an injury sustained in the workplace
- That your employer provides you with a safe environment to work in
- That your employer cannot fire you because you choose to file a crush injury claim against them
All employers in the UK must carry out “risk assessments” of a working environment on a regular basis. This is to identify any risks and dangers you may have to face whilst at work. Once hazards are identified, an employer must set in place measures to correct or control the dangers so that all employees are kept as safe as possible in the workplace.
What Can Be Included in a Crush Injury Claim?
There are specific things that can be included in a crush injury claim which are termed “general damages” and “special damages”. These are detailed below:
General damages and special damages
- The pain and suffering you endured as a direct result of a crush injury at work
- Your “loss of amenity” which covers your physical and mental capacity to do things that you would do prior to being injured at work
- Any loss of earnings you incurred
- Any loss of future earnings because you are unable to carry out the work you used to do prior to suffering a crush injury at work
- Your medical expenses whether ongoing or not
- The travel expenses you incurred as a direct result of your crush injury
- Care costs should you require assistance around the home or because you need to go into care
How is a Crush Injury Claim Calculated?
A court would take into account the complexity and severity of your crush injury and whether you would be able to work again or whether you would need to receive ongoing treatment because your injuries were so severe. As such, the level of compensation you may be awarded in a successful crush injury claim would reflect the extent of your injuries and the extent they negatively impact your well-being and daily life and ability to work again.
Will My Crush Injury Claim be Successful?
The success of your crush injury claim is strengthened by the evidence and proof you can provide that your injury was sustained through no fault of your own and due to employer negligence. A solicitor who specialises in accident at work crush injury claims would look at how and when your accident occurred, the extent of the crush injury you sustained before advising you on how best to proceed.
What is the Time Limit for Crush Injury at Work Claims?
As with all personal injury claims, there is a strict time limit when it comes to filing a crush injury claim against a negligent employer which is as follows:
- You have 3 years from the date of the accident at work that left you with a crush injury. If the injury occurred when you were under the age of 18, the time limit would begin when you turn 18 years of age
This may sound like enough time to gather all the information and evidence required when filing a crush injury at work claim against your employer. However, getting medical reports and other necessary proof that you sustained your injuries through no fault of your own can be time consuming. As such, you should seek legal advice from a solicitor who specialises in accident at work claims sooner rather than later when it comes to making a claim for compensation against your employer.
Working with a No Win No Fee Solicitor on a Crush Injury Claim
Filing a crush injury claim against a negligent employer can be a complicated legal process and it is important to get things right from the outset. As such, seeking legal advice from a solicitor who specialises in work-related accident claims is of paramount importance, more especially as there is a strict time limit associated with all personal injury claims.
A solicitor would assess your claim before offering advice on how best to proceed and if they believe you have a strong case against a negligent employer, they would offer to work with you on a No Win No Fee basis. This means that you would only pay a “success fee” for the legal representation they provide when filing a crush injury claim through the courts. Should your claim not be successful, there would be nothing to pay the solicitor.
The solicitor would draw up a Conditional Fee Agreement (CFA) which outlines the terms and conditions of the agreement and the percentage you agreed to pay for their legal representation. The amount you would have to pay would be deducted directly from the amount a court awards you in a successful crush injury claim bearing in mind that most work-related personal injury claims are settled before they even get to court. In which case, the solicitor would deduct their fees from the amount your employer’s insurers agree to pay you in a final settlement on a successful crush injury claim.