In this guide, we’ll explore how and when you could make a heavy equipment accident at work claim. Heavy equipment, also known as heavy machinery, can be found in a number of workplaces, from steamrollers on construction sites to waste compactors in department stores.
We’ll explore the criteria that your claim has to meet in order to be valid, alongside some examples of how a heavy machinery accident could occur.
Then, we’ll discuss compensation in personal injury claims, and how settlement awards are calculated.
You might be wondering how a legal professional could help you make a claim. We’ll explore the benefits of working with a solicitor, and how one of the No Win No Fee solicitors on our panel could help you.
Contact Our Team
Contact our team today to get started with your machinery injury claim. Our team of advisors can offer free advice, answer any questions you have regarding personal injury claims, and evaluate your case for free.
If it’s valid, they may then connect you with one of the expert personal injury solicitors from our panel.
Contact us online today to get started, or read on to learn more about claiming for workplace injuries.
Browse Our Guide
- When Are You Able To Make A Heavy Equipment Accident At Work Claim?
- How Could Heavy Machinery Cause An Accident At Work?
- What Compensation Could You Receive From A Machinery Accident Claim?
- What Evidence Could Be Used In A Heavy Equipment Accident At Work Claim?
- Claim For Machinery-Related Injuries On A No Win No Fee Basis
- Read More About Claiming For Accidents With Heavy Equipment
When Are You Able To Make A Heavy Equipment Accident At Work Claim?
If you were injured at work by heavy machinery, you might be wondering if you can make a compensation claim. While these kinds of accidents can cause life-changing injuries, not all will qualify for compensation.
In order to form the basis of a valid machinery accident claim, you first need to prove that you were owed a duty of care.
While you are working, your employer owes you a duty of care, as outlined under the Health and Safety at Work etc. Act 1974 (HASAWA). This legislation demands that employers take all reasonably practicable steps to ensure that their employees are safe while working. This could include performing regular risk assessments and maintenance checks, and providing employees with personal protective equipment (PPE) when required.
Additionally, the Provision and Use of Work Equipment Regulations 1998 (PUWER) places a duty on companies and people who own, have control over or operate work equipment. This includes ensuring that equipment is suitable for its intended use, regularly inspected and maintained and ensuring all staff who use this equipment have received appropriate training on how to use it.
To be eligible to make a heavy equipment accident at work claim, you will need to meet the following criteria:
- Someone else owed you a duty of care.
- This duty was breached.
- You suffered mental or physical harm as a result of the breach.
It’s important to note that lots of heavy equipment and machinery are used on construction sites. While working on a construction site, various parties may owe you a duty of care, such as your employer, the site manager and the main contractor. Depending on who owed you a duty of care at the time of your accident will affect who you would make your claim against.
How Do I Claim For Fatal Heavy Equipment Accidents?
If a loved one died in an accident at work due to dangerous machinery or faulty equipment, you may be able to make a claim on their behalf. However, you will need to ensure the case meets the eligibility requirements set out above.
Under the Law Reform (Miscellaneous Provisions) Act 1934, only the deceased’s estate can make a death at work claim within the first six months. This claim can include compensation for the deceased’s pain and suffering, as well as the dependents.
If no claim is made on behalf of the dependents within this time frame, certain relatives can claim for themselves under the Fatal Accidents Act 1976 (FAA) for how the death has affected them. Under this legislation, qualifying relatives can potentially claim for:
- Funeral costs.
- Financial dependency, such as lost earnings if the deceased was the main breadwinner.
- Loss of consortium, also known as loss of a special person.
- Loss of services, for example, if the deceased provided childcare.
To see whether you could make a fatal heavy equipment accident at work claim on behalf of a loved one as either their estate or a dependent, you can contact our advisors. Alternatively, if you have been injured in a workplace accident, they could inform you whether you may have a valid personal injury claim.
How Could Heavy Machinery Cause An Accident At Work?
As we discussed in the section above, you can’t claim for a breach of duty of care alone. So, how could heavy machinery accidents lead to injuries? Some examples could include:
- Lack of adequate training: Employers are obligated to provide free training when necessary. If you weren’t given adequate training before using heavy machinery in a factory, improper use could lead to hand injuries such as crushed fingers and even amputations.
- Poor maintenance: When faults or problems are reported, employers should take care of them in a timely manner. If your employer knew a piece of heavy machinery was faulty, but asked you to work with it anyway, this could lead to serious injuries.
- Lack of PPE: Employers need to provide free, adequate personal protective equipment (PPE) to those who need it. When working with heavy machinery, you may need eyewear, a hard hat, or steel-toed shoes. Failure to provide this could result in eye injuries or crush injuries, for example.
Our advisors can provide more insight into when you could potentially claim heavy equipment accident compensation. Get in touch today to learn more.
What Compensation Could You Receive From A Machinery Accident Claim?
There are two heads of personal injury compensation that you could potentially pursue. The first head is awarded to every successful claimant and is known as general damages.
This compensates you for the pain and suffering caused by your injuries, physical and mental, and the ways in which these injuries affect your life.
Those who value this head of your claim might use the Judicial College Guidelines (JCG) for help. The JCG provides a list of injuries, from brain injuries to severe PTSD, alongside guideline compensation brackets.
In the table below, you can see some examples of these brackets. Please note that the first entry is not taken from the JCG, and that these figures are only guideline amounts. How much compensation you could be eligible to receive will depend on the factors of your case.
Compensation Table
| Injury | Compensation Bracket | Notes |
|---|---|---|
| Multiple Serious Injuries And Special Damages | Up to £1,000,000+ | Multiple serious injuries combined with financial losses, such as lost earnings, the cost of mobility aids, and travel expenses. |
| Very Severe Brain Damage (a) | £282,010 to £403,990 | While there may be some ability to follow basic commands, there is almost no meaningful response to surroundings and a need for full time nursing care. |
| Less Severe Brain Damage (d) | £15,320 to £43,060 | The claimant makes a good recovery, and is able to resume a normal working and social life. |
| Total Blindness (b) | In the region of £268,720 | Total loss of sight. |
| Chest Injuries (a) | £100,670 to £150,110 | Total removal of one lung, with serious damage to the heart and permanent pain and scarring. |
| Loss Of One Arm (b) (i) | Not less than £137,160 | Arm amputated at the shoulder. |
| Amputation Of One Foot (b) | £83,960 to £109,650 | Treated similarly to the loss of the leg from below the knee due to the loss of the ankle joint. |
| Moderately Severe Post-Traumatic Stress Disorder (b) | £23,150 to £59,860 | Some recovery is possible with professional help, but the person will still struggle with a significant disability for a while. |
| Moderate Back Injuries (b) (i) | £27,760 to £38,780 | Constant pain caused by crush or compression fractures to the lumbar vertebrae. |
| Injuries To The Digestive System (a) (iii) | £6,610 to £12,590 | Industrial lacerations and penetrating stab wounds. |
Claiming Special Damages After A Machinery Accident
Special damages, the second head of claim, is not available to every claimant. To receive compensation under this heading, you need to be able to prove that your injuries caused you to suffer financial losses.
Some examples of the losses you could claim for and the evidence that could help prove these losses include:
- Payslips for lost earnings.
- Bus tickets for travel expenses.
- Receipts for prescriptions and other medical expenses.
- Invoices for the cost of any home adjustments.
To see whether you may be able to claim compensation for a workplace accident, contact our team. Or, read on to find out how to prove a heavy equipment accident at work claim.
What Evidence Could Be Used In A Heavy Equipment Accident At Work Claim?
You’ll need to be able to prove your personal injury claim in order to form the basis of a valid case.
Evidence is extremely important when claiming, as it can help you prove who was responsible for your injuries, as well as how severe they are.
Evidence that you could use to support your claim can include:
- Photographs of your injuries or the accident scene.
- Medical records detailing the injuries you are claiming for and the treatment you received for them.
- Witness contact information, as a statement could be taken from them at a later date.
- CCTV footage of the accident.
- A report of your accident from the accident book.
If you choose to work with a personal injury solicitor on your claim, they can help you with gathering this and any additional evidence.
To find out how a solicitor from our panel could help you with your heavy equipment accident at work claim, contact our team today.
Claim For Machinery-Related Injuries On A No Win No Fee Basis
Our panel of No Win No Fee solicitors work under the terms of a Conditional Fee Agreement (CFA).
If one of them agrees to take on your case under this No Win No Fee arrangement, it means that you don’t need to pay them a fee in order for them to start working on your heavy equipment accident at work claim, and you also aren’t required to pay for their services if the claim fails.
Successful claimants will pay a success fee from their compensation. This fee is taken as a small percentage and is deducted by your solicitor straight away. However, the percentage is limited by a legal cap, which helps to make sure that you keep the majority of what you receive.
Working with a solicitor has many benefits. For example, they can help you gather evidence, negotiate a settlement, and ensure that you start your claim within the correct time limit. Plus, a solicitor can use their years of experience to explain any areas of the claims process that you may not understand.
Contact Our Team
Our advisors are here to help. Get in touch today to start your free consultation, and find out if you have a valid claim. If you do, then one of our advisors may connect you with a No Win No Fee solicitor from our panel.
Contact us online today to get started.
Read More About Claiming For Accidents With Heavy Equipment
For more informative personal injury guides:
- If you’ve had a construction site accident, you might be wondering if you can sue. Our guide offers more information.
- Learn about the PTSD claims process and find out if you could be owed compensation.
- Get help with serious injury claims and learn more about compensation amounts.
Or, for helpful external resources:
- Learn about claiming Statutory Sick Pay (SSP) via this Gov.UK resource.
- Information regarding work equipment and machinery safety from the Health and Safety Executive (HSE).
- Guidance on when to call 999 from the NHS.
Contact our advisors today to see whether you may be eligible to make a heavy equipment accident at work claim today.
