Injured in a cherry picker accident? We're here to help you claim compensation.
If you’ve been injured by a cherry picker or aerial device, you may be entitled to compensation for your injury, medical expenses, lost income, and ongoing care. A personal injury solicitor can guide you through the claims process, helping you pursue a No Win, No Fee claim to support your recovery.
Key points when claiming for a cherry picker accident
- Your employer is legally responsible for providing a safe workplace, including proper training, safety gear, and regular risk assessments and equipment checks.
- Cherry picker claims are often linked to faulty harnesses, platform collapses, or lack of proper supervision or PPE.
- A claim can be made against an employer, equipment manufacturer, or third-party contractors if negligence can be established.
- There is a 3-year time limit from the injury date to start your claim.
- Find out the potential value of your claim with our compensation calculator.
- You can claim on a no win, no fee basis.
- Your employer cannot fire you for making a claim.
What is a cherry picker?
A cherry picker is a hydraulic crane with a railed platform at the end for raising and lowering people to work at height, typically used for building site or utility work.
Cherry pickers are also known as boom lifts, man lifts, elevating work platform, basket cranes, or aerial devices, and they are widely used in the construction industry, as well as various other roles like window cleaning and fruit picking, where workers are required to work at height.
Scissor lifts and similar machinery are also used in similar circumstances, and are equally likely to cause injury. Collectively, these machines are referred to as Mobile Elevating Work Platforms (MEWPs).
You are not alone
Cherry Picker Injuries often occur from falls, equipment collapses, or electrical contact.
Falls from height were responsible for 8% of non-fatal workplace injuries, with 4% of injuries caused by contact with moving machinery, including cherry pickers and crane mechanisms (hse.gov.uk).
According to the HSE, 17% of falls from height are linked to lifting vehicles, including fork lift trucks (FLTs) and cherry pickers. Cherry pickers are far safer than FLTs, although an estimated 3% of all fatal construction accidents still involve cherry pickers.
Work accident claims represent the majority of claims for injuries involving cherry picker injury claims, but claims involving injury to members of the public are also made.
If you decide to make a cherry picker injury claim, your work accident solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.
See also:
How much compensation can I claim for a cherry picker accident?
The compensation you can claim for an injury caused by a cherry picker will be determined by:
- the extent of your injury,
- the limitations your injury imposes on your daily life and work,
- the financial losses or expenses you've faced because of the accident.
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages is compensation for quantifiable financial losses you've incurred as a result of your injury. Compensation can include loss of wages, commission and any other income, damage to your car, and any additional expenses directly related to your injury.
These damages will also cover any medical or treatment bills, such as emergency care, diagnostic imaging tests, surgical intervention and physical therapy.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average cherry picker injury general damages compensation table
The following cherry picker injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Ankle injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Minor fractures, sprains, and ligament injuries with full recovery | Up to £15,250 |
| Moderate | A fracture or ligament injury with mild ongoing symptoms | £15,250 to £29,500 |
| Severe | Lengthy treatment required, and your ability to walk has been permanently affected | £34,740 to £55,540 |
| Very severe | Severe ongoing symptoms that are likely to worsen in the future | £55,540 to £77,340 |
Head & brain injuries
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Minimal brain damage with headaches and/or ongoing symptoms | £2,450 to £14,160 |
| Moderate - level 1 | Good recovery, but with ongoing symptoms (e.g. poor concentration and memory) | £17,000 to £47,770 |
| Moderate - level 2 | Your ability to work is reduced, and ongoing symptoms include poor concentration and memory, and a risk of epilepsy | £47,770 to £100,650 |
| Moderate - level 3 | Your ability to work is greatly reduced, and you have ongoing care needs | £100,650 to £166,540 |
| Moderate - level 4 | Ongoing symptoms include a moderate to severe intellectual deficit, personality change, damage to sight, speech and/or senses, and a risk of epilepsy | £166,540 to £243,040 |
| Severe | Symptoms include serious physical and/or cognitive disability that requires constant care, a risk of future medical issues and reduced life expectancy | £243,040 to £312,860 |
| Very severe | Full time nursing care is required | £312,860 to £448,180 |
Leg injury
| Severity | Example | Amount |
|---|---|---|
| Simple tibia or fibula fracture | Simple fracture with full recovery | Up to £13,140 |
| Minor (relatively) | Short-term and minor soft tissue injuries | Up to £13,140 |
| Simple femur fracture | Simple femur fracture with no damage to articular surfaces | £10,110 to £15,620 |
| Less serious | Less serious injuries, e.g. simple leg fractures | £10,110 to £15,620 |
| More serious fractures | Incomplete fracture recovery with ongoing symptoms | £19,930 to £30,800 |
| Moderate | Including multiple leg fractures and crush injuries | £30,800 to £43,490 |
| Serious | Serious leg injury e.g. compound or comminuted fractures;Injuries to joints or ligaments;Long period of no weight bearing;Probability of arthritis; | £43,490 to £60,840 |
| Very Serious | Permanent mobility problems that require mobility aids (e.g. a stick, walker or wheelchair), and/or deformity and limited movement where future surgery is likely | £60,840 to £99,350 |
| Severe | Severe leg injury where no amputation has been necessary, including degloving, shortening or where bone grafting is required | £106,780 to £150,780 |
Work-related Upper Limb Disorder (WRULD)
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Complete recovery within a few months | £2,450 to £3,920 |
| Moderate | Symptoms resolving in the course of up to three years | £9,590 to £11,930 |
| Serious | Continuing, but fluctuating symptoms affecting one arm | £16,530 to £18,130 |
| Severe | Continuing disability affecting both arms, affecting your ability to work and requiring surgery | £24,310 to £25,650 |
Do I have a cherry picker injury claim?
You can start a compensation claim for a cherry picker accident, if:
- you were injured in the last 3 years, and;
- another person was responsible, and;
- that person owed you a legal duty of care.
Use our injury claim calculator to find out if you can claim. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.
Is a claim still possible if I am partly liable?
Ascertaining who is liable for an accident is not always straightforward and can often involve blame on both sides.
In our 2024 Work Injury Claimant Survey, 26.02% of injured workers said they either were unsure of which party was responsible, or believed they were partially responsible for their injuries.
Even if you think you might have been partly responsible, you could still be eligible to make a claim. With workplace injuries, it's often possible to claim compensation from your employer, regardless of whether your own actions or those of a colleague played a role in the incident.
Read more:
Can I claim if I feel I was partly responsible for my accident?
Cherry picker injuries at work
Cherry pickers are typically operated in the workplace. Employers are primarily responsible for the cherry picker and ensuring that operators are appropriately trained.
Employers would be held liable for injuries resulting from the operation of the cherry picker. The legal principle under which employers are held responsible for the acts of their staff is called vicarious liability.
Causes of cherry picker accidents
There are a number of ways accidents commonly occur when working with cherry pickers.
Inappropriate use
Accidents can occur when the cherry picker is used by an untrained person, or when it is used for a task which causes a breach of the applicable workplace safety regulations. The risk of an accident is greater when the cherry picker is used for a task it is not intended for.
Examples included
If you have been injured in a cherry picker accident as a result of poor or unsafe use, you should have a case to make an injury claim.
Faulty or badly maintained cherry pickers
It is the responsibility of the employer to ensure that any equipment used is maintained to a high standard. If a badly maintained cherry picker results in an accident, the employer may be at fault and liable to pay compensation for injuries that result from the fault or poor maintenance.
Operator negligence
Those operating cherry pickers have a level of responsibility to ensure that they are used safely and do not put others at risk. There have been cases of workers being crushed against equipment, buildings and other structures due to the negligence of a trained cherry picker operator. In these cases, the Courts will examine all of the evidence to establish who was responsible and therefore potentially liable to pay compensation.
Insufficient training
Working at height has a level of risk associated, and necessary safety precautions should be in place to prevent accidents. The cherry picker should always be secured on level ground, and only used by fully trained operatives.
Anyone using a cherry picker should be sufficiently trained in operating the machine safely. If you were not sufficiently trained before being allowed to operate a cherry picker, and this resulted in an injury, you may have a claim against your employer for failing to ensure that you had sufficient training.
If someone else was operating the cherry picker and was not fully trained, and you were injured as a result, you should also have a claim against the operator or the employer. The Courts will look at all of the evidence in order to decide who was responsible for the accident.
Personal Protective Equipment at Work (Amendment) Regulations 2022
The Personal Protective Equipment at Work (Amendment) Regulations 2022 came into force on 6 April 2022.
This legislation means that employers have an obligation to provide free Personal Protective Equipment (PPE) to all workers, including workers who are self-employed or on a zero-hours contract.
Under the previous 1992 regulations, employers were only required to provide PPE to employees with a formal employment contract.
If you are injured by a cherry picker at work and your employer failed to provide you with suitable PPE, you may be entitled to claim compensation even if you are self-employed.
What was the cause of your cherry picker injury?
The claims process will vary depending on how your cherry picker injury happened. Click the icons below to learn more:
Can I make a no win, no fee cherry picker injury claim?
Yes. With no win, no fee, you can claim cherry picker injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to a work accident specialist about your claim?
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Falls from height (reviewed: 29/07/2024)
Statistics - Non-fatal injuries at work in Great Britain (reviewed: 27/07/2024)
Author:
Gaynor Haliday, Legal researcher
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.