A Guide to Claiming Crane Accident Injury Compensation
If your life, or the life of a loved one, has been affected by a crane accident we can help.
The purpose of this guide is to help anyone who has suffered a crane accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
The Health and Safety Executive states that there have been 61 crane accidents in the UK since 2001. These kinds of accidents usually take place when working for an employer. As a result of this, if you have been in a crane accident, you will probably have a case for claiming compensation.
Do I have a crane accident injury claim?
It should be possible to make a crane accident injury claim if you were injured:
- in the last three years and;
- someone else was to blame.
Even if these two points don't apply to you, you may still be able to make a claim.
To find out for sure, speak to a legally trained adviser on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.
You can also find out if you have a claim with our Online Claim Checker.
The amount of money you could claim for your crane accident injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your crane accident injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a crane accident injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
How is compensation calculated if I have multiple crane accident injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a life-altering leg injury can be £40,000
For a more minor hand injury, in isolation, you would typically receive £3,000.
However, if you have a life-altering leg injury and a more minor hand injury, you would typically receive £40,000 + a reduced percentage of £3,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries.
What is the average injury compensation for a crane accident injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a crane accident injury will depend entirely on your specific circumstances.
Your crane accident injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Is it worth claiming for multiple minor injuries?
Yes. even relatively minor injuries can result in reasonable compensation settlements, especially if you have incurred expenses or taken time off work as a result of the accident.
Crane accident injury compensation calculator
Calculating how much compensation you can claim for a crane accident injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your crane accident injury claim could be worth now:
How long does a crane injury claim take?
The length of time needed to get compensation for a crane accident can vary significantly.
If your employer accepts liability, a claim might be concluded in a couple of months. If the employer denies liability, a claim can take longer. Typically, a work accident claim takes 6 to 9 months. See more:How long will my claim take?
Will I still be able to claim for a crane accident injury after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your crane accident injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Your employer's 'Duty of Care'
Your employer has a duty of care to all staff. This includes a duty to ensure that all equipment, including cranes, is maintained to a high standard and inspected at regular intervals. Organisations which employ people to operate cranes are also responsible for ensuring that those people are fully trained.
You should be provided with comprehensive training on all aspects of using the crane, and given practical advice on safety measures, including what action to take in an emergency.
What should I do if I have been injured in a crane accident?
Your first priority should be to seek medical advice. A doctor can assess the extent of your injury, prescribe treatment, and advise on pain relief and rehabilitative care.
Having sought immediate treatment, you should then report the accident formally to your employer. Depending on the severity of your injuries, you will probably be entitled to time off work.
Having begun your recovery, your thoughts might turn to compensation. If you have lost earnings because you haven't been able to work, or have had to spend money on support and treatment, you might be struggling to manage your finances.
If you have been in a crane accident, it is likely that someone else is to blame. A claim for compensation can restore your finances so that you can concentrate on your recovery.
How does claiming compensation work?
If you are considering pursuing a claim for compensation for a crane accident, it is vital to seek expert legal advice. The Quittance panel of solicitors will help to gather all the evidence you need to make a claim. They gather this evidence to prove to the court that someone else was at fault for what happened, and to demonstrate the impact this has had on you, the claimant.
What counts as evidence?
Your solicitor will advise you on evidence specific to your case. However, as a general rule, the following proof of your accident can be useful:
- Photographs of your injuries
- CCTV footage of the accident, or witness accounts
- Details of the training you received for using the crane
- Receipts for expenses relating to mobility requirements, prescriptions, or physiotherapy
- Details of how your injury has affected your day to day life: do you find it difficult or impossible to have a shower, for example?
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee
With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if you do not winn your claim .
No win, no fee promise
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a crane accident injury compensation claim.
What do I pay if I win my crane accident injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my crane accident injury claim?
If your crane accident injury claim is not successful then you will not have to pay any fees.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. crane accident injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. In some cases our solicitors can work on a reduced success fee. Call us for more information.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning work accident claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:Call me back
if you can claim
to start a claim
Crane accident injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a crane accident injury claim?
In general, you have a time limit of up to 3 years from the date of the crane accident injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your crane accident injury claim becomes 'statute barred'.
Can I claim for a crane accident injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim crane accident injury compensation.
In reality, there are a number of factors that can affect whether a crane accident injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert