If a digger injury has set you back, we'll help you move forward

Digger accidents in construction or excavation work can be traumatic, leading to severe injury claims.

If your life, or the life of a loved one, has been affected by a digger accident, we can help. If your injuries were caused by your employer, a co-worker or contractor, you may be entitled to claim compensation. Compensation can help pay for your rehabilitation, loss of income, and the personal impact of the injury on your life.

We can help you make a digger accident claim on a No Win, No Fee basis.

You are not alone - Over 5,000 workers a year are injured by site vehicles

Working alongside diggers, bulldozers, JCBs, and other heavy machinery in construction and agricultural settings carries significant risks. These machines, due to their size and weight, can cause serious injuries, particularly when misused or when moving heavy materials like rubble and construction materials.

Around 53,000 workers are injured every year on building sites, with 10% being caused by moving vehicles (hse.gov.uk).

Despite the inherent dangers of such machinery, employers are legally obliged to ensure the safety of their employees, contractors, and the public. A breach of this duty, resulting in injury, may lead to a viable compensation claim.

The construction and farming industries report a high number of serious injuries among workers, often related to the use of heavy machinery. Digger accidents, for instance, are a frequent cause of injury claims on building sites. These injuries can stem from dangerous work practices or a lack of adequate Personal Protective Equipment (PPE), highlighting the need for stringent safety measures and proper equipment use in these high-risk sectors.

If you decide to make a digger accident injury claim, your 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 move forward.

See also:

Farm injury claims

Work injury claims

Am I eligible for digger injury compensation?

You should be entitled to digger injury compensation if your injury resulted from the negligence or actions of another person or organisation, or from an accident that was not your fault.

Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

What if I was partially at fault?

Personal injury claims where both the defendant and claimant share some responsibility are relatively common.

In our recent 2024 Work Injury Claimant Survey, 26.02% of injured workers thought they could be partially to blame for their accident.

Even if you think you might be partly liable, you could still be eligible to make a claim. With workplace injuries, it's possible to claim compensation from your employer, regardless of whether your own actions or those of a colleague contributed to your injury.

Read more:

Can I claim if I feel I was partly responsible for my accident?

How much compensation can I claim for a digger accident injury?

The amount of money you could claim for your injury will depend on:

  • the seriousness of the digger accident and 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 injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

Digger accident injury compensation calculator

Get an accurate compensation estimate (including for multiple injuries), confirm your legal position, and check if you have a No Win, No Fee claim.

Updated May 2024 Compensation Calculator v3.04

General damages

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.

How is compensation calculated if I have multiple injuries?

Special damages

Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include lost wages or business losses (if you're self-employed), and any other out of pocket expenses.

Special damages may also be awarded for medical treatments or procedures that you might need to treat your digger injury, including emergency care, diagnostic imaging tests, surgical intervention and physiotherapy.

Read more:

A complete list of recoverable losses in a personal injury claim

Digger accident claim case study

The claimant was employed as a labourer on a building site. During the course of his work, the claimant was helping a load a digger with scrap metal. The claimant had not been trained to do this safely, and a digger accident occured, trapping his leg.

The claimant's left leg was fractured. Only the tibia bone was fractured not the fibula. The claimant already had ankle ligament problems and these were made worse by the accident. Following removal of the plaster cast it was clear that the ankle joint ligament laxity would need to be operated on.

When compensation was awarded, the court took into account the claimant's medical history; the pre-existing lateral ligament instability in the left ankle.

Defendants will often argue that claimant's compensation should be reduced because they had a pre-existing medical condition. Nevertheless, compensation is usually awarded if the accident has made existing symptoms worse or, as in some cases, has accelerated the time by which the claimant would have suffered symptoms from the original injury.

Negotiations to reach a settlement out of court broke down. The claimant therefore instructed his solicitors to commence court proceedings.

At county court, the claimant was awarded £8,000 for pain suffering and loss of amenity. An additional £2,500 was awarded for future surgery costs.

Who can make a digger accident claim?

Employees of construction companies, contractors, and individuals, can all make a claim against the person or company found to be responsible. This is frequently the worker's employer, who has a duty to ensure the employee's work environment is safe, or the owner or occupier of the site.

The most common digger accidents are crush injuries, including broken bones, head injuries and internal damage.

The general damages portion of your compensation is based on what injuries you have suffered, not where the accident occurred, or who is responsible.

Was my employer negligent?

Every employer has a duty of care to their employees to ensure that they are safe. If they fail to fully ensure the safety of their employees, this may amount to negligence.

If the employer is found to have been negligent, there may be a case for a claim. Examples of negligence that could lead to digger accidents include:

  • Failure to fully train digger operatives on safe usage of machinery
  • Overloading of diggers
  • The operative using the digger in an unsafe way, for example by not following signage on site, or manoeuvring dangerously
  • Untrained operatives claiming to have the necessary training
  • The JCB in use not having been inspected fully, and failure to spot dangerous faults

Digger accidents and PPE

The Personal Protective Equipment at Work (Amendment) Regulations 2022 came into force on 6 April 2022.

This legislation means that employers must 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 digger or other machinery at work or on a building site, and your employer failed to provide you with suitable PPE, you may be entitled to claim compensation - even if you are self-employed.

Read more:

Personal Protective Equipment (PPE) injury claims

How did your injury happen?

The claims process will vary depending on how your digger accident injury happened. Click the icons below to learn more:

No win, no fee digger accident injury compensation claims

With no win, no fee, you can claim digger accident 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.

Find out more about how no win, no fee claims work

Get expert advice now

Interested in talking to a work accident specialist about your claim?

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Call 0800 376 1001

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Chris Salmon, Director

Author:
Chris Salmon, Director