A Guide to Claiming Refuse Collector Injury Compensation
If your life, or the life of a loved one, has been affected by an injury at work we can help.
The purpose of this guide is to help anyone who has suffered an injury at work and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
Each year, around 4 percent of workers in the waste collection industry are diagnosed with an illness they believe to be work related. A further 3 percent, around 5,000 refuse collectors, suffer a work-related injury according to figures from the Health and Safety Executive.
This injury rate, which is around four times greater than other industry sectors, reflects the demanding nature of the job and the fact that refuse collectors often work in poor light and bad weather.
Any refuse collector who is injured due to the negligence of their employer or another third party may be eligible to claim compensation. Depending on the type of accident, the claim will likely fall under the category of accident at work claims or work-related illness claims, made against the local authority employer or private waste contractor.
Do I have a refuse collector injury claim?
It should be possible to make a refuse collector 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 refuse collector 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 refuse collector 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 refuse collector 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 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 severe hand injury can be £25,000
For a less serious shoulder injury, in isolation, you would typically receive £5,200.
However, if you have a severe hand injury and a less serious shoulder injury, you would typically receive £25,000 + a reduced percentage of £5,200.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries.Read more about multiple injury claims
What is the average injury compensation for a refuse collector 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 refuse collector injury will depend entirely on your specific circumstances.
Your refuse collector 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.
Will I have to pay tax on my refuse collector injury compensation?
If you receive financial compensation following a refuse collector injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Refuse collector injury compensation calculator
Calculating how much compensation you can claim for a refuse collector 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 refuse collector injury claim could be worth now:
How long does a refuse collector injury claim take?
The length of time needed to settle a refuse collector injury and illness claim can vary significantly.
For instance, if your employer accepts liability, a claim might be concluded in a couple of months. However, if liability is denied a claim can take longer. Typically, a work accident claim takes 6 to 9 months. Read more:How long will my claim take?
Will I still be able to claim for a refuse collector 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 refuse collector 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.
Common refuse collector injury claims
Workers in the waste collection and recycling industry are exposed to a number of hazards in the workplace. These common causes of injury are set out below.
Struck by a moving vehicle
Refuse collectors must travel in bin lorries as drivers and passengers and frequently cross roads to collect refuse bins. Unsurprisingly, a significant number of accidents occur on the road. These include vehicle collisions, pedestrian accidents and incidences where the refuse worker is struck by the waste collection truck.
These claims are often treated as road accident claims, made against the negligence driver, rather than the refuse workers employer. Compensation is usually paid out by the driver's insurance company.
Contact with machinery
The majority of domestic waste collection trucks in the UK are fitted with a mechanical hoist to raise and lower bins. Injury may occur if the hoist fails, causing a bin to fall on the refuse collector, or if the refuse worker becomes entangled in the hoist during the tipping cycle. Accidents of this type can cause serious crush injury, head injury and concussion.
The introduction of bin hoists and wheelie bins has eliminated some of the risks associated with lifting heavy items. However, refuse collectors are still at risk of a manual handling accident when moving the waste bin from its storage place to the vehicle.
Trips, slips and falls
Refuse collectors frequently walk along public pavements and roads as part of their job. Defects such as potholes, raised paving slabs or icy, unsalted surfaces increase the risk of a slip, trip and fall accident.
Sharp object and needlestick injuries
Broken glass, serrated metal and other sharp objects are capable of causing cuts and lacerations if they are placed loose into a bin or refuse sack. Refuse collectors are also at risk of needlestick injury if syringes and dangerous sharps are negligently disposed into ordinary waste bins.
The Courts recognise that needlestick injuries often cause an amount of anxiety, stress or more severe psychological harm, as the injured worker worries about possible infection. It may be possible to claim for this harm even in cases where there is no resulting infection, due to the worker's very real fear.
Read more about needlestick injuries.
Is my employer liable?
Employers have a general duty to keep their workers safe from harm.
To minimise the risk of accidents occurring, employers must provide refuse collection workers with high visibility clothing and other types of personal protective equipment such as anti-slip safety boots and heavy duty gloves to protect against lacerations and needlestick injuries. Employers also have a duty to consider the ergonomic design of waste materials receptacles and to train all workers on the proper lifting and carrying techniques.
Failing to properly assess and minimise the risks associated with a refuse collection task may expose the employer to a compensation claim. Negligence is almost always established where the employer has breached a specific health and safety standard.
What if I was partly to blame?
Employees must also observe health and safety protocols. For example, refuse collectors must:
- Wear the personal protective clothing provided by the employer
- Follow standards for the safe lifting, carrying and loading of refuse bins
- Observe the Highway Code if driving a waste collection truck
- Ride inside the cab and not on the footplate of a moving vehicle.
Where there is evidence of some negligence or reckless behaviour on the part of the employee, a Court may decide that the refuse worker contributed to his own injuries. It may still be possible to bring a claim in this situation, but the claimant's award typically will be reduced to reflect the part they played in the incident.
No win, no fee
No win, no fee takes the risk out of making a refuse collector injury claim. If you do not win any compensation, you won't have to pay your solicitor any legal fees.
No win, no fee guarantee
Our no win, no fee guarantee means there is no financial risk in making a refuse collector injury claim - even if you don't win your claim.
What do I pay if I win my refuse collector injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only 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 refuse collector injury claim?
If your refuse collector injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
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:
if you can claim
to start a claim
Refuse collector 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 refuse collector injury claim?
In general, you have a time limit of up to 3 years from the date of the refuse collector injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your refuse collector injury claim becomes 'statute barred'.
Can I claim for a refuse collector 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 refuse collector injury compensation.
In reality, there are a number of factors that can affect whether a refuse collector 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