Crush Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a crush injury, we can help.

If the injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.

Claiming injury compensation with a solicitor

You can make a serious injury compensation claim with the help and support of a specialist solicitor.

Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will then identify who is legally responsible. Based on your injuries and the long-term impact they have had on your life, your solicitor will also work out how much money you can claim.

We can help you make a serious injury compensation claim on a No Win No Fee basis.

In this article

Introduction

Crush injuries can be caused by making contact with moving parts, being hit by an object that has fallen from a height, making contact with a moving vehicle or by being trapped as the result of an item falling apart or becoming dislodged from its position.

Crush injuries do not only occur at work. People can suffer crush injuries as the result of being part of a large crowd that is not properly controlled or protected, such as at a concert. At events in which there are large numbers attending, the organisers have a duty to protect all visitors from any risks to their health and safety, including potential crush injuries.

One of the most common crush injuries is damage caused to fingers due to being trapped in a door. Employers, schools and those responsible for public places all have a duty to ensure that doors are fitted in a safe manner, with every possible precaution taken to prevent harm such as crush injuries occurring.

Forklift trucks can cause crush injuries to both employees and members of the public in the vicinity. These kinds of injuries can be the result of incorrect or unsafe use of the fork lift, or due to items falling from the truck while it is in operation. Employers have a responsibility to ensure that staff using forklifts are trained to do so in a manner that minimises harm to everyone in the area.

Crush injuries are often caused by objects falling onto a person. If that person is in a public place, such as a supermarket, the owner of the shop has an obligation to prevent objects from falling and endangering people's health. In the workplace, a risk assessment should determine if there is a risk of falling items. If a risk like this is deemed a possibility, employers should offer personal protective equipment in order to minimise the chance of injury occurring.

Machinery can cause crush injuries. People who are required to use machinery during the course of their work must be properly trained to do so. In addition, the machinery itself should be suitably maintained and inspected at regular intervals. If possible, protective features such as guards, and personal protective equipment, should be used. If these precautions are not taken, crush injuries can occur.

Road accidents can result in crush injuries. These kinds of injuries can be sustained when in a vehicle that is involved in an accident, or when using the road in some other capacity (for example, as a pedestrian). Crush injuries caused by road accidents are often the result of the carelessness of another party. If you can prove that the other party was responsible for what happened, you may be able to claim compensation.

Horse riding and sports accidents can also cause crush injuries. Organisations that offer horse riding or provide sports training of any kind are responsible for ensuring that people understand the risks, are provided with appropriate equipment, and are able to do so in a manner that protects them from injury.

Do I have an injury claim?

You should be eligible to make an injury claim if you were injured:

  • in the last 3 years, and;
  • someone else was to blame, and;
  • that person owed you a duty of care.
Check my claim online

Claim eligibility - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

Can I make a crush injury claim right up to the three-year limit?

Technically, yes. However, in practice, not always. Many solicitors will not take on a crush injury claim that only has a few months (sometimes even a year) left before the time limit expires. The panel of solicitors will take a claim on as late as possible where it is felt that the claim could be successful.

Can I still claim if I didn't report the crush injury?

If you did not report the accident it can make it more difficult to pursue a crush injury claim, but a claim may still be possible. This will depend on the circumstances of your case and on the other evidence available.

How much compensation can I claim for an injury?

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

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

This calculation will factor in 'general damages' and 'special damages'.

General 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

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • 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.

For example:

General damages for a life-threatening internal injury can be £52,000

For a less severe arm injury, in isolation, you would typically receive £4,000.

However, if you have a life-threatening internal injury and a less severe arm injury, you would typically receive £52,000 + a reduced percentage of £4,000.

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 an 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 an injury will depend entirely on your specific circumstances.

Your injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

Can I claim for prescription costs?

Special damages are awarded for costs or losses incurred as a result of the crush injury injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.

Calculate my injury compensation

Calculating how much compensation you can claim for an 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 injury claim could be worth now:

Calculate my claim

How long does a crush injury claim take?

How long it can take to settle a crush injury claim can vary considerably.

A straightforward liability accepted injury claim could be settled in a month or two. If liability is denied, it could take longer. Typically, an injury claim should take 4 to 9 months. Read more: How long will my claim take?

How else can a solicitor help me?

Your solicitor will handle your injury claim from the initial FREE case evaluation, through to the financial settlement.

Your solicitor will work with other specialists to provide caring and sensitive support and 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.

Will I have to go to court?

Highly unlikely. Solicitors settle the vast majority of claims out of court.

Around 2% 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 decided by a judge or magistrate, not a jury.

Even if the claim does go to court, it is very unlikely you will have to attend.

Read more:

Will my injury claim go to court and what if it does?

No win, no fee, no risk

Under 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 - our guarantee

If you have been injured through no fault of your own, our no win, no fee guarantee takes the risk out of claiming compensation for your injury. Read more about making a No win, no fee claim

What do I pay if I win my 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 injury claim?

If your injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

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. crush injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.

How we can help you

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury 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
  • 9.30am to 5pm on Sunday

Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:

Call me back
  • Tick icon FREE consultation
  • Tick icon Find out if you can claim
  • Tick icon No obligation to start a claim

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.

Read more:

Claiming on behalf of another person.

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

Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.

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.

Read more:

Claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury claim?

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Can I claim for an 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.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.

In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to visit a solicitor's office to start a claim?

No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more:

Will I have to visit a solicitor's office?

I need the money now - what are my options?

If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.

An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.

Read more:

How to I get an interim compensation payment?

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor