A Guide to Claiming Crush Injury Compensation
Updated: Sep 2, 2019
In the following guide we set out what you should know about making a crush accident compensation claim.
In 2013/14, there were 44 incidents reported to the Health and Safety Executive that could be attributable to crush injuries at work. These incidents were 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 fork lifts 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 a crush injury claim?
You should be eligible to make a crush injury claim if you were injured:
- in the last three years and;
- someone else was to blame.
However, if these two points don't apply, a claim may still be possible.
To get an impartial answer, speak to a crush injury claim expert on 0800 612 7456.
A short call will confirm whether you have a claim. We will never put you under pressure 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 crush 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 crush 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.
See a list of what you can claim for:
Examples of special damages include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Find out what your claim could be worth now
Assessing a claim's value at the outset can be complicated.
If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.
Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.
Caring and sensitive support
Your solicitor will handle your crush injury case 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.
What if it was a criminal incident?
If your Crush Injury injury resulted from a criminal incident, you can pursue a claim via the Criminal Injuries Compensation Authority (CICA). The CICA must receive your application within 2 years of the Incident Date.
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 a crush injury claim on their own behalf.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
If you are thinking of making a work accident or injury claim, there are some key points to be aware of:
In a road accident
If you are thinking of making a road accident claim, there are some key points to be aware of:
In a public place (e.g. supermarket, pavement)
If you have been injured in a public place, there are some key points you need to be aware of:
According to the latest figures published in 2019, there were over 17,000 clinical negligence claims in the year 2016-17. This increase is largely down to an overstretched NHS.
If you are thinking of making a medical negligence claim, there are some key points to be aware of:
Other claim types
Find details on another type of claim:
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 .
Our no win, no fee promise
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 crush injury.
What do I pay if I win my crush 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 crush injury claim?
If your crush injury claim is not successful then you will not have to pay any fees.
How can Quittance help?
Our highly experienced panel of solicitors have an excellent track record of winning injury claims. Your solicitor will fight for the best possible compensation settlement for you.
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
No Win, No Fee
to start a claim
Crush 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 will my claim take?
The length of time needed to secure compensation can vary considerably.
For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.
Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.
Taken from average case times, this table sets out approximately how long personal injury claims take to settle:
Personal injury claim type
Estimated claim duration*
4 to 9 months
6 to 9 months
12 to 36 months
12 to 18 months
6 to 9 months
3 to 4 months**
12 to 18 months**
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by Quittance’s 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 interim compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim interim compensation payments.
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
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.
Read more about this Quittance Legal Expert