Crush injury compensation claims
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.
A no win no fee agreement (also known as a CFA or Conditional Fee Agreement) is entered into between the claimant and a qualified lawyer.
A no win no fee agreement is the terms under which the solicitor acts for their client.
The CFA lays out what the solicitor will actually do and how the solicitor will be rewarded if the claim is ultimately successful.
If you instruct a Quittance solicitor for your crush injury claim there will be no sneaky hidden costs , no up-front fees and the peace of mind that you wont be financially out of pocket.
I have a strong claim - why won't a solicitor take it on?
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
Accidents at work - Claiming compensation fro your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim crush injury compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
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Quittance Legal Services' national network of solicitors help injured people with all types of personal injury claims, including fast track, complex and catastrophic injury claims. Our lawyers are selected on the basis of their winning track record and their years of specialist experience.
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.
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