Crush Injury Compensation Claims

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

The purpose of this guide is to help anyone who has suffered a crush injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming crush injury compensation:

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 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, and;
  • that person owed you a duty of care.
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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 a crush injury claim on their own behalf.

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

Do I need a diagnosis to make a crush injury claim?

If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start a crush injury claim after an accident, the more likely your claim is to succeed.

How much compensation can I claim for a crush injury?

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

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 a crush 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 a crush 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 crush injury will depend entirely on your specific circumstances.

Your crush 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.

What if I am not yet sure of the extent of my injury?

If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.

Calculate my crush injury compensation

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

Calculate compensation

How long does a crush injury claim take?

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

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

Caring and sensitive support

Your solicitor will handle your crush 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.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

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. Read more about making a No win, no fee claim

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. Your solicitor may take out insurance to ensure there will be nothing to pay.

How do personal injury solicitors get paid?

If your crush injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.

How can Quittance help?

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, and 9.30am to 5pm on Sunday.

Call us FREE 0800 376 1001 or arrange a callback:

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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.

Read more about claiming on behalf of another person.

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.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a crush injury claim?

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

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

Can I claim for a crush 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 crush injury compensation.

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

Calculate your claim limitation date

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.

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

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.

Read more: Will I have to visit a solicitor's office?

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.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

Author:
Howard Willis, Personal injury solicitor