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How To Make A Crane Accident Claim

Learn how a crane accident claim can help you seek much needed compensation, and how our specialised solicitors can assist you through the process.

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How To Make A Crane Accident Claim

Learn how a crane accident claim can help you seek much needed compensation, and how our specialised solicitors can assist you through the process.

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Being involved in a crane accident often poses life-altering, instantaneous injuries. These injuries can hugely restrict mobility, sometimes cause permanent brain damage or even result in fatalities, in the most serious situations. Additionally, due to the seriousness of the injuries caused by cranes, you could now be struggling to carry out simple daily duties, including getting dressed, driving or going to work. This disrupted routine, and lost income can often exacerbate the stress of suffering severe injuries, as it can make you feel unable to look after yourself. This increased emotional distress can add to the stress of your physical injuries. This is where a crane accident claim could offer you some assistance.

At JF Law, we understand you may be wondering ‘how can a claim help me?’, especially with the stresses that come with making a claim, if you’ve never been through the process before. However, we also know that compensation can’t undo the harm, stress or injuries, but it can be used to offer financial relief, redress and achieve a sense of justice. Our solicitors at JF Law have decades of experience in crane accident compensation claims. With their specialist understanding, they will handle all legal complexities on your behalf, help gather evidence and ensure that your claim is started within the time limits. 

Operating with this client-focused approach means your solicitor will ensure to place you at the forefront of their work. This empathetic approach means you can remain focused on your own recovery, which is the priority. 

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Can I Make A Crane Accident Claim?

You could make a crane accident claim so long as your case meets certain key eligibility criteria. In order for your claim to have merit, we must show:

  • You were owed a duty of care

This element establishes a relationship between yourself, and the responsible party which in this case would typically be your employer. In certain circumstances, such as in work, another person or business owes you a legal obligation to take all reasonable steps in ensuring your safety and wellbeing. The duty of care owed to you at work is established under the Health and Safety at Work etc Act 1974. 

  • This duty was breached by your employer

This happens if your employer fails to act reasonably and fails to fulfil their duty owed to you. For example, if they fail to ensure that a crane is regularly maintained, fail to provide adequate training for your role, or if they don’t supply you with appropriate personal protective equipment.

  • You suffered an injury or illness as a result

The final element that we must prove is the connection between your injuries and your employer’s breach of duty. If we can show that your employer’s negligence led to you suffering physical or psychological injury, your case would satisfy the elements needed to be eligible. Additionally, you can seek compensation for minor injuries or the most severe injuries, provided we can show they are medically recognised.

Get in touch with our advisors today for a free case consultation. This gives you the chance for an advisor to assess the validity of your claim, completely obligation-free.

What Could Cause Crane Accidents To Happen?

Crane accidents can be caused by improper operation, inadequate training or even mechanical failures. 

Below, we discuss some specific examples of how a crane accident can occur:

  • Despite receiving no training, your employer asks your colleague to work on a crane. As a result, they’re unable to operate the crane in a safe manner, causing them to hit you. You suffer a severe head and brain injury as a result, leaving you permanently unable to work. 
  • After previous complaints about the cabin of the crane, your employer asks that you work on the crane nonetheless. The door latch on the cabin is loose, which causes you to fall from the cabin, sustaining severe life changing spinal cord damage.
  • Your employer failed to regularly maintain a crane that they later asked a colleague to work on. The hydraulic system of the crane fails, causing uncontrollable swinging and the loaded materials drop. You suffer a crush injury, which later requires an amputation of your leg due to the severity of the injury.
  • An employee is advised to overload a crane, even after expressing their concerns about this. The excessive weight causes the boom of the crane to collapse and fall onto another employee. This immediately results in multiple fractures and a severe traumatic brain injury.

These examples aren’t exhaustive, so if you’d like to discuss the specifics of your own crane accident claim, please get in touch with our advisors today.

A yellow crane with lifting equipment and a hoist

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Common Injuries Caused By A Crane

Common injuries caused by crane accidents are often life-altering injuries, including brain injury, spinal cord damage, electrocution or even fatalities in the most serious situations.

Some other common injuries include:

Other injuries can also be sustained, and if eligible, you’re able to seek compensation for any medically recognised injury. To discuss the injuries you have sustained in a crane accident, please get in touch with our advisors today. 

They’re on hand to listen and advise you on the best course of action, to recover the most desirable outcome. 

What Should Be Done To Prevent Crane Accidents Occurring?

In order to prevent crane accidents from taking place, your employer must ensure all operators are certified and trained. Additionally, some other steps that can be taken to reduce the risk of crane accidents include:

  • Routine inspection and maintenance
  • Thorough lift planning
  • Ensuring stable level ground for outriggers
  • Clear communication and signals
  • Appropriate load management
  • Site preparation and verification of stable grounds 
  • Providing appropriate PPE 

These are just some of the ways that your employer could minimise the risk of crane accidents. Get in touch with our advisors for more information about what steps can be taken to avoid a crane accident claim.

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Crane Injury Compensation Payouts

Crane injury compensation payouts can be made up of two different heads, called general and special damages. The first of these is compensation for the physical harm, and psychological distress caused by a crane accident. 

When professionals are tasked with valuing this head, they can appreciate the pain, suffering and any loss of amenity caused as a result of your accident. Additionally, they can use documents such as the Judicial College Guidelines (JCG) to assist when calculating your general damages. This is a framework which offers brackets of compensation for certain injuries.

We’ve taken some figures from the JCG to show suggestive payouts for injuries caused by a crane accident. Please note that the top entry has not been taken from the JCG, and these figures are guidelines, not a guarantee of compensation.

Injury TypeSeverity Compensation
Multiple Serious Injuries paired with Special DamagesA number of severe life-changing injuries, as well as special damages such as lost earnings, private medical expenses and domestic care costsUp to £1,000,000+
ParalysisTetraplegia (also known as Quadriplegia) – severe brain damage where the degree of the injured person’s insight will be considered£396,140 to £493,000
ParalysisParaplegia – the amount granted will be impacted by the level of independence, and the presence and extent of pain £267,340 to £346,890
Head/Brain InjuryVery Severe – there may be some very limited ability to follow commands, but little if any response to environment£344,150 to £493,000
Head/Brain InjuryModerately Severe – very severe level of disablement, with a large dependence on others for care£267,340 to £344,150
Back Injury Severe (i) – serious damage to the nerve endings and spinal cord causing serious pain£111,150 to £196,450
Neck Injury Severe (i) – neck injury causing incomplete paralysis, with little to no movement in the neck In the region of £181,020
Arm (Amputations)Loss of One Arm (i) – one arm lost at the shoulderNot Less Than £167,380
Pelvis/HipsSevere (i) – multiple serious fractures of the pelvis causing intolerable pain£95,680 to £159,770
Shoulder Injury Severe – associated neck injuries with damage to the brachial plexus£23,430 to £58,610

Can My Crane Accident Claim Cover Other Losses?

Yes, your crane accident claim can also include special damages. This compensation can encompass any relevant, provable out-of-pocket expenses and can form a large portion of your settlement. 

Some of the expenses you could be reimbursed for can include:

  • Lost income for any time taken off work to recover. This can include pension contributions and bonuses.
  • Medical expenses, including prescription costs, private treatments such as surgeries or any other medical needs.
  • Travel expenses such as fuel, or taxis to and from medical or legal appointments. 
  • Care costs if you need domestic or professional assistance after your accident.

However, in order to seek this compensation, you must hold evidence of these expenses. This can usually include payslips, bank statements and payslips which our solicitors could assist you with gathering. 

For more information on special damages and how they could help you, speak to one of our advisors today.

How Can I Prove Fault For A Crane Accident?

You can prove fault in a crane accident by holding evidence which shows how someone else’s negligent actions led to your injuries.

However, before you can begin to compile this evidence, you might be wondering what to do after the accident. Below, we’ve made a simplified list of steps you can take in order to prioritise your health whilst supporting your legal position:

Seek Medical Attention

Make sure to visit A&E, an urgent clinic or your GP. Even if you think your injuries are minor, getting examined by a medical professional means that they can fully assess your health and some injuries aren’t immediately visible. Additionally, this creates an official medical record of the harm caused by your accident, which can be used as evidence in your claim.

Begin Gathering Evidence

When it is safe to do so, you can begin gathering documents which can be used as evidence. Make sure to obtain:

  • A copy of the accident at work report book (all employers legally must hold one)
  • Copies of your crane operator training certificate or records
  • CCTV of the accident 
  • Copies of your medical information including GP records, copies of any scans or x-rays and notes about any procedures or treatments you’ve received after the accident
  • Any appropriate risk assessments
  • Records of crane inspections or maintenance carried out

Ensure The Accident Is Reported

Make sure that the accident has been logged in your workplace accident book as this can be used to create a chronological order of events, which further corroborates your version of events. 

Keep A Diary

Making note of how the injury has impacted you can be instrumental when seeking compensation. Ensure to note your daily pain levels, any expenses you are faced with, lost earnings and the impact that the injuries have had on your working life. 

Seek Legal Advice

Getting in touch with a specialist personal injury solicitor can be invaluable. They’re able to assist you with determining whether you’d have an eligible claim, provide estimates of how much compensation you could receive and at JF Law, our solicitors work on a No Win No Fee basis, limiting your financial risk when starting a claim. 

Bring Your Claim Within The Time Limit

Most accident at work claims must be started within 3 years of the date of the accident. This ‘limitation period’ is established under the Limitation Act 1980, which prevents claims from being brought indefinitely. 

If you want further information about what steps you can take, contact our advisors today.

Specialist accident at work solicitor

Can I Make A No Win No Fee Crane Accident Claim With JF Law?

Yes, you can make a No Win No Fee crane accident claim with our solicitors at JF Law. By working under a Conditional Fee Agreement, as a claimant, you wouldn’t be faced with any initial upfront service fees for one of our solicitors to begin pursuing your case. 

Moreover, you wouldn’t have ongoing solicitors fees to pay whilst your claim progressed, and most importantly, you wouldn’t have to pay these solicitors fees if your case was to be unsuccessful for any reason.

Conversely, if your claim were successful, a legally capped percentage of your compensation would be taken by your solicitor. This is limited in accordance with the Conditional Fee Agreements Order 2013, and is pre-agreed before your case begins. This means you’d know exactly what percentage would be taken when our solicitors take their success fee. 

As well as the advantages of claiming on a No Win No Fee basis, some of the services on offer from our solicitors include:

  • Assistance with gathering vital evidence
  • Regular updates and support at every stage
  • Simple explanations of complicated processes or legal language
  • Handling all legal correspondence on your behalf 
  • Negotiating a settlement that reflects the harm caused by the crane accident

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Learn More

Why not read our other accident at work pages about:

Helpful External Resources

Thank you for reading our crane accident claim guide. 

 

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All calls are free and there’s no pressure whatsoever to proceed with a compensation claim. 

If you write to us, we aim to respond within an hour or two, and no more than a few hours. 

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