If you or a loved one has suffered a crush injury at the hands of another party, this could have severe, life-altering consequences. In the most serious cases, crush injuries can result in limb amputations, often leading to negative psychological effects. Therefore, you or a loved one may be giving some thought to the crush injury compensation claims process. Fortunately, this couldn’t be easier with the help of our dedicated team of advisors.

Key Takeaways

• Commonly, crush injuries can be sustained in workplace accidents, road traffic accidents, and accidents in public places.
• Crush injuries are often of a serious nature, causing the unwanted release of chemicals into your bloodstream, such as myoglobin.
• You could suffer a crush injury to your arms, legs, feet, hands or back.
• Crush injury compensation is valued on a case-by-case basis, and will therefore vary depending on the severity of the injury, the prognosis period and the impact on your life.
• If a loved one suffered fatal crush injuries, a compensation claim could still be made.

At Accident Claims, our friendly team of advisors are dedicated to providing a high standard of customer service to people just like you. As part of the free services that we offer, you could enjoy a free eligibility case check that looks at the strengths of your claim. If your case is strong, you could then be connected with one of our expert No Win No Fee solicitors to start your crush injury claim. Our specialist solicitors have already gained over £80 million in compensation for their clients. To get started on your claim today, please get in touch with our team:

• Call us on 0800 073 8801
• Contact us by filling out our online form
• Use our free live chat feature

Frequently Asked Questions

1. How Much Crush Injury Compensation Can I Claim?
2. Calculating Compensation For Crush Injury Claims
3. Can Crush Injury Claim Compensation Cover Other Damages?
4. Who Can Make Crush Injury Compensation Claims?
5. Examples Of How Crush Accidents Might Occur
6. What Are The Different Kinds Of Crush Injuries?
7. How To Bring A Crush Injury Compensation Claim
8. Crush Injury Compensation With Accident Claims
9. Learn More

How Much Crush Injury Compensation Can I Claim?

How much crush injury compensation you or a loved one could claim would depend on the severity of the crush injury suffered, which part of your body was affected and how this will affect your daily life.

In successful claims, the crush injury itself and the pain and suffering it has caused would be compensated under general damages.

Compensation for general damages is typically calculated by a solicitor using a medical report in conjunction with the Judicial College Guidelines (JCG). The JCG publication is often referred to by legal professionals, as it contains compensation guidelines for many different injury types.

All entries in the table below, aside from the first figure, have been taken from the JCG. Please note that they are merely guidelines and do not guarantee how much compensation you or a loved one could receive.

Injury	Notes	Compensation Pay-out
Multiple serious injuries with financial losses	More than one form of serious injury with special damages such as loss of earnings and medical expenses	Up to £1,000,000+
Paralysis - Tetraplegia (also known as Quadriplegia)	Such cases may involve a lack of awareness and a significantly reduced life expectancy, and will often involve significant brain damage.	£396,140 to £493,000
Paralysis - Paraplegia	The level of award will depend on the extent of pain, depression and the impact on sexual function.	£267,340 to £346,890
Loss of One Arm (iii)	Involving a below-elbow amputation through the forearm, often involving phantom pains.	£117,360 to £133,810
Hand Injury - Total or Effective Loss of One Hand	The hand was crushed and therefore surgically amputated afterwards.	£117,360 to £133,810
Amputation of One Foot	The level of award will depend on the effect on working life, mental health and involves the loss of the ankle joint.	£102,470 to £133,810
Back Injury - Moderate (i)	Crush and compression fractures of the lumbar vertebrae.	£33,880 to £47,320
Leg Injury 0- Severe (iv) Moderate	Severe crushing injuries to a singular limb.	£33,880 to £47,840
Hand Injury - Less Serious Hand Injury	Severe crush injuries resulting in significantly impaired function	£17,640 to £35,390

To receive an in-depth compensation evaluation, please contact one of our friendly advisors today.

Calculating Compensation For Crush Injury Claims

When calculating compensation for crush injury claims, various factors, such as the severity of the crush, will be taken into consideration.

You or a loved one could also be compensated for any loss of amenity as part of general damages. This essentially refers to the effect the injury has had on your hobbies and social life.

Moreover, the following factors will influence the value of crush injury compensation:

• The injury severity
• The prognosis period
• The impact on your quality of life
• Which part of the body was affected

To learn more about how compensation is calculated, you can contact our advisors.

Can Crush Injury Claim Compensation Cover Other Damages?

Yes, crush injury compensation can cover other damages, otherwise known as special damages. In essence, this award will reimburse you or a loved one for financial losses suffered due to the crush injuries suffered. For instance, you may have paid out of your own pocket for long-term physiotherapy sessions after experiencing a serious injury.

Please see the examples below of special damages that you could include in your claim.

Lost Earnings

If you or a loved one has taken time off work due to crush injuries, the following loss of earnings can be included in your claim:

• Any past or current loss of earnings
• Loss of a bonus
• Loss of overtime pay
• Loss of workplace benefits such as pension contributions and healthcare schemes

Moreover, a loss of earnings calculation for yourself or a loved one would consider the following factors:

• The total time off work
• Net income at the time of the accident
• Whether sick pay was offered, and if it was accepted

Future Loss Of Income

A serious crush injury could also result in permanent disabilities, causing serious effects on the ability to carry out work. In these cases, you could claim for a future loss of income. Therefore, the loss of earnings calculation will consider how long you are expected to be absent. Depending on the severity of the injury, this can differ from case to case.

In essence, the calculation will reflect what you should have earned for a specified time period if the injury had not occurred.

Medical Expenses

If an accident left you with crush injuries, you or a loved one may have sought private medical treatment to avoid long waiting times. As such, you could include the following in your claim:

• Prescription costs
• Mental health support, including counselling, therapy sessions and cognitive behavioural therapy (CBT)
• Consultations for private medical care
• Private medical treatment

Care Costs

Oftentimes, crush injuries can lead to reduced mobility, prompting you to seek care from family members or professionals. Therefore, you or a loved one could claim for the following:

• Carer costs whilst you or a loved one recovered from the injuries. This may include cooking, cleaning and nursing.
• Indirect care costs, such as the loss of earnings of a family member who may have taken time off work to look after you.
• Childcare or elderly care costs you may have incurred if your injuries left you unable to care for family members.

Rehabilitation Or Recovery

You or a loved one could also include the costs of any rehabilitation or recovery sessions needed to aid the crush injuries. For instance, you could include the following expenses as part of your special damages:

• Physiotherapy sessions
• The costs of prosthetics
• Any suggested treatments to aid your injuries, such as bandages, ligament support, and ointments
• Mobility aids such as wheelchairs, crutches and walking sticks

Adaptations To Home

If a crush injury left you or a loved one with permanent or semi-permanent disabilities, home adaptations may have been required to accommodate the injuries. As such, the following costs could be included in your claim:

• The costs of home adaptations such as chairlifts, hoists and ramps
• If your home could not be modified, you may have relocated due to the crush injuries. You could therefore include any removal costs and installation fees in your claim.

Adaptations To Car

Due to reduced mobility caused by crush injuries, you or a loved one may have made car adaptations to cater for disabilities. Therefore, the following could be included in your special damages:

• The costs of vehicle adaptations such as hand controls, steering aids, swivel seats, person hoists and wheelchair roof boxes

Travel Expenses

You or a loved one may have incurred costly travel expenses from travelling to and from medical appointments and physiotherapy sessions. As such, the following costs could be included:

• Fuel costs
• Public transport costs

Crucially, any claim for special damages must be supported with evidence, such as:

• Invoices
• Receipts
• Payslips
• Bank statements

To learn more about how to claim for special damages, please contact our helpful team for assistance today.

Who Can Make Crush Injury Compensation Claims?

Crush injury compensation claims could be made by yourself or a loved one, provided that the negligent actions of another caused said injuries.

Essentially, you would need to prove your case meets the following criteria in order to have a valid claim:

• You or a loved one were owed a duty of care
• Another party breached this duty of care
• You or a loved one suffered crush injuries as a result of the breach

This is otherwise known as the principle of negligence. Moreover, you will typically have up to 3 years to make a crush injury compensation claim. In accordance with the Limitation Act 1980, the 3-year time limit begins from the date of the accident.

Claiming On Behalf Of A Loved One

You could make a claim on behalf of a loved one by applying to the court to become a litigation friend. Essentially, the role of a litigation friend is to:

• Prioritise a claimant’s best interests throughout the claims process
• Manage court documents
• Hold court funds
• Assist in evidence-gathering efforts
• Keep the claimant as informed as possible throughout the claim

You could therefore assume the role of a litigation friend for loved ones who are unable to manage their own legal affairs. As such, you could claim on behalf of:

• A child
• A person lacking mental capacity

Fatal Crushing Accident Claims

Unfortunately, if your loved one has suffered a fatal crushing accident, you could make a fatal accident claim.. The Law Reform (Miscellaneous Provisions) Act 1934 allows the estate of the deceased person to claim for the pain and suffering experienced by the fatality between the accident and the death. They can also claim on behalf of certain relatives of the deceased (referred to as the dependents).

It is important to note that the estate is the only party that can claim within the first 6 months following the death.

Moreover, dependants could claim for the impact of the deceased’s death on them under the Fatal Accidents Act 1976, provided that the estate has not already begun a claim on their behalf within the first 6 months.

Under the 1976 Act, a dependant could be:

• Parents or ascendants of the deceased
• Children or other descendants of the deceased, such as stepchildren
• The husband or wife, or former husband or wife of the deceased
• The current or former civil partner of the deceased
• A person living with the deceased in their household immediately prior to their death, or 2 years before their death as a husband and wife or civil partners

To learn more about claiming for death fatal accident compensation, please get in touch with our helpful team today.

Examples Of How Crush Accidents Might Occur

Examples of how crush accidents might occur may be due to the negligent actions of an employer, occupier (party in control of a public space) or road user.

Below, we explain in more detail how a crush injury could be suffered in each of these scenarios.

Crush Accidents At Work

All employers owe a duty of care to their employees to take practicable and reasonable steps to ensure the safety of their staff. This obligation is also outlined by the Health and Safety at Work etc Act 1974 (HASAWA). In doing this, employers should carry out regular inspections of tools and provide staff with personal protective equipment (PPE) as part of their duty.

If you or a loved one suffered a crush injury due to an employer’s negligence, you could therefore make an accident at work claim. For example:

• An employer could fail to perform regular machinery checks and risk assessments in a factory. A drilling machine could malfunction due to a defect, causing an employee’s arm to become stuck and eventually crushed. This could result in the loss of an arm and psychological injuries such as PTSD.
• An employer could incorrectly stack heavy metal boxes on a high shelf in a warehouse. These boxes could fall on an employee, resulting in multiple crush and brain injuries.

Crush Accidents In Public Places

Under the Occupiers’ Liability Act 1957, occupiers of public places have a duty of care to visitors of their premises. As such, occupiers should take steps to ensure the reasonable safety of such visitors as part of their duty. For instance, occupiers should install safety barriers and clean up spillages to avoid slips and falls.

Therefore, if you or a loved one has suffered crush injuries due to an occupier’s negligence, you could make a public liability claim. For instance:

• A pub owner could fail to fix structural damage of an old pub roof. As a result, a falling object from the roof could hit a customer whilst entering the building, causing severe crush injuries. In addition to this, the customer could require a leg amputation.
• An owner of a theme park could fail to perform regular maintenance checks on some of the rides. Consequently, a ride could malfunction with passengers on it, resulting in multiple crush and back injuries.

Crush Injuries From Road Traffic Accidents

All road users owe a duty of care to navigate the roads in a way that prevents harm to themselves and others. To adhere to this duty, they must also abide by the Highway Code and the Road Traffic Act 1988. This applies to all road users, such as:

• Drivers
• Motorcyclists
• Cyclists
• Pedestrians

Therefore, if you or a loved one has sustained crush injuries from another driver’s negligence, you could make a road traffic accident claim. To illustrate:

• A driver could fail to pay attention to the road due to using their mobile phone. Due to this, the driver might fail to see the vehicle in front braking, leading to a rear-shunt accident. The passenger of the other vehicle could therefore suffer crush injuries and require a toe amputation.
• A drunk driver could fail to stop at a zebra crossing, causing serious injury to a pedestrian walking across. The pedestrian could also suffer from severe leg crush injuries as well as depression and anxiety.

Please note that the above list is not exhaustive, and crush injuries could arise in many different circumstances. To discuss your personal experience with one of our friendly advisors, please feel free to contact our team today.

 

What Are The Different Kinds Of Crush Injuries?

The different kinds of crush injuries include compartment syndrome, crush syndrome, hypovolemic shock and skin degloving. We explain what each of these are, in more depth below:

• Compartment syndrome. This condition can arise due to swelling in a muscle compartment, leading to an increase in pressure. This can lead to decreased blood flow and even tissue death of the affected area; depending on the severity, surgery may be required to relieve the pressure.
• Crush syndrome. This condition can develop due to the release of pressure following a crush injury. For instance, the release of muscle breakdown products into the bloodstream can lead to sepsis, kidney failure and cardiac arrest.
• Hypovolemic shock. This can result from a significant loss of blood after a crush injury, leading to a low blood volume with life-threatening consequences.
• Skin degloving. Where a crush injury causes the twisting or rolling of skin, it may separate from the underlying tissue. This can cause severe blood loss and serious infections.

Depending on the severity of the crush injury, the symptoms can vary.

To discuss making a crush injury compensation claim, please feel free to contact one of our advisors today.

How To Bring A Crush Injury Compensation Claim

To bring a crush injury compensation claim, it’s essential that you provide evidence to support your version of events. In essence, you or a loved one must demonstrate that another party breached their duty of care, directly resulting in the crush injuries.

Please see the following examples of evidence that you could provide:

• A copy of your or your loved one’s medical records, detailing the crush injuries.
• Dashcam footage of the accident.
• Contact details of any potential witnesses who could support the claim at a later date.
• CCTV footage of the incident. You have a legal right to request CCTV footage of yourself.
• Photographs of any visual injuries
• A copy of an accident report form that details the accident
• Contact and insurance details, and vehicle plate number if involved in an accident with a driver.

If you’re connected with one of our specialist No Win No Fee solicitors, they could help to gather evidence on your behalf. To learn more about the different types of evidence you could provide, please contact one of our friendly advisors today.

Crush Injury Compensation With Accident Claims

Here at Accident Claims, one of our expert solicitors could help you with claiming crush injury compensation. Our dedicated team of advisors are available around the clock to answer any questions you may have about the claims process. Moreover, you could be connected with one of our experienced No Win No Fee solicitors to make your claim for crush injury compensation. Our solicitors operate under a Conditional Fee Agreement (CFA), which provides the following benefits:

• No upfront or ongoing solicitor service fees
• No solicitor service fees in the event that your claim is unsuccessful
• If your claim is a success, you’ll be required to pay your solicitor a success fee. The percentage of this fee will be legally capped and deducted from your compensation. Due to this, you’ll always receive the majority of your payout.

At Accident Claims, you could also enjoy the following:

• Regular claim updates
• Arrangements of physiotherapy sessions to aid any ongoing injuries
• Help with signing legal documents
• Explanations of key legal terminologies
• Assistance with evidence-gathering
• Negotiating a settlement on your or your loved one’s behalf that reflects the pain and suffering experienced

Contact Our No Win No Fee Solicitors

To start a claim for crush injury compensation today, please contact one of our advisors:

• Call us on 0800 073 8801
• Contact us by filling out our online form
• Use our free live chat feature

Learn More

To learn more about personal injury claims, please see some of our other guides:

• Learn about spinal accident claims
• Get help with forklift accident claims
• See the following advice about chemical burn compensation claims

Additional external resources:

• Get hep with applying for statutory sick pay from Gov.UK
• See the following advice on manual handling at work from the Health and Safety Executive
• Learn when to call 999 from the NHS.

Thank you for reading our helpful guide on how to claim for crush injury compensation.