Dumper Truck Accident Claims Guide

By Jo Anderson. Last Updated 11th July 2023. In this guide, we will discuss dumper truck accident claims. This article will look at the legislation and regulations in place to protect those who work with dumper trucks and how employers have a legal obligation to take the appropriate steps to keep employees safe. Detailed in this guide will be examples of accidents that could involve dumper trucks and the types of injuries that can result from said accidents. Moreover, we will examine the eligibility criteria for making a personal injury claim.

Dumper trucks are vehicles used to transport heavy or bulk materials. They have a mechanism for depositing the goods where necessary, making them useful in industries such as construction.

dumper truck accident claims

Dumper truck accident claims guide

Furthermore, workers tasked to operate a dumper truck should be fully trained. If your employer instructs you to operate such a vehicle without providing proper training, and as a result, you have an accident and sustain injuries, you could be eligible to claim compensation due to employer negligence.

At Accident Claims UK, our advisors can help you by assessing the validity of your claim and give you legal advice tailored to the details of your case. The advice provided is both free and confidential. Get in touch at a time convenient for you; our advisors are available 24/7.

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Select A Section

  1. Dumper Truck Health And Safety
  2. Safe Operation Of Dumper Trucks
  3. Types Of Injuries In Dumper Truck Accident Claims
  4. How To Prove Employer Negligence
  5. Time Limit For Dumper Truck Accident Claims
  6. Calculating Dumper Truck Accident Claims
  7. Making No Win No Fee Dumper Truck Accident Claims

Dumper Truck Health And Safety 

Under the Health and Safety at Work etc. Act 1974 (HASAWA) employers owe a duty of care to their employees. Therefore, they must take reasonably practicable steps to keep their workers safe. This includes:

  • Carrying out maintenance and repairs within the correct time frame.
  • Providing proper training.
  • Ensuring that risk assessments are carried out.
  • Supplying Personal Protective Equipment (PPE) where a risk assessment has shown it to be necessary.

The independent body responsible for helping to improve safety in the workplace is the Health and Safety Executive (HSE). They provide a useful guide to the safe use of site dumpers in the construction industry. It is important that those in control of the work plan safe systems of work, assess risks and ensure workers on site are well-informed and follow the safety instructions.

If an employer were to breach their duty of care by, for example, not carrying out any risk assessments which leads to you getting injured, you could be eligible to make an accident at work claim. To learn more about dumper truck accident claims, contact our advisors today.

Safe Operation Of Dumper Trucks  

How could an accident occur involving a dumper truck?

  • The truck could overturn due to uneven ground or overloading.
  • A worker or pedestrian could be hit by the truck.
  • The driver could be thrown from the truck if the ground is very uneven.
  • An error in operating the dumper mechanism could result in a crush injury.
  • The load in the dumper truck could be unsecured, and therefore a worker could be struck by a falling object.

To prevent avoidable accidents from occurring in the workplace, employers have a responsibility to ensure employees operating a dumper truck are trained and aware of health and safety precautions. Additionally, employers should make certain that all site dumpers are safe for use.

It is important to note that there is also a responsibility on you as an employee to follow the training you are given and behave reasonably.

Types of Injuries In Dumper Truck Accident Claims

Below we look at injuries that have the potential to occur if employees are involved in accidents with dumper trucks:

  • Head and brain injuries.
  • Back injuries involving fractures and soft tissue injuries.
  • Chest injuries such as penetrating injuries.
  • Hand injuries involving crush injuries and amputations.
  • Arm injuries which may result in disability.
  • Leg injuries which could affect your ability to walk.
  • Psychological injuries such as anxiety.

There may be a number of ways that these injuries could occur while working with a dumper truck. If you require any more information or advice on your eligibility to claim, our advisors are available to answer any questions 24 hours a day, 7 days a week.

How To Prove Employer Negligence

Personal injury claims for injuries at work are valid on the basis that you can prove employer negligence. If your employer has followed all health and safety legislation and adhered to applicable laws, accidents that occur may not be the responsibility of the employer.

For your claim to be valid, your employer must be liable for what happened. In order to show employer negligence, you will need to gather evidence. This may include CCTV footage, photographic evidence, witness contact details and medical evidence.

We also recommend that you seek legal advice. A legal professional can help you to compile evidence and navigate the claims process. Please speak to one of our advisors today to learn more. They can assess your claim and potentially offer insight into liability.

Time Limit For Dumper Truck Accident Claims

In addition to proving that your employer was liable for your injuries, you’d also only have a limited amount of time to file your claim for a dumper truck accident.

Under the Limitation Act 1980, you would usually have three years to file your claim, from the date of the accident. However, there are some exceptions that could apply. 

For example, if someone did not have the mental capacity to make their own claim, the limitation period would be indefinitely frozen. During this time, a responsible adult, such as a relative or solicitor could file a claim on the injured person’s behalf as a court-appointed litigation friend. 

However, if no claim was filed, and the injured party recovered their capacity, the 3 year limitation period would apply from the date they recovered.

Exceptions could also apply to children (under the age of 18) injured in accidents involving dumper trucks. 

If you would like to learn more about how long you’d have to file your claim, you can contact an advisor. They could check your eligibility to claim and can help you take legal action today.

Calculating Dumper Truck Accident Claims

In the case of successful dumper truck accident claims, there are potentially two categories of compensation that could be awarded:

General Damages – Cover the pain and suffering your injuries caused or the development of any mental health conditions. This takes into account the severity of your injuries and the impact they have on your overall quality of life.

Special Damages – Compensates for the financial losses you suffered as a result of your injuries. This can cover both past and future losses.

We have created a table below to provide a guide to compensation amounts under general damages. The information in the table is taken from the Judicial College guidelines (JCG), updated in 2022. Solicitors can also use the JCG to help them value personal injury claims.

Injuries Compensation Brackets Notes on the Injuries
Injury as a Result of Brain Damage: Very Severe (a) £282,010 to £403,990 This bracket is likely to cover cases involving quadriplegic cerebral palsy, which lead to severe physical and cognitive disabilities. The person will require full-time nursing care.
Back Injuries: Severe (a)(ii) £74,160 to £88,430 Injuries involving special features, such as damage to nerve roots, which leads to further problems, for example, loss of sensation and impaired mobility.
Neck Injuries: Severe (a)(ii) £65,740 to £130,930 Serious fractures or damage to the discs in the cervical spine, leading to disabilities of considerable severity.
Injuries to the Pelvis and Hips: Moderate (b)(i) £26,590 to £39,170 There is a significant injury to the pelvis or hip. Any permanent disability will not be major.
Wrist Injuries (b) £24,500 to £39,170 The injury will result in a significant permanent disability. Some useful movement will remain.
Shoulder Injuries: Severe (a) £19,200 to £48,030 These are often associated with neck injuries involving the brachial plexus.
Hand Injuries: Less Serious (g) £14,450 to £29,000 A severe crush injury leading to significantly impaired function.
Ankle Injuries: Moderate (c) £13,740 to £26,590 Injuries involving ligamentous tears and fractures giving rise to less serious disabilities, for example, difficulty walking on uneven ground.
Toe Injuries: Severe (c) £13,740 to £21,070 The person may have severe crush injuries where the amputation of a couple toes (other than the great toe) may be necessary.
Wrist Injuries (e) In the region of £7,430 A Colles’ fracture which is uncomplicated.

As no two cases are the same, you should consider the figures in the table as a guide.

Special Damages

Under special damages, you could receive reimbursement for:

  • Medical expenses
  • Care claims
  • Loss of income
  • Travel expenses

You would need to provide evidence to prove any financial losses. For example, you could keep receipts and invoices. Also, you could provide payslips and bank records.

Please get in touch with our advisors today to discuss how much compensation could be awarded for dumper truck accident claims.

Making No Win No Fee Dumper Truck Accident Claims

A Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement, is an arrangement between yourself and a solicitor that means you generally won’t make any upfront or ongoing payments for their services. However, in the event your claim is not successful, there are no fees to pay for the service the solicitor has provided.

However, if the opposite occurs and your claim is a success, a No Win No Fee solicitor will generally receive a small percentage of the compensation, referred to as a success fee.

Get in touch with us today to discuss dumper truck accident claims. If our advisors find your accident at work claim eligible, they could put you in contact with one of our specialist No Win No Fee solicitors.

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Other Resources

Take a look at more guides from our website:

Below are some additional resources we have included for you to explore:

If you require any further information on dumper truck accident claims, please get in touch with us today.