Going to work should be, if not something we always look forward to, an experience that we don’t mind undertaking in order to get paid. We certainly don’t expect to leave work unable to walk. However, in this case study that we have researched, a woman carrying out her usual duties at work was left in agony after a trailer carrying her to another part of the premises was released from the cab and she was spilled out – along with other colleagues – onto the road, causing her to suffer injuries to her lower back/pelvis and neck. The woman in question sought compensation for a pelvis injury at work and was awarded £120,000 in compensation for her accident at work. Below, we take a look at the case in more detail, explaining how accident at work compensation claims can be started without funds upfront, as well as talking about what to do after an accident at work and how to conduct a personal injury claim for a pelvis injury at work.
Machinery Workplace Safety Information
Operating machinery at work safely is essential to avoid accidents in the workplace and any employer that requires their staff to do so has a responsibility to make sure that people are fully trained, risk assessed and aware of the risks involved and what to do to minimise them. This is re-iterated all the time in accident at work law. For example, the person operating the cab of the tractor that the claimant was tipped from – as well as the employer – should have made sure that:
- The machinery is in good working order, with any safeguarding equipment properly checked and installed and without defects present.
- They operated the equipment in the manner which it is meant to be used. In this case, the tractor was not supposed to transport staff, and there were no safety harnesses to protect the staff that were in the trailer.
- They should know of all operational switches, buttons and levers and should be aware of what they all do to avoid inadvertently pressing or switching the wrong one, which could – and did in this case – cause harm to themselves or others.
The HSE have a special document that pertains to tractor safety and this explains a step by step process of ensuring everyone’s safety around these large machines.
There are, obviously risks within any job that requires the use of machinery, even when it is used correctly. In fact, according to HSE information, being struck by a moving object or having had contact with machinery caused 97,000 accidents each year on average. This is illustrated below:
Whatever the reason you suffered a pelvis injury at work, whether it was due to a fall from height (which could be the category the claimant’s injury fell into) or whether it was because of an act of violence or something else entirely, if your employer failed to keep you as safe as they could have done, it is important to look into the possibility of making a work accident claim, as you may be able to recoup costs with the help of no win no fee solicitors and get compensation for the pain you’ve had to endure.
What Injuries Did The Claimant Suffer?
Sadly, in this case the injuries suffered by the victim were quite significant, and although the initial injuries were resolved within 6 months of the accident, during this time of recovery, she required a lot of assistance around the home and with simple self-care activities. This is not uncommon in pelvic injuries, as we will explain below.
Hip and pelvic injuries can be caused by hip fractures, which are breaks or cracks in the thigh bones; near to the joint of the hip at the top of your legs. The symptoms of this kind of fracture can include a leg turning outwards or being unable to bear weight on the legs, as well as severe pain, and loss of movement. If you receive a fracture of this type hospital treatment is the only option. You will likely be x-rayed and given pain relief, and treatment will involve surgery in the vast majority of cases. In around 50 percent of cases, a hip replacement may be required, or if it is not required immediately, like in this case, it may mean the person has to undergo a hip replacement sooner than they would if they were not injured. This was what happened to the claimant in this case, and she has now had to have the hip replacement.
Allegations Made Against The Employer
The employer faced allegations that they had failed in their duty of care towards the claimant. They were said to be liable for the claimant’s other colleagues’ actions and failing to provide the victim with suitable and adequate transportation. The victim was transported in a trailer on the back of one of their tractors, which was not deemed suitable to transport people. Another colleague accidentally flipped a lever within the cab that released the trailer, tipping the victim and her colleagues on to a road. The employer, although admitting liability, did not agree with the extent of the claimant’s injuries claimed. It was necessary to provide medical evidence and after commencement of legal action, the insurers for the employer settled on £120,000 before the case made it to court.
The awarded £120,000 was meant to cover the pain and suffering after the initial accident, as well as compensation for the likelihood that the woman was likely to need to have a hip replacement some years earlier than she would have done without this accident. It is important to understand that if a pre-existing condition is made worse by an accident that is someone else’s doing, then it may be possible to claim for this. In this case, the settlement did take this into account. It also covered the care at home the woman required after her injury as she was struggling with day to day self-care because of her injuries. In addition to this, the woman was compensated for time off work when income was lost, and the difficulty she faced finding work that she could do after her injuries.
Can You Make A No Win No Fee Claim For An Accident At Work?
Can you imagine a risk-free claiming process where you don’t pay legal fees unless you win, and then it is only taken as a percentage of your compensation? This is how no win no fee works. When you work with a solicitor on this basis for your pelvis injury at work claim, they will have you sign a document explaining the percentage that will be taken once your claim has been successful in awarding you a payout. There are, of course, benefits of working within this type of agreement, called a conditional fee agreement. Firstly, you don’t risk your own money. If your solicitor does not win your case, then you won’t be saddled with a legal bill. Secondly, since the solicitor in question that is fighting your pelvis injury at work claim on this basis, you know they’re doing all they can to win for you – as they know they get paid if you win. If you’d be interested in finding out in more detail how this works, then our friendly team of experts will be delighted to answer your questions, including explaining the cap on legal fees for personal injury cases.
How To Contact Accident Claims UK
Choosing someone to represent you as your personal injury solicitor for your pelvis injury at work is a decision that should never be taken too lightly. You need someone in your corner to understand all the complexities in your case, you need someone to support you along the way and you need someone who will listen, advise and explain, all with your best interests at heart. Here at Accident Claims, we feel we are that someone. Our friendly, sympathetic advisors are aware of the upset that a pelvis injury at work can cause, both physical and mental, and we also know what an effect it can have on your finances. We feel we have a fantastic team of well-informed legally trained staff who can and will offer free advice on your claim, as well as helping connect you with the right personal injury lawyer for your specific set of circumstances. Want to see how we can help? 0800 073 8801 connects you swiftly with a member of our team to go through your case and begin a claim should you wish to do so. Alternatively, we can offer advice which you can then take or leave, there is no obligation at all to use our service or take our advice. We simply want to help.
Hip accidents and fractures – Hip injuries can be complex – find out more about them here.
HSE – Types of Accident – For more information about types of accidents that happen within workplaces, see here
What to do after an accident at work – We’ve collated all the information you should know if you’re pursuing a claim against an employer here.