By Jo Anderson. Last Updated 14th December 2023. Welcome to our guide where we will be providing free legal advice on crane accident claims. Throughout the duration of this guide, you will find free legal advice regarding making a crane accident claim as well as crane accident statistics. We aim to answer questions such as “What are the 4 most common crane accidents?” and “How do I know if I could claim?”
You will also gain a greater understanding of how a personal injury solicitor could offer to handle your claim under a No Win No Fee agreement. We also talk about how we could help you with No Win No Fee accident claims for injuries caused by crane failures.
Making A Crane Accident Claim
If you were involved in a crane accident and sustained injuries whether slight or catastrophic leaving your incapacitated and the incident was wholly or partly the fault of a third party, you could be entitled to file a personal injury claim for the pain, suffering, loss of amenity, damages and out of pocket expenses you incurred through no fault of your own.
Working with or around heavy machinery/equipment is not without its risks. However, the number of fatalities involving cranes has been seen to decline over recent years thanks to the Health and Safety regulations that are in place. With this said, many people die or suffer catastrophic injuries when involved in a crane accident that can be life-changing.
Select A Section
- Am I Eligible To Claim For A Crane Accident?
- Time Limit For Crane Accident Claims
- What Type Of Accidents Are Caused By Cranes?
- What Are The Causes Of Crane Accidents And Injuries?
- How Do Crane Accidents And Injuries Happen?
- Evidence Needed In Crane Accident Compensation Claims
- What Steps Should You Take If Involved In A Crane Accident?
- Crane Accident And Injury Compensation Payouts
- No Win No Fee Accident Claims For Crane Failures
- Useful Links Relating To Crane Accident Claims
Am I Eligible To Claim For A Crane Accident?
While at work, your employer owes you a duty of care, as stated under the Health and Safety at Work etc. Act 1974. Per their duty, they must take reasonably practicable steps to avoid workplace accidents, such as crance accidents, from taking place and helping to ensure your safety.
Some examples of the steps your employer could take to maintain their duty of care include:
- Providing all staff with sufficient training.
- Regularly maintain any workplace machinery and equipment.
- Perform regular risk and hazard assessments.
To be eligible to make a crane accident compensation claim, you would need to meet the personal injury claims eligibility criteria, which is:
- You were owed a duty of care, in this case, by your employer.
- This duty was breached.
- Due to this breach, you suffered an injury.
If you have any questions regarding crane accident claims, or would like to receive free advice for your specific case, contact our advisors.
Time Limit For Crane Accident Claims
If you are eligible to make a crane accident compensation claim, you will typically only have three years to file your case. Under the Limitation Act 1980, this time limit will run from the date of the accident.
However, there are some exceptions to this. For example, in cases involving those who lack the mental capacity to make their own crane accident claims, the limitation period would freeze indefinitely. During the time it is frozen, an appropriate adult could apply to be a litigation friend and claim on behalf of the injured party. Should no claim be made and the person regains their mental capacity, they would have three years from the date of their recovery to claim.
For those injured under the age of 18, they are unable to start their own claim until their 18th birthday. From this date, they will have three years to begin the claiming process. While the time limit is paused, a litigation friend could claim on their behalf.
To learn more about claiming for crane accidents, or to begin a claim today, please contact an advisor.
What Type Of Accidents Are Caused By Cranes?
Before we look into crane accident claims, let’s first look at what these accidents are.
Operating heavy machinery and equipment like cranes whether mobile or tower, requires the correct training and concentration. Lack of experience, training or concentration can result in a crane accident causing catastrophic injuries to people whether workers, bystanders or passers-by.
What are the most common crane accidents?
Studies have shown that a crane accident involves collisions with overhead electricity cables among the more common causes of a crane accident. Other reasons for a crane accident are detailed below:
- Collisions with buildings or other objects at height nearby
- Crane collapses or topples over
- 2 cranes collide
- Loads fall to the floor
- Hook swings out injuring people close by
- Crane is incorrectly balanced causing it to topple over
- Loads are heavier than they should be which results in a crane being destabilised
- Errors made while unloading or loading the crane
- Sudden gusts of wind causes crane to lose load
- Subsidence or an incorrectly supported crane
What Are The Causes Of Crane Accidents And Injuries?
Negligence, insufficient operator training or equipment failure are top of the list when it comes to why a crane accident happens. Studies show that people are more at risk of being injured when working with and around heavy machinery and equipment with 80 people annually suffering fatal injuries.
With this said, a passer-by or a bystander also runs the risk of being involved in a crane accident more, especially when overhead or mobile cranes are in operation, resulting in them being slightly, severely or fatally injured.
If you or a loved one has sustained a crane accident injury and would like to discuss your case with an Accident Claims personal injury solicitor, please do not hesitate in contacting us either by phone, email or you can request a “call back” by filling out the form provided. We can help you get the maximum compensation you deserve by making crane accident claims today.
How Do Crane Accidents And Injuries Happen?
A crane accident can happen for a variety of reasons with negligence, an inexperienced operator or equipment failure being high on the list. The most common reasons being detailed below:
- Crane collapses or topples over
- Crane collides with an overhead power line
- Crane loses a load whether all of it or part of it
- A load hits a person while being moved
- Mechanical/equipment failure
- 2 mini cranes collide
If you would like to know whether you have grounds to make a crane accident claim against a negligent employer, please contact an Accident Claims personal injury lawyer today.
Evidence Needed In Crane Accident Compensation Claims
All workplace accident claims are treated as unique but in general, there is specific evidence needed to prove and strengthen your case. With this said, an Accident Claims personal injury lawyer would be in the best position to tell you if there is anything in particular that you would need to provide as evidence relating to your crane accident. In general, the evidence you would need to provide when filing a personal injury claim against a third party is detailed below:
- Photos of the crane accident and your injuries
- Witness statements and contact details
- CCTV footage if available
- All information regarding your experience, qualifications for operating a crane
- Receipts for any expenses incurred as a direct result of the crane accident
- A report of how the crane accident affected your day to day life and whether your injuries negatively impacted your lifestyle
What Steps Should You Take If Involved In A Crane Accident?
There are specific steps you must take having been involved in a crane accident, whether you want to make an accident claim or not.
The first and most important thing to do is seek medical attention should your injuries be slight or severe. Following this, the crane accident must be reported to an employer and if you’re unable to do this because of your injuries, someone on-site must do this on your behalf.
Under UK law, an employer must have a specific accident report procedure in place and they must adhere to it. The steps you must take following a crane accident are detailed below:
- Report the crane accident to your employer so they can record the incident in an accident report book
- Seek medical attention as soon as possible and obtain an official report on your injuries and your overall condition and well-being
- Keep notes of your injuries and how the crane accident occurred
- Get contact details of all witnesses
- Take photographs of your injuries
- Take photographs of where the crane accident occurred
Crane Accident And Injury Compensation Payouts
If your crane accident compensation claim is successful, you could receive compensation under two heads of claim; general and special damages.
Under the general damages head of claim, you would be compensated for the pain, suffering and loss of amenity caused by your injuries. Those calculating general damages for crane accidents could look at a publication called the Judicial College Guidelines (JCG) for guidance. This publication provides guideline compensation brackets for a range of injuries at various levels of severity. Below, you can view a table with figures from the 2022 release of the JCG.
Please note, however, that this is only for guidance, and the first figure is not from the JCG.
Injury Type | Compensation | Notes |
---|---|---|
Multiple serious injuries with financial expenses and losses included. | Up to £1,000,000+ | A combination of serious injuries that cause serious pain and financial expenses such as care costs, medical expenses and loss of pay. |
Arm amputation (b) (ii) | £109,650 to £130,930 | One arm lost above the shoulder. |
Neck Injuries – Severe – (a) (ii) | £65,740 to £130,930 | Serious fractures and/or disc damage. |
Neck Injuries – Moderate (b) (ii) | £13,740 to £24,990 | Disc lesions causing cervical spondylosis or soft tissue and wrenching injuries. |
Leg Injuries – Serious – (b) (iii) | £39,200 to £54,830 | Compound or comminuted fractures/ serious injuries to ligaments and joints, leading to instability. |
Brain Damage – Less Severe (d) | £15,320 to £43,060 | Recovery to a level that allows for a return to work and relatively normal life. |
Elbow Injuries (b) | £15,650 to £32,010 | Functional impairment but where there is not a great level of disability. |
Back Injuries – Minor (c) (i) | £7,890 to £12,510 | Between 2-5 years a full recovery would be effected. |
Clavicle fracture (e) | £5,150 to £12,240 | Clavicle Fractures |
Successful claims for crane accidents could also result in compensation under the head of claim known as special damages. Special damages are designed to compensate for financial losses and expenses caused by your injuries. They could include:
- Travel costs associated with medical appointments or meetings with a solicitor about your claim.
- Medical expenses, such as costs of mobility aids or prescription fees for example.
- Care costs for any paid care at home you’ve needed due to your injuries
- Loss of earnings for loss of pay due to you being unable to work because of your injuries.
To learn more about compensation payouts for crane accident claims, please call an advisor. They could give you a personalised estimate of your compensation.
No Win No Fee Accident Claims For Crane Failures
If you meet the eligibility criteria to make a personal injury claim following a crane failure, you may wish to have legal support. After discussing your case with one of our advisors, they may connect you with one of our solicitors. If they agree to take on your case, they may offer you a Conditional Fee Agreement, which is a type of No Win No Fee arrangement.
Under this arrangement, you will not need to pay the solicitor working on your case any upfront fees for their services or during the process of your claim. Furthermore, if your claim does not succeed, you will not have to pay your solicitor for the work they have provided.
Should your claim succeed, you will have to pay your solicitor a success fee. This fee is deducted directly from your settlement award, and there is a legal cap in place for the percentage this fee can be.
For more information about personal injury claims for crane accidents, you can contact our advisors. They could also connect you with one of our solicitors if they think you have a valid case. To connect with an advisor, you can:
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- Call 0800 073 8801
- Use our live chat.
- Contact us online.
Useful Links Relating To Crane Accident Claims
To find out more about Health and Safety statistics relating to construction injuries and fatalities, please follow the link below:
Health and Safety Executive statistics in the construction industry
If you would like to know more about an employer’s responsibility in the workplace, please follow the link below:
An employer’s responsibility towards workers
If you were involved in a crane accident and would like to know more about your legal rights, please follow the link below:
Your legal rights at work explained
If you would like to know more about filing a personal injury claim for fractured /broken bones following a crane accident, please click on the link below:
How to file a personal injury claim for broken bones
Thank you for taking the time to read our guide on crane accident claims. Should you have any additional queries, please reach out and contact our team.