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Crush injury compensation claims

We specialise in helping victims of crush injuries win the compensation they deserve. If you’ve been the victim of a crush injury due to someone else’s negligence, you might be entitled to compensation.

We are a claims management company and receive payment from our partnered law firms. If your free claim assessment is successful, you will be connected to a specialist law firm.

Experts in crush injury claims – offering capable solicitors

What is crush injury compensation?

Understanding the Nature of Crush Injury Claims

In the UK, most crush injury claims arise after an accident at work. It’s a particularly common risk amongst workers in the construction, manufacturing and agricultural sectors, and the body parts most often impacted are the hands and fingers.

Crush injuries occur whenever a body part gets jammed, pinched or squashed by or between objects. For instance, the trapping of a person under a rolling vehicle. Often, the damage is internal and hidden, and can be extensive.

Crush injuries can damage bones, muscles and internal organs, depending on the degree of force. Sometimes, a crush injury is so severe that amputation is necessary, which can lead to life-changing consequences.

If you have sustained a crush injury due to the negligent actions of another person, we can help. Our expert panel of crush injury lawyers can offer timely and compassionate legal assistance to potentially help you recover the financial compensation you deserve.

Common causes of crush injury claims

Crush injuries can occur in any situation, but they most commonly happen in the workplace. But what is crush injury compensation, and under what circumstances can you make a claim?

Dangerous machinery

Machinery at work causes over 1,500 serious crush injuries a year, according to the Health and Safety Executive. Crush injuries typically occur when a worker experienced entanglement with a machine. Most machinery-related crush injuries affect the hands and fingers and can permanently affect the injured person’s ability to work.

Employers have a duty to ensure that:

  • Machinery is working properly
  • Staff have training on how to operate it safely

In addition, The Provision and Use of Work Equipment Regulations 1998 mandates even more employer requirements, one of which is to fix suitable guards. Another is to establish “danger zones” around machinery so that no worker comes into contact with a dangerous moving part.

If an employer doesn’t take reasonable steps to protect you, they may owe you crush injury compensation.

Falling objects crush injury claims

Crush injuries can occur when a heavy load collapses, trapping someone beneath. For example, materials falling from a warehouse shelf or collapsed structures on a building site. The object does not have to fall very far to cause serious crush injury.

Employers are responsible for keeping the work environment as safe as possible and must supply Personal Protective Equipment (PPE) to protect workers from crush injuries. An employer may be liable for injuries you sustain if they fail to supply:

  • Hard hats
  • Steel toe-capped boots

Work vehicle claims

Diggers, cranes, forklift trucks and certain types of farm vehicles are dangerous pieces of equipment, because they can cause serious crush injuries without maintenance or correct operation. The vehicle could pin someone up against an object, run over their feet, or roll over a person. They can also collide with other objects, such as storage racks, causing crush injuries from toppling.

Employers must design safe working processes, so cranes, forklifts and other vehicles can move safely around the workplace. Employees also need training on how to use these vehicles safely. If you suffer injury in a workplace vehicle accident, you may be able to make a crush injury compensation claim.

Road traffic accident crush injury claims

These kinds of crush injuries can occur when the roof of a vehicle collapses in a rollover accident. Alternatively, they can happen if a vehicle is compressed to such an extent that the driver/passengers are trapped inside. Crush injuries can also affect cyclists, motorcyclists and pedestrians who either:

  • Become trapped between vehicles
  • Become trapped between a vehicle and another object, like a wall

All road users have a duty to act responsibly and take reasonable care for the safety of others. If a driver acts recklessly and negligently, they may owe compensation to anyone suffering an injury. If so, the negligent driver’s insurance company often settles the claim instead of the driver directly.

Finger entrapment crush injury claims

Doors are responsible for a considerable number of crush injuries to the hands and fingers. The best way to avoid a crush injury is to keep your wits about you. However, there are certain steps that a building owner should take to stop visitors trapping their fingers in doors.

Children are especially susceptible to door trapping injuries since they may not be aware of the risks. A soft closure system, which stops the door from closing quickly, prevents crush injuries in schools, nurseries and other public places. At the hinge side, a finger protection device minimises the door and frame gap to eliminate the chance of trapping fingers.

The law, in essence, requires employers, local authorities and building owners to identify hazards and protect people from crush injuries. Those that fail to do so may expose themselves to a compensation claim.

Crowd control crush injury claims

Crowds are a condition of modern life. Most of us encounter them at concerts, football matches, parades and shopping sales every year. Large numbers of people do not pose a crush injury threat when they are properly managed and controlled. But something may restrict the flow of pedestrians (for example, blocking off the exit). Then, the crowd can exert a suffocating pressure known as crowd crush.

The organisers of large public events have a duty to protect visitors from risk to personal safety. That includes potential crush injuries, too. If you suffer an injury from a crowd crush because the organiser didn’t implement appropriate crowd management techniques, you may deserve to claim compensation.

Making a successful crush injury compensation claim

To make a successful crush injury claim, your solicitor must be able to prove two main things.

  1. That the cause of the accident is the fault of another person (negligence)
  2. That you suffered crush injuries as a direct result of the accident (causation)

Depending on the type of crush injury, any number of people in different occupations can be at fault, too. The negligent person could be an employer, a car driver, the local authority or someone else.

The success of your claim hinges on the strength of the evidence. Your solicitor will gather and examine evidence to support your compensation claim, such as:

  • Witness testimony
  • CCTV footage
  • Photographs
  • Machinery specifications and
  • Repair logs

What compensation can you seek for crush injury claims?

In crush injury claims, the victim may receive compensation in the form of “damages” from the liable party. Damages are there to return you to the position you were in prior to the accident. In general, compensation law divides damages into two main categories.

General damages

General damages cover the pain and suffering associated with your injury. This includes discomfort at the time of the accident and any future suffering from injury and treatment. Damages for pain and suffering depends on the extent and duration of the crush injury. In essence, the more pain in the present and future, the higher the compensation.

You cannot work out the value of general damages simply by adding up bills and receipts. Determining the amount is subjective and open to interpretation. People experience crush injuries in different ways, and the Courts recognise this fact.

In general, we calculate compensation on the basis of your individual experiences. For instance, the loss of your ability to enjoy hobbies and other recreational pursuits. Also, the emotional distress your accident causes to you.

General damages can come either in the form of a:

  • Court judgement
  • Agreement via an out-of-court settlement between the parties

Insurance companies, lawyers and Courts can usually come up with a fair settlement, by referring to a document – the Judicial College Guidelines. The Guidelines recommend an upper and lower limit for various types of crush injuries. Accordingly, they reference the level of compensation awards in similar cases.

Special damages

Expenses with direct relation to the accident and the injury are special damages. They include such items as medical treatment costs, lost income, travel costs, property damage and the cost of medical aids. You can also claim for adaptations that you need to make to your home. For instance, the installation of wheelchair ramps or shower rails.

In more serious crush injury claims, you may have a claim for future, as well as past, loss of income. This will be the case if you are unable to return to work as a result of your crush injuries. Or if you’re unable to work the same number of hours or at the same salary level. In this scenario, an employment consultant’s expert report can determine precisely what you can do in the future.

In truth, you can calculate special damages with reasonable specificity. But it requires documentation, or you won’t be able to include it in your claim. It’s therefore important that you gather all your medical bills, including treatment providers, wage slips, and receipts for purchases, replacements and repairs.

Our crush injury accident specialists will be able to give you a rough idea of the value of your claim. We can do this when you first contact us with details of your accident. Moreover, we’ll revise our estimate with the collation of medical evidence after gaining a better understanding of your crush injuries.

Who pays the compensation for crush injury claims?

The insurer of the person liable for the injury usually settles the claim. For example, the employer’s insurer will pay compensation if the crush injury occurs in a work accident. In contrast, a driver’s insurer will pay compensation if the injury occurs on the road.

Sometimes, we may not be able to trace the at-fault person. This might happen if a negligent driver flees the scene of the accident without leaving their details.

In most cases, it will still be possible to make a compensation claim. Various statutory bodies help to compensate the innocent victims of accidents where the at-fault person isn’t subject to a lawsuit. This includes the:

Where an employer has gone bust, their insurer must still settle the compensation claim in some circumstances.

Not sure who the at-fault person is? Please contact us and let us carry out some investigations for you. We will be able to tell you very quickly whether a claim can be made.

How long do you have to make crush injury claims?

As with all personal injury claims, you’ve three years from the date of the crush injury to make a claim. Sometimes, you can make claims outside the three-year deadline, but the Courts will only allow this in exceptional circumstances. If you are close to the deadline, please contact us to find out whether you can make a claim.

Family members can contact us for advice. Especially if their loved one suffers a serious injury and is unable to start the claim on their own.

One can also make claims on behalf of minors before the child’s 18th birthday. The child then has a further three years to make their own legal claim i.e. until they are 21.

Next steps

With crush injury claims, we can help. Our No Win, No Fee funding arrangement means that you do not pay a penny if you lose your case. Accordingly, you don’t have to worry about the financial burden of making a claim at this difficult time.

To start a claim, simply call us on for a free, no-obligation consultation. Our panel of expert crush injury law firms will quickly figure out whether you have a claim. Furthermore, they’ll answer any questions you might have about the legal process.

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    Am I eligible?

    If you have experienced a crush injury in the last 3 years, due to someone else’s negligence, then you will likely be eligible for compensation. Additionally, if you were a child at the time of the accident, you may have a longer period to claim.
    Exceptions to this are for instance industrial disease or if you were a child at the time of the accident you may have a longer period to claim.

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    How much could I claim?

    Each crush injury is different, so the amount of compensation paid out can differ between cases. Varying factors that can influence the final crush injury compensation figure include extent of your crush injuries, earnings missed out on, and future losses.
    Our dedicated team of crush injury experts are on hand to give you an indication of how much you could claim.

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    How does the process work?

    When making a crush injury claim, it’s important that understand what the process entails. That’s why we make the process as transparent & clear as possible.
    Your solicitor will gather all the evidence and notify the negligent party that you wish to begin crush injury claim proceedings. You will remain informed of any updates, with your solicitor negotiating on your behalf.

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