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A Guide To Making A Crush Injury Compensation Claim
By Stephen Hudson. Last Updated 11th June 2024. In this guide, we’ll look at the process of making a crush injury compensation claim. If you’ve suffered a crush injury that resulted from negligence, this guide will explain the different steps you can take towards making a claim. We will discuss No Win No Fee agreements and provide compensation examples to help you value your injury.
Crush injuries can be highly traumatic and could happen in a variety of circumstances. Perhaps your employer wasn’t fulfilling their duty to keep you safe. Or maybe you were involved in a road traffic accident caused by the negligence of another road user.
No matter your circumstances, if you can prove that you have sustained a crush injury in an accident that wasn’t your fault, you could be entitled to compensation. Furthermore, an advisor could connect you with a personal injury lawyer to work on your claim.
If you want more information or want to make a claim, you can contact us for free legal advice today. If our advisors think your claim has a good chance of success, you could be passed on to one of our solicitors, who can help you make a personal injury claim.
You can get in touch with us by:
- Calling 0800 073 8804
- Writing to us online about your case
- Chatting with one of our advisors using our live chat function
Read on for more information on crush injury compensation claims.
Select A Section
- What Is A Crush Injury?
- Crush Injuries Caused By Workplace Machinery Accidents
- Crush Injuries Caused By Road Traffic Accidents
- Being Crushed By A Falling Object
- Crush Injury Compensation – Average Claim Payouts
- No Win No Fee Crush Injury Claims
- Related Articles
What Is A Crush Injury?
A crush injury is a direct injury resulting from a crushing impact on a part of your body. Crush syndrome is where a body part is severely injured due to a strong force, often resulting in broken bones, bleeding, severe bruising, laceration and possibly compartment syndrome.
There are various circumstances in which you could experience a crush injury. It could happen in the workplace, especially if you often work with heavy machinery, such as in construction. Or it could happen in a car accident where two cars have collided.
As aforementioned, crush injuries could result in many issues such as bruising, cuts, bleeding, broken bones and compartment syndrome. In some cases, the crushed part of your body may be so badly damaged that it requires amputation.
This kind of injury could have a negative effect on your quality of life. You might end up in a wheelchair or have to take time away from work, leading to a loss in regular income.
You might be entitled to compensation if third-party negligence caused your injuries. Speak to our team today for more information.
Crush Injuries Caused By Workplace Machinery Accidents
As you can see from the graph in the previous section, there are many ways in which you could suffer from a crush injury in the workplace. One common issue is when working with machinery. According to the HSE, 4% of non-fatal injuries in 2019/20 were caused by contact with moving machinery.
When at work, your employer has a duty of care to take all reasonably practicable steps to keep you safe, under the Health and Safety at Work Act etc. 1974. This includes ensuring that machines are regularly maintained and that all employees have the appropriate training for the machinery they come into contact with. If you can prove that your employer has breached their duty of care towards you that has caused an accident, you could be able to make a claim against them for your crush injury.
For example, if you’re operating a machine in the workplace and the emergency stop button fails, this could lead to your hand being crushed. In turn, this might break some of the bones in your hand or cause damage to your muscles. As a result, you might have to take time off work, and you might not be able to do the tasks you’re usually able to engage in.
If you can show that the machine had not been properly maintained, repaired or checked, then this could be an example of employer negligence. As a result, you may be able to claim against your employer. Speak to one of our advisors today for more information.
Crush Injuries Caused By Road Traffic Accidents
Road users have a duty of care to one another, as outlined in The Highway Code, to ensure that everyone is kept safe when using the roads. However, when this duty of care is breached, there can be a risk of road traffic accidents that may cause a crush injury.
For example, a side-on collision involving two vehicles could cause the car’s metal frame to be pushed into your leg, causing a crush injury. Or, if you’re a pedestrian, a heavy vehicle could run over your foot, crushing it.
It’s always important to practice safe driving on the roads to avoid these situations. Your duty of care to other road users includes things like:
- Not drink driving or driving while under the influence of drugs
- Following road markings and signs
- Always paying attention to the road
- Taking appropriate precautions in adverse weather conditions
It is also important to note that some vehicle accidents can involve vehicles related to the workplace, such as forklifts. In these instances, it is your employer’s responsibility to provide you with training in the running of such a vehicle and that you are staying safe whilst driving it to avoid injury.
Being Crushed By A Falling Object
A falling object could crush you in a range of different environments. In public, for example, something heavy could fall on you from a shelf in a shop, causing a crush injury.
If this occurred because the person in control of the space was negligent, you may be able to claim. For example, the items on the shelf may have been stacked incorrectly, with heavier items being placed on the top shelf instead of at the bottom.
Those in control of public spaces have a duty of care towards members of the public who use the space. This is outlined in the Occupiers’ Liability Act 1957.
Alternatively, you could experience this kind of accident in the workplace. For example, you may be injured on a construction site where heavy objects are being moved around at height.
Crush Injury Compensation – Average Claim Payouts
Compensation for successful crush injury claims can include general damages as well as special damages. General damages compensate you for the pain and suffering that has been caused by your crush injury.
Those valuing your personal injury claim for general damages may refer to a document that’s called the Judicial College Guidelines (JCG). It lists various types of injuries, including crush injuries, alongside guideline compensation brackets. Some of these brackets are available to view in the table below.
The table should be viewed as only a guide. Please also note that the first entry is not based on the JCG.
| Injury | Severity | Amount |
|---|---|---|
| Multiple serious injures and special damages | Serious | Up to £250,000+ |
| Arm | Loss of one arm (b) (i) | Not less than £167,380 |
| Foot | Very severe | £102,470 to £133,810 |
| Foot | Severe | £51,220 to £85,460 |
| Hand | Serious | £35,390 to £75,550 |
| Hand | Less serious | £17,640 to £35,390 |
| Hand | Moderate | £6,910 to £16,200 |
| Hand | Fractured Index Finger | £11,120 to £14,930 |
| Toes | Severe | £16,770 to £25,710 |
| Toes | Serious | £11,720 to £16,770 |
If you can claim general damages, then special damages may also be included as part of your crush injury compensation. Special damages compensate you for financial losses that have occurred because of your injury. Examples of what may be covered by special damages when making a personal injury claim include:
- Loss of earnings if your crush injury has forced you take unpaid time off work while you recover.
- The cost of medications or certain private treatments.
- The cost of home adjustments or certain equipment needed to aid your recovery.
You will need evidence to claim special damages, which could include certain documents like invoices, receipts, wage slips and bank statements.
Contact our advisors for free today to learn more about how much your potential crush injury claim could be worth.
No Win No Fee Crush Injury Claims
If you’ve suffered a crush injury because of a breach of duty of care, speak to one of our expert advisors today about making a personal injury claim. You could be eligible to claim compensation.
If our advisors connect you with one of our solicitors, they may offer their services on a No Win No Fee basis. This means that if your claim is unsuccessful, your solicitor won’t ask you to pay them anything.
However, if your claim is successful, your solicitor will deduct a success fee from your compensation. This fee will be legally capped, meaning you will always get the majority of the compensation you’re awarded.
If you’re interested in finding out whether you could fund legal representation on a No Win No Fee basis, speak to one of our advisors today. You could be connected with a No Win No Fee solicitor from our panel.
Get in touch with us today to find out more about starting your claim. You can:
- Call us on 0800 073 8804
- Write to us online about your case
- Or chat with our specialist solicitors using our live chat function
Related Articles
Thank you for reading our guide on crush injury claims; we hope you found it helpful. Below, we’ve included links to some other related articles.
How To Claim If I’ve Hurt Myself At Work– This guide looks at the process of claiming for injury caused by your employer’s negligence.
Fatal Accidents and Wrongful Death Claims – A comprehensive guide to making a compensation claim after a fatal accident or wrongful death.
Rights After a Car Accident- A guide looking at the rights you have after being injured in a car accident.
Physiotherapy on the NHS – Find a physiotherapy service near you.
Royal Society for the Prevention of Accidents – This charity provides advice and guidance about reducing the risk of accidents causing injury.
Litigation Friends- A guide on how you could be appointed someone’s litigation friend to claim on their behalf if they’re unable to.
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