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Could I Claim Compensation For A Digger Accident?
Last Updated 12th November 2024. Have you sustained an injury in a digger accident that was caused by your employer’s negligence? If so, this guide could help you understand whether you’re eligible to claim.
It will explore the different causes of digger accidents and the possible injuries they could inflict. This could help you understand whether your employer breached the duty of care they owed you.
Our guide will also explore the potential compensation you can receive and the resources legal professionals can use to help them calculate how much you’re owed.
Despite the information we have provided in our guide, we understand you may have questions after reading. If so, you can get in touch with our team.
Continue reading to find out what a construction accident is and how to contact our team to find out whether you’re eligible to claim personal injury compensation.
If you have experienced physical or psychological harm in an accident that was caused by your employer’s negligence, get in touch with our advisors by:
- Calling us on 0800 073 8804
- Filling out our online claim form
- Using the live chat feature below
Select A Section
- What Is A Digger Accident?
- Could I Claim For A Digger Accident?
- What Could Cause A Digger Accident?
- Hazards Of Using Diggers And Excavators
- What Injuries Could You Suffer In A Workplace Accident?
- Digger Accident Compensation Claims Calculator
- How To Make Digger Accident Claims
What Is A Digger Accident?
A digger accident is an incident involving the operation of large, heavy machinery in which you sustain an injury. These incidents can have a detrimental impact on your physical and mental well-being. It could also negatively affect your ability to work, impact your financial situation and cause you undue stress.
However, you might be eligible to claim digger accident compensation. We examine the digger accident claims eligibility criteria next.
Could I Claim For A Digger Accident?
Your employer owes you a duty of care. This is set under the Health and Safety at Work etc. Act 1974 (HASAWA). It states that your employer must take all reasonably practicable steps to ensure the health, safety and welfare at work of their employees.
In order to be eligible to make a digger accident compensation claim, you must be able to prove that your injuries were caused when your employer failed to adhere to the health and safety legislation. This is known as employer negligence.
You will need evidence that shows the injury you suffered in the digger accident was caused by employer negligence.
Examples of evidence that could be helpful in personal injury claims include:
- Witness contact information. If anyone saw what happened, you could note their contact details so they can provide a statement later on.
- Accident book. An accident logbook is a legal requirement for workplaces employing ten or more people. It should contain your name, the date and details about the incident.
- Medical records. In addition to your medical records, you might be invited to attend an independent medical exam. This will help establish the severity of your injuries and what impact they are expected to have on your life.
- Accident footage. For example, you could request CCTV footage of yourself.
- Photographs of the accident scene. For example, if faulty equipment caused your accident, you could take a photograph of this.
We look at how excavator accidents could occur in the next section. Later on, we look at examples of what injuries you could suffer in a construction site accident.
If you have any questions about what you could submit as evidence or would like further information about your eligibility to claim, call our advisors for free advice.
What Could Cause A Digger Accident?
Now we’ve explained the eligibility criteria in digger accident claims, we want to support this with a few examples. There are many different circumstances where accidents involving diggers and other excavating machinery can occur so if your specific accident isn’t given here don’t worry, you could still be eligible to claim.
Examples can include:
- You were not provided with sufficient training before being instructed to operate the excavator. Consequently, you tipped the vehicle over and suffered injuries to your right arm, leg and shoulder.
- Failure to carry out maintenance inspections meant a fault with the excavator arm was missed. The arm dropped and swung out due to a mechanical fault while your colleague was operating the machine. The bucket hit you and caused a serious back injury in addition to several broken bones.
- Inadequate personal protective equipment (PPE) was provided to site workers. You suffered a significant head injury when rocks falling from an excavator bucket hit you and your hard hat did not protect you.
As we said above, multiple factors can contribute to accidents involving construction machinery. For a free assessment of your eligibility to seek digger accident compensation contact our advisory team today using the contact information given above.
What Excavators Could Be Involved In An Accident?
There are many types of heavy machinery used on construction sites, including:
- Excavators
- Diggers
- Backhoe loaders
- Bulldozers
- Load-Alls
Excavator And Construction Industry Accident Statistics
According to the Health and Safety Executive’s Construction Statistics in Great Britain 2020/21, there were:
- 3,464 employee non-fatal injuries in the construction industry
- 1,252 specified injuries
- 2,212 injuries necessitating a 7-day absence from work
Hazards Of Using Diggers And Excavators
Examples of an accident that could be caused by an excavator include.
- An excavator tipping to its side and injuring either the driver or a pedestrian
- An accident with the bucket e.g. a dropped load on, or collision with, a person
- A driving accident leading to a crushing injury.
Excavator accidents can cause serious injuries. If an excavator is on-site, employers will be expected to be aware of the risks and take all necessary precautions.
If you were injured in an excavator accident because of a breach of duty of care, please reach out to one of our advisers to see if you could claim compensation.
What Injuries Could You Suffer In A Workplace Accident?
On a construction site, there are multiple types of injuries you could suffer in an accident. Examples of these could include:
- Fractured or broken bones, such as a broken rib or a broken wrist
- Amputations
- Injuries affecting the senses, such as blindness
- Head injuries
- Internal organ damage
- Burns
- Scalping
If you make an accident at work claim for any of these injuries, the amount you receive might vary depending on the severity and other factors. However, you can find out what your claim could comprise in the section below.
Digger Accident Compensation Claims Calculator
If you make a successful digger accident claim you will receive general damages for the pain and suffering caused by your injury. The value of your injuries can be calculated with help from the Judicial College Guidelines (JCG).
The JCG publishes compensation brackets for different injuries based on past cases. The below table consists of figures from this publication.
Compensation Table
Please note that the values provided here are intended as guidance only. The top entry is not a JCG figure.
| Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Severe | Up to £1,000,000+ |
| Brain Damage | Very Severe (a) | £344,150 to £493,000 |
| Back Injuries | Severe (a) (i) | £111,150 to £196,450 |
| Moderate (b) (ii) | £15,260 to £33,880 | |
| Neck Injuries | Severe (a) (i) | In the region of £181,020 |
| Arm Amputations | Loss of one arm (i) | Not Less Than £167,380 |
| Injuries to the Pelvis and Hips | Severe (a) (ii) | £75,550 to £95,680 |
| Moderate (b) (i) | £32,450 to £47.810 | |
| Wrist injury | Significant Permanent Disability (b) | £29,900 to £47,810 |
| Hand Injuries | Severe fractures to fingers (f) | Up to £44,840 |
You may also be eligible to receive special damages for the costs incurred as a result of your injury. Some examples include:
- Loss of earnings
- Medical expenses
- Travel costs
- The cost of any property adaptations
To prove any losses, you can keep a record of certain documentation, such as payslips or receipts.
For more information about digger accident compensation, contact our advisors today.
How To Make Digger Accident Claims
If you want to make a digger accident claim, you can get in touch with our advisors to help you understand whether you’re eligible to do so. If you are, they may be able to connect you with one of our No Win No Fee solicitors.
Our solicitors work under a Conditional Fee Agreement (CFA). This allows you to fund legal representation without paying upfront costs for the services they offer.
Additionally, if your claim is unsuccessful you don’t have to pay for the services they have provided you with.
For an unsuccessful claim, a success fee will be charged. This is taken as a legally capped percentage from your compensation. If you want to find out more about our solicitor’s services, you can get in touch with our advisors by:
- Calling us on 0800 073 8804
- Filling out our online claim form
- Using the live chat feature below.
Building And Construction Accident Claim Resources
We have other useful guides that could help you:
- How The Supply of Machinery (Safety) Regulations 2008 Protect Employees In The Workplace
- What Happens When You Make A Claim For Your Accident Or Injury?
- I Suffered A Burn Injury At Work, How Much Could I Claim?
- Learn more about claiming for whiplash with a pre existing condition by reading our helpful guide.
- Get help making a claim if your employer has ceased trading with our guide.
- Our guide provides information on proving that you have a whiplash injury following an accident.
- If you are a cyclist who was hit by a car pulling out of a driveway, you may be able to claim.
Additionally, we have provided some external resources that you may find helpful:
We hope this guide on making a digger accident claim has helped. However, if you have any additional questions, contact our team using the number above.
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