Accidents Caused By Plant and Construction Vehicles – How To Claim
This guide will discuss claims for accidents at work involving plant and construction vehicles. We will look at the regulations and legislation in place to keep employees safe while at work. Furthermore, we will also examine what potential injuries you could sustain in an accident and how compensation is calculated for a personal injury claim.
Plant and construction vehicles claim guide
An accident at work could result in harm of varying severity, such as minor bruising to severe and life-altering injuries. If you have been injured in an accident at work, for which your employer is liable, you could be eligible to make a claim. Continue reading this guide to learn more.
You can also contact us at Legal Expert, for free and confidential advice. What’s more, our team of advisors can assess your claim at no cost. Should they find that you may have valid grounds to make a claim, they could put you in touch with one of our No Win No Fee solicitors. However, they will not place you under any obligation to further your claim with us.
To get in touch, you can:
- Call our team on 0800 073 8804
- Contact us online and request a callback
- Use the live chat feature at the bottom of this page
Select A Section
- What Are Plant And Construction Vehicles?
- Who Is Responsible For Maintaining Work Equipment?
- Causes Of Work Accidents Due To Plant And Construction Vehicles
- Injuries Caused By Dangerous Plant And Construction Vehicles
- What Could You Claim For Plant And Construction Vehicle Accidents?
- How To Claim For A Plant Or Vehicle Accident
What Are Plant And Construction Vehicles?
Plant and construction vehicles are pieces of machinery used for industrial activity. Various vehicles that could be used by the construction sector include:
- Diggers and Excavators
- Cranes
- Bulldozers
- JCB’s
- Dump trucks
- Forklift trucks
The purpose and heavy nature of vehicles used in the construction industry mean they could present a potential risk for injury if faulty or operated incorrectly. Employees are owed a duty of care to ensure their safety in the workplace. For more information on this, please read the next section. Additionally, contact our team of advisors to make any enquiries.
Who Is Responsible For Maintaining Work Equipment?
The Health and Safety at Work etc. Act 1974 (HASAWA) sets out a duty of care that employers owe to their employees. They must take reasonably practicable steps to ensure the safety of their employees at work.
As part of an employer’s duty of care, they must:
- Carry out regular risk assessments.
- Provide proper training.
- Perform inspections of machinery and equipment to ensure it is safe to use.
- Ensure repairs and maintenance are carried out within the correct time frame.
Also, the Provision and Use of Work Equipment Regulations 1998 (PUWER) lays out the duties of an employer to ensure that any work equipment is suitable for its intended use. They should also ensure equipment is only used by workers who have received adequate instruction and training. If your employer breaches their duty of care and, as a result, you have an accident in which you are injured, you may be eligible to make a personal injury claim.
However, it is important to mention that under Section 7 of HASAWA, employees are also responsible for their own health and safety. You must adhere to any training that you have been provided and behave reasonably. If you ignore the training you have been given, and this causes you to be injured, you may be unable to claim.
Please contact our team of advisors for more information on claims following accidents caused by plant and construction vehicles at work.
Causes Of Work Accidents Due To Plant And Construction Vehicles
Below we will list ways in which plant and construction vehicles could have the potential to cause an accident at work:
- If a vehicle is overloaded, goods could fall and strike a worker on the head.
- A faulty vehicle could malfunction and cause an injury.
- An untrained worker operates a work vehicle and makes a mistake and causes an injury.
- Driving over uneven ground causes the vehicle to overturn.
If you have been injured in an accident caused by your employer breaching their duty of care, please contact our advisors.
Injuries Caused By Dangerous Plant And Construction Vehicles
Potential injuries that could be caused by plant and construction vehicle accidents may range from minor injuries to those of a more serious nature. This could include the following:
- Amputations
- Crush injuries
- Lacerations
- Fractures and broken bones
- Soft tissue shoulder injury
- A brain injury
- Spinal damage
- Electric shock injuries or burns
To find out whether you could have valid grounds to make a claim, please contact our team at Legal Expert today.
What Could You Claim For Plant And Construction Vehicle Accidents?
In the case of personal injury claims following plant and construction vehicle accidents, there are two potential heads of loss:
- Special damages – accounting for the monetary losses you have suffered as a result of your injuries. This considers both past and future losses.
- General damages – this covers the physical pain and suffering that your injuries caused or the development of any psychological injuries. The award considers the impact that your injuries have on your quality of life.
To create the table below, we have used the Judicial College Guidelines (JCG),16th edition, updated in April 2022. This provides a guide to compensation brackets for different injuries under general damages. Legal professionals, such as accident-at-work solicitors, can use the JCG to help them value claims settlements.
| Type of Injury | Compensation Brackets | Additional Notes |
|---|---|---|
| (a) Very Severe Injury Resulting from Brain Damage | £282,010 to 403,990 | The person will be in need of full time nursing care. They will show little, if any, evidence of a meaningful response to the environment, suffer from double incontinence and will have minimal or no language function. |
| (a)(i) Severe Back Injury | £91,090 to £160,980 | This bracket will include the most severe injuries that involve damage to the nerve roots and spinal cord leading to multiple serious consequences. |
| (a)(i) Severe Neck Injury | In the region of £148,330 | This bracket can include a neck injury that results in permanent spastic quadriparesis or is associated with incomplete paraplegia. |
| (a) Severe Arm Injuries | £96,160 to £130,930 | This bracket will include extremely serious injuries that leave the person little better off than if the arm had been lost. |
| (c) Hand Injuries | £96,160 to £109,650 | The complete or effective loss of one hand. This bracket will include cases where the hand was crushed and therefore surgically amputated. |
| (b) Chest Injury | £65,740 to £100,670 | Traumatic injury to the chest, lungs and/or heart causing physical disability, permanent damage, impairment of function and reduction of life expectancy. |
| (a)(ii) Severe Knee Injury | £52,120 to £69,730 | This bracket includes severe leg fractures that extend to the knee joint and cause permanent constant pain, which leads to multiple problems, such as limited movement. |
| (a) Severe Shoulder Injury | £19,200 to £48,030
|
Injuries within this bracket will often be associated with neck injuries and involve damage to the brachial plexus. They will result in a significant disability. |
| (f) Moderate Foot Injury | £13,740 to £24,990 | This bracket includes displaced metatarsal fractures that lead to permanent deformity and persisting symptoms. |
Each case is unique, therefore, the figures in the table above should be considered as a guide.
Special Damages
Under the head of loss special damages, you could be eligible to receive a payout. This could cover the following:
- Loss of earnings
- Medical expenses
- Home adaptations
- Care costs
You must provide evidence of any monetary losses for which you claim compensation. This may include invoices, receipts and payslips.
You can use our compensation calculator or speak to a member of our team to receive a settlement estimate tailored to the details of your case. Please don’t hesitate to get in touch.
How To Claim For A Plant Or Vehicle Accident
It is not a requirement to use a solicitor to make a claim. However, opting to use a No Win No Fee personal injury solicitor under a Conditional Fee Agreement (CFA) can provide many benefits, such as:
- They will be familiar with the claims process and can help you to navigate it.
- There will generally be no fees for you to pay for your solicitor’s services upfront, whilst the claim is ongoing or if the claim is unsuccessful.
- If your claim is a success, a solicitor operating under a CFA can generally take a small percentage of the compensation, called a success fee. The law caps this amount. A No Win No Fee solicitor will discuss any payments before you enter into an agreement, so do not worry about being overcharged.
Speak to our advisors to learn more about accident at work claims following accidents involving plant and construction vehicles. Should they find you could have a valid claim, they may place you in correspondence with one of our specialist solicitors.
To get in touch, you can:
- Call our team on 0800 073 8804
- Contact us online and request a callback
- Use the live chat feature at the bottom of this page
Related Accident At Work Claim Resources
Please take a look at more of the accident at work claim guides from our website:
- How Much Can I Claim For An Accident Caused By Dangerous Machinery At Work?
- No Safety Measures In Place – Can I Make An Accident At Work Compensation Claim?
- How To Prove An Accident At Work Claim
- Do you know if your employer has to provide safety boots in the UK? Read our guide to learn more.
Also, explore some of the external links below:
- HSE – Workplace transport safety
- GOV.UK – Statutory Sick Pay (SSP)
- NHS – First aid
Thank you for reading this guide to the steps you could take following an accident involving plant and construction vehicles.
Guide By Waters
Edited by Melissa/Oxland
