Gardener Injury Compensation Claims Explained
By Megan Black. Last Updated 25th August 2023. If you have suffered a gardening injury while working as a gardener, you may be wondering whether you could be eligible to receive compensation. In order to have a valid personal injury claim, you will need to prove that you suffered your injury while working due to your employer breaching their duty of care.
All employers owe a duty of care to their employees under the Health and Safety at Work etc. Act 1974. Per this duty, they must take reasonably practicable steps to ensure your safety while you are working.
Within this guide, we will discuss how a breach of this duty could lead to you suffering various types of injuries and when you may have a valid claim. Additionally, we will discuss the evidence that could be used to support gardener injury compensation claims, and the time limit in which this type of claim needs to be started within. Furthermore, this guide will provide some of the benefits of making a claim with the support of a No Win No Fee solicitor.
If you have any specific questions you would like to ask after finishing this guide, you can contact our friendly advisory team. They are available to help you and offer free advice 24 hours a day, 7 days a week. You can contact them today by:
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- Common Gardener Accidents At Work
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- Gardeners Injuries – Examples
- How To Make Gardener Injury Compensation Claims
- How Long Do You Have To Make A Gardener Injury Compensation Claim?
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- Contact Us To Claim For A Workplace Gardening Injury
Various accidents may occur while working as a gardener. The resulting injuries could range from minor cuts and scratches to severe fractures and loss of limbs. Gardeners use a range of tools and substances that could pose a health risk. Therefore some accidents that could occur include:
- Falls from a height – A gardener could fall from a ladder they use to cut tall plants.
- Struck by falling objects – A falling branch could strike a gardener.
- Accidents involving tools – The incorrect use of an electric hedge trimmer could result in serious bodily injuries.
- Noise damage – The prolonged use of loud tools could damage hearing.
If your employer’s negligence has caused you to suffer physical or psychological harm, you could be entitled to claim compensation. Call our team of advisors to discuss gardener injury compensation claims.
As part of their job, gardeners may be required to frequently use machinery. Examples of these include:
- Electric hedge trimmers
- Lawn Mowers
An injury caused by machinery could be very serious and potentially life-changing. Employers are responsible for ensuring all machinery is properly maintained and all employees are adequately trained to operate it.
Noise Induced Hearing Loss
Prolonged exposure to loud noises can damage your hearing. As gardeners and groundskeepers may use loud machinery and power tools, they can be at risk of suffering occupational hearing loss.
Your employer should assess risks and minimise them as far as is reasonably practical. Therefore, if employer negligence causes damage to their employee’s hearing, they could be liable for injury compensation claims.
Vibrating Tool Injuries
Frequent and prolonged use of vibrating tools puts you at risk of developing vibration white finger (VWF) or hand arm vibration syndrome (HAVS). It is important that there are safety measures in place to control employees’ exposure to harmful levels of vibration at work, as outlined by The Control of Vibration at Work Regulations 2005.
Speak to a member of our team today if you are suffering from work-related VWF or HAVS.
Gardeners may be exposed to hazardous materials. So it is vital that those employed as professional gardeners are not only provided with the correct personal protective equipment to do their job safely but are also trained on how to correctly use any materials that can be considered hazardous.
The Control of Substances Hazardous to Health Regulations 2002 (COSHH) states that employers have a duty to ensure that their employees’ exposure to substances hazardous to health are adequately controlled.
Hazardous chemicals could cause injuries such as burns or respiratory damage. Please contact our advisors for more information. They could provide useful insight into gardener injury compensation claims for chemical injuries.
If you are a gardener, you could work on public or private property. However, to make a claim, you will need to prove that you were injured due to someone else breaching their duty of care. When working in a garden, some of the injuries you could suffer include:
- Cuts, bruises and lacerations on your hands if you haven’t been provided gardening gloves.
- Back injuries, such as strains or sprains due to bending and loading injuries, such as digging with a shovel or starting a lawnmower.
- Shoulder and neck injuries, such as neck irritation or aggravated shoulder joints.
- Knee injuries.
- Ankle injuries.
As stated above, your employer owes you a duty of care to take reasonably practicable steps to ensure your health, safety and welfare while at work. If they fail to do this and you suffer an injury as a result, you might be eligible for compensation. When your employer fails to adhere to the duty of care they owe you, it is known as negligence.
As part of the claiming process, you will need to submit evidence to support your claim. It needs to prove that employer negligence caused your gardening injury.
Examples of evidence that could be helpful in a workplace injury claim includes:
- Medical records. In addition to your medical records, you might be invited to attend an independent medical assessment. This is to help learn about the extent of your injuries and what impact they may have on your life.
- Accident footage. For example, CCTV or mobile phone footage.
- Witness contact information. For example, if one of your colleagues saw what happened, you could note their contact details so they can give a statement later on in the legal proceedings.
- Accident scene photographs. For example, if faulty machinery caused your injuries, you can submit photographs of this.
- The accident book. All workplaces with ten or more employees are required by law to have one. It should include your information and the accident details.
Call our advisors for more information about gardener injury compensation claims. They can discuss what steps you will need to take as part of the claiming process.
The time limits for personal injury claims are laid out by the Limitation Act 1980. This states that you generally have three years to begin your claim from the date you were injured or three years from the date you connected your injuries to negligence.
However, there are a couple of exceptions to these time limits. For example, if you are under 18 or lack the mental capacity to make a claim. For information on these exceptions, contact a member of our team.
General damages and special damages are the two potential categories of compensation awarded for successful gardener injury compensation claims.
Firstly, general damages compensate for the physical and mental pain and suffering caused by the injuries.
In the table below, we have included general damage compensation brackets for different injuries. To do this, we have used the Judicial College Guidelines (JCG), published in April 2022, which calculates figures using previous successful settlement amounts awarded in court. Legal professionals, such as solicitors, use this document to assist them in valuing compensation amounts.
|Neck Injury – Severe (ii)
|The injury will usually involve damage to discs in the cervical spine or serious fractures, which result in disabilities of considerable severity.
|£65,740 to £130,930
|Leg Injury – Severe (ii) Very Serious
|The injured person will have permanent mobility problems, meaning they will need mobility aids for the remainder of their life.
|£54,830 to £87,890
|Hand Injury – Serious Damage to Both Hands
|The hand will suffer a significant loss of function with a permanent cosmetic disability.
|£55,820 to £84,570
|Hand Injury – Moderate
|Soft-tissue or crush injuries, or penetrating wounds and lacerations.
|£5,720 to £13,280
|Elbow Injury – Less Severe
|Despite suffering an impairment of the elbows function, no major surgery is required and the injury does not result in a significant disability.
|£15,650 to £32,010
|Ankle Injury – Moderate
|Ligamentous tears or fractures that make it difficult to walk on uneven ground or for a long period of time
|£13,740 to £26,590
|Knee Injury – Moderate (i)
|A torn cartilage or meniscus, or a dislocation, that results in weakness, wasting and minor instability.
|£14,840 to £26,190
|Shoulder Injury – Moderate
|A frozen shoulder that causes discomfort and limited movement. Or soft-tissue injuries that cause minor injuries.
|£7,890 to £12,770
|Achilles Tendon Injury – Minor
|A turning of the ankle that results in some tendon damage.
|£7,270 to £12,590
|A soft tissue injury or fracture that takes longer than 12 months to heal.
|£6,080 to £10,350
As each case is defined by its unique details, these figures are a guide.
Furthermore, special damages compensate for particular past and future financial losses resulting from the injuries. This could include travel to medical appointments, care and treatment not covered by the NHS, loss of earnings and house alterations. Although, it is important to note that you must provide evidence of any special damages, such as travel tickets, payslips, invoices and bank records.
For additional information about payouts for gardener injury compensation claims, you can speak to a member of our team.
To claim for a gardening accident at work, it is advisable to use a solicitor. Not only could they provide you with expert legal advice throughout the process, but they could also help you to compile evidence and build your case.
Furthermore, No Win No Fee solicitors usually operate under a Conditional Fee Agreement which means there are no upfront fees to pay. Instead the solicitor will receive a success fee if the claim is won. This comes from the compensation awarded. It is taken as a legally capped percentage.
Occupational Accident And Injury Claims Guides
More informative guides:
- If I Am A Temporary Worker What Are My Rights After An Accident At Work?
- Inadequate Training At Work – Am I Eligible To Claim?
- How Much Compensation Can I Claim For A Back Injury At Work?
External sources for further reading:
- HSE – Control of Vibration at Work Regulations 2005
- NHS – Urgent and Emergency Care Services
- GOV – Statutory Sick Pay (SSP)
Thank you for taking the time to read this guide to gardener injury compensation claims.