Crush Injury Compensation Claims Explained
By Danielle Jordan. Last Updated 8th February 2023. 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 injury claims guide
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?
- Symptoms Of Traumatic And Other Crush Injuries
- Causes Of Crush Injuries
- Workplace Machinery Accidents
- Road Traffic Accidents
- Being Crushed By A Falling Object
- Trapped Hand, Finger Or Foot Injuries
- Compartment Syndrome Caused By Crush Injuries
- What Complications Could Be Caused By Crush Injuries?
- Crush Injury Treatment
- Crush Injury – How Much Can A Claim Be Worth?
- No Win No Fee Crush Injury Claims
- Start Your Claim
- 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.
Symptoms Of Traumatic And Other Crush Injuries
If you’ve been in an accident that has led to a crush injury, it is recommended that you seek medical help as soon as possible. You could call 999, 111, or find your nearest A&E depending on how serious the injury is.
For example, if you suffer a crushed finger injury after you trap your finger in a door, you might be able to seek medical attention at a walk-in centre. If you’ve suffered a severe crush injury to your leg after a car accident, you should seek medical attention immediately.
A crush injury could cause bruising, cuts or lacerations and pain. More serious crush injuries might also cause the following symptoms:
- Damage to muscles
- Broken bones
- Compartment syndrome
If you have been injured in a way that we have not mentioned above, don’t worry. You may be able to claim. Speak to one of our advisors today to find out more.
Causes Of Crush Injuries
A crush injury could be caused in a variety of ways. In order to claim, you would need to show that your injuries were caused by someone else’s negligence. One of the places you’re owed a duty of care is at work.
We will explore these further below, but a few examples could include workplace machinery accidents, road traffic accidents or falling objects, to name a few.
This graph shows different possible causes of crush injuries in the workplace, as demonstrated by the Health and Safety Executive (HSE). While we do not have statistics about how many of these accidents resulted in crush injuries, each of these accident types has the potential to cause an injury of this nature.
Please read on for more information on how a crush injury could occur in different circumstances. You can also get in touch with our advisors today for free legal advice.
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.
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.
Trapped Hand, Finger Or Foot Injuries
You could suffer a crush injury to your finger, hand or foot as a result of someone else’s negligence. There are a few ways this could happen.
One of the ways this could occur is as a result of a faulty automatic door. For example, the door may close too quickly, crushing your fingers. If the automatic door has not been maintained and your injury happened as a result of this, you may be able to claim.
You could also experience a crush injury as a result of an overcrowded concert. In some cases, you may be crushed while attending an event and be unable to claim because the organisers of the event did everything they could to keep you safe. However, if they acted negligently, leading to overcrowding, you may be able to claim.
However, this list is not extensive, and you could sustain a crush injury to your hand, finger or foot in another way. If you want more information on what could make a viable claim, get in touch with us today.
Compartment Syndrome Caused By Crush Injuries
Compartment syndrome is a serious side effect of crushing injuries. It occurs when the pressure within an enclosed bundle of muscles (referred to as a “compartment”) increases, restricting the blood flow to the surrounding tissue.
According to the NHS, there are two different types of compartment syndrome you could suffer from. These are referred to as acute and chronic. However, we will focus on acute compartment syndrome in this guide, as this is the type caused by crush injuries.
Acute compartment syndrome has a few potential causes, such as:
- A broken bone or crush injury
- A plaster cast or bandage is too tight
- Burns which scar skin
- Surgery to repair a blood vessel
It is a medical emergency and will need immediate treatment from a medical professional, as it can lead to permanent muscle damage. Acute compartment syndrome might produce the following symptoms:
- Severe pain, especially when the muscle is stretched
- Tenderness in the affected area
- Muscle tightness
- A tingling or burning sensation
- Numbness or weakness (these could indicate permanent damage to the nerves)
What Complications Could Be Caused By Crush Injuries?
Crush injuries can be traumatic on the body and can cause a variety of serious complications. These complications can include:
- Degloving – Where the top layer of skin is separated from the muscle by force.
- Hypovolemic shock – This is triggered by significant external or internal bleeding and can cause organ damage or failure, as it stops the heart from being able to pump blood around the body.
- Hyperkalemia – Where there is sudden damage to cell membranes, releasing large amounts of potassium into the body. This could cause a heart attack.
- Compartment syndrome – Where blood flow to the tissue is restricted by increased pressure in a muscle compartment
- Kidney injuries – When injured, muscles can release a chemical called myoglobin that in excess can cause serious damage to the kidneys.
However, this list is not exhaustive, and you could be suffering from other complications associated with your crush injury. Please don’t hesitate to get in touch to see if you could make a claim. You could be offered free legal advice from one of our advisors.
Crush Injury Treatment
If you are suffering from a crush injury, you should seek medical attention. In some cases, for example, if you have crushed your finger in a window or door, this may be able to be treated at a minor injuries unit. A more severe injury like a crushed arm or leg may need immediate medical attention, and you may need to visit A&E or call 999.
You might experience a broken bone as a result of a crush injury. Depending on the kind of fracture you sustain, you might need surgery to treat it. In some cases, your limb or digit might be so severely crushed that it requires amputation.
If suffering from acute compartment syndrome, you may need a surgical fasciotomy. This is a procedure where a surgeon cuts open the skin surrounding your muscle to relieve the pressure inside the compartment. The wound will be closed a few days later, and you may need a skin graft.
Your compensation award could reflect the treatment you have required for your injuries. For example, if you have to undergo ongoing treatment that impacts your quality of life for some time, this could be reflected in a compensation award. Similarly, if you suffer a permanent injury, then this could be taken into account when your claim is valued.
Crush Injury – How Much Can A Claim Be Worth?
In the sections below, we explore personal injury settlements and how compensation could be awarded if your claim is a success. You may have already accessed our compensation calculator for an estimate of your claim’s potential value. However, as each crush injury claim is assessed on an individual basis, it may not have considered every element.
General Damages
In a successful claim, your pain and suffering will be compensated under general damages. Legal professionals use a document called the Judicial College Guidelines (JCG) to help them when assigning value to injuries. The JCG lists injuries with severity levels alongside compensation brackets.
Our table below contains figures from the latest update. However, as previously stated, each claim is assessed on an individual basis, so these figures do not represent what a successful claim is worth.
| Injury | Severity | Amount | Notes |
|---|---|---|---|
| Arm | Loss of one arm (b) (i) | Not less than £137,160 | Where the arm has been amputated at the shoulder. |
| Foot | Very severe (c) | £83,960 to £109,650 | This includes cases where the crush injury has resulted in permanent or severe pain and a permanent disability. |
| Foot | Severe (d) | £41,970 to £70,030 | This includes cases where both heels are fractured with a substantial restriction of mobility and consistent pain. Could cover degloving, extensive surgery, osteoporosis or other disabilities that prevent the wearing of ordinary shoes. |
| Hand | Serious (e) | £29,000 to £61,910 | This includes cases where the hand has been reduced to around 50% functionality. Would also include cases where several fingers have been amputated but possibly reattached, leaving the hand clumsy and lacking dexterity. |
| Hand | Less serious (g) | £14,450 to £29,000 | This includes cases where a severe crush injury results in significantly impaired function despite operative treatment. |
| Hand | Moderate (h) | £5,720 to £13,280 | This includes cases of crush injuries. Injuries will be judged on any lasting disabilities and symptoms. |
| Fingers | Severe | Up to £36,740 | This includes cases where severe fractures may lead to amputation and deformity, reduced function or lack of usual dexterity. |
| Toes | Severe (c) | £13,740 to £21,070 | This includes cases of severe crush injuries leading to the amputation of one or two small toes. Also covers other injuries that cause significant lasting symptoms. |
| Toes | Serious (d) | £9,600 to £13,740 | This includes cases where there will be serious damage to the big toe or the crush and fracture of two or more toes. Will also cover some permanent disabilities and ongoing pain and symptoms. |
Special Damages
You may have incurred expenses due to your crush injury. It is under special damages that you could recover this lost money. However, it is likely that you will need to submit proof, such as receipts.
Costs that could be recovered may include:
- Medical expenses, such as prescription costs and the cost of any plastic surgery.
- Carer costs, if you need a carer following your injury.
- Loss of earnings, this could even include lost pension contributions.
Call our advisors to learn more about claiming for crush injuries or if you need help with our compensation calculator. Or, if you prefer, they can estimate the value of your claim for free.
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.
Start Your Claim
You could begin your claim today if you’ve been involved in an accident that resulted from negligence, resulting in a crush injury. Our solicitors may be able to handle your claim without any upfront payment from you. Furthermore, they could arrange a medical appointment in your local area, reducing the amount you need to travel.
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.
Written by Morrissey
Edited by Stocks
