Could I Claim Compensation For A Digger Accident?
Last Updated 12th April 2023. 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.
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.
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:
Select A Section
- When 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
As stated above, 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.
Examples of how a digger accident could occur might include:
- Failing to provide training to employees before they operate a piece of machinery. This could result in an employee causing themselves and others harm due to not being able to correctly control the machinery.
- Failing to carry out regular risk assessments on the machinery. This could result in the employee operating the machinery sustaining multiple injuries in a digger accident, such as a head injury, back injury or neck injury.
- Not providing employees with necessary Personal Protective Equipment (PPE). This could result in an employee sustaining brain damage in a digger accident due to not receiving a hard hat.
As you can see, accidents on a construction site can happen due to multiple reasons and contributing factors. However, not all accidents result in claims. In order to claim, you must be able to show that your injury was sustained due to an employer breaching their duty of care.
To find out whether you have a valid accident claim, please get in touch on the number above.
What Excavators Could Be Involved In An Accident?
There are many types of heavy machinery used on construction sites, including:
- Backhoe loaders
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
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.
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
- Injuries affecting the senses, such as blindness
- Head injuries
- Internal organ damage
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.
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 laid out in the 16th edition of the JCG, published in 2022.
Although the figures are based on past cases, they aren’t necessarily reflective of what you will receive in your settlement.
|Very severe brain damage (a)||£282,010 to £403,990||In this bracket, cases might include quadriplegic cerebral palsy that causes severe disabilities, both physical and cognitive.|
|Severe back injury (a) (i)||£91,090 to £160,980||Severe injuries involving spinal cord and nerve root damage causing several serious consequences.|
|Moderate back injury (b) (ii)||£12,510 to £27,760||Injuries in this bracket include disturbed ligaments and muscles causing backache.|
|Severe neck injury (a) (i)||In the region of £148,330||The injured person may suffer an injury associated with incomplete paraplegia causing spastic quadriparesis.|
|Minor neck injury (c) (iii)||Up to £2,450||The injured person fully recovers within three months.|
|Loss of one arm (b) (i)||Not less than £137,160||Where one arm has been amputated at the shoulder.|
|Severe pelvis and hip injury (a) (ii)||£61,910 to £78,400||Injuries in this bracket include a fracture dislocation of the pelvis involving the ischial and pubic rami.|
|Moderate pelvis and hip injury (b) (i)||£26,590 to £39,170||Pelvis or hip injury that is significant but doesn't cause a major permanent disability.|
|Wrist injury (b)||£24,500 to £39,170||Where the person has suffered a significant and permanent disability. but some useful movement has remained.|
|Severe fractures to fingers (f)||Up to £36,740||Injuries that lead to partial amputations causing deformity, grip impairment and reduced function and sensory disturbance.|
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.
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:
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.