Digger Accident Claims

When you are working alongside large items of construction plant like diggers, bulldozers, dumpers, large excavators and other large items of machinery, accidents can and do sometimes happen.

Large items of machinery are heavy and can cause potential harm. They are usually used in excavating or reinstating whilst handling construction materials, like sand, stone and rubble.

Digger accidents happen more often than not on construction sites and can be caused by user neglect or not using the correct personal protective equipment (PPE).

Who can claim for digger accidents?

If you are involved in a digger accident then you may be able to make an accident at work compensation claim whether you are an employee, employer, contractor or individual.

An important requirement when making a claim for a digger accident is to prove the company has breached its duty to provide a safe working environment.

When diggers are being used in public places it is still up to the company to ensure that the area is safe so that there is no potential harm to the public.  However accidents can sometimes happen and the company may not be at fault.  A Company can carry out all the necessary safety precautions and a member of public might have an accident out of working hours. One possibility is vandalism outside working hours, which the company may not be able to control.

In cases when you are partly responsible for the digger accident then you may still be able to apply for compensation however your claim may be reduced.

How to work out if my injuries are down to negligence

Employers have a duty of care to ensure that employees work in a save environment and are not at risk of harm. Sites should also comply with the Health and Safety Executive regulations.  Failure to comply may amount to negligence.

In these cases and you are involved in digger accidents the following will be considered:

  • Training: has the digger operative received the necessary training and you have full training records.  Have other site operatives had training regarding working around the digger
  • Operating Machinery: has the digger been overloaded causing the digger accident
  • Safe operation: is there adequate signage on site and is the digger manoeuvring dangerously.
  • Compliance: has the digger been fully inspected on a regular basis and full inspection records kept
  • Defects: Are there defect records and defect rectification records ensuring that the digger is safe to operate.

If any of the above applies, then the company can be considered to be negligent.

Reporting digger accidents at work

When you are involved in a digger accident or any accident at work you must report it immediately.  The company can then look into the circumstances surrounding the accident.

They will investigate why the accident happened and if there was anything they could have done to prevent it happening and to prevent digger accidents and any other accidents happening in the future.

Making a digger accident compensation claim

When making a claim for digger accidents you will need to get all the details surrounding the accident for example:

  • Date, time & location
  • What were you operating and why
  • Was the correct PPE provided
  • Was the working environment safe
  • Any witnesses
  • Accident record book

Getting as much information can only help when making a claim for an accident, and will help when calculating compensation.

How much can I claim for digger accidents?

Compensation depends on the accident and the surrounding circumstances.

Calculating the compensation amount may take into account:

 

  • Severity of the injury i.e extent of broken bones
  • Medical treatment
  • Loss of earnings
  • Loss of future earnings
  • Out of pocket expenses (ie. Travel)

How long does a digger accident claim take?

This depends on the individual circumstances and all the information provided will be taken into account.

The more straightforward the claim then the quicker it will be to come to a settlement maybe in a matter of months.

For more complex digger accident claims for example serious injury and possible life changing injuries then this makes the claim longer to reach a settlement.  Other factors can come into consideration as you may require:

  • Rehabilitation
  • Further medial treatment
  • Home adaption
  • Vehicle adaption
  • Mobility
  • Personal care

When these are part of a digger accident claim then you may be awarded interim payment(s) to help you from facing financial difficulty.

No Win No Fee Digger Accident Claims

digger accidentTo get started on your claim you can either ring us 0330 053 7117 or if it is more convenient you can use our online link to request a call back. You can rest assure that there are no upfront payments required or any financial risk to you because digger accident claims fall under our No Win No Fee service.

Our team will arrange for your private medical treatment, rehabilitation requirements and any other appointments for you. We aim to work alongside you and keep you up to date on every stage of your claim when negotiating a settlement you deserve.

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