Working in the building industry can be very dangerous if safety rules aren’t adhered to. While large machinery such as cranes can make jobs a lot easier, their use can lead to accidents. If you’ve been involved in an accident involving a crane which was not your fault, you may be entitled to claim compensation for any suffering. Our guide on making a crane accident claim will explain when you might be entitled to claim and the process you could follow.
Our team of specially trained advisors can help by offering a free initial consultation. During your call, you’ll explain what happened and we’ll answer any questions you might have. Our initial advice is free and if you decide to claim, one of our personal injury lawyers will represent you on a No Win, No Fee basis if they take your claim on. That means that no legal fees will need to be paid unless you receive a compensation payout.
To learn more about crane accident claims, please read on. If you would like to discuss your options with us, please call 0800 652 1345.
Regulations regarding the safe use of cranes
The height of cranes and the loads they move mean that there are some obvious dangers associated with their use. However, crane safety is of paramount importance on a building site. Safety guidelines should be followed to keep staff and members of the public as safe as possible.
As such, various laws exist to help reduce the risk of injuries caused by cranes including:
- The Lifting Operations and Lifting Equipment Regulations 1998.
- The Work at Height Regulations 2005.
- The Building Safety Act 2022.
Another piece of legislation that places a duty of care on employers to try and keep their staff as safe as possible is the Health and Safety at Work Act 1974. Following the rules set out by these laws should help to reduce the risk of crane accidents and subsequent injuries.
Can I claim compensation for a crane accident?
The regulations listed in the previous section establish a legal duty of care on building firms to try and keep staff and members of the public as safe as possible. As such, you may be entitled to start a personal injury claim if:
- The defendant’s negligence led to a breach of duty; and
- A crane accident resulted; and
- You were injured in that accident.
Proving that a crane accident was caused by negligence may be complicated and require a specialist investigation. This is one of the reasons we would suggest taking on legal representation before filing your claim. If you work with one of our solicitors, they’ll conduct a thorough review of your case and check that enough evidence exists to proceed.
Is it ok to sue my employer for a crane accident?
Many people think that they’ll face problems at work if they make a personal injury claim against their employer. However, this would be illegal so long as you submit an honest claim.
Employment laws are there to protect you so you can’t be fired, demoted, docked wages, picked on or bullied as a result of your crane accident claim. If that does happen, you would potentially have the option to make a separate claim for constructive or unfair dismissal.
Types of crane accident claims
The most common types of accident claims involving cranes include:
- Dropped loads – where a load is dropped unintentionally because it’s too heavy or poorly secured.
- Crane collapses – where improper use or poor maintenance causes the crane to collapse or tip over.
- Crane boom failures – When the boom of a crane fails due to improper maintenance or overloading.
- Rigging failures – When the rigging used to lift or move heavy loads fails, causing the load to fall.
- Swinging loads – where a crane’s load or boom hits other buildings, people or vehicles because it swings uncontrollably (in high winds for example).
- Falls – fortunately, falls from cranes are fairly rare but they do happen occasionally and can cause serious injuries.
Even if we’ve not listed the type of crane accident you had here, we could still help you to start a claim. Please let us know what happened and we’ll explain your options for free.
Negligence leading to crane accidents
As we pointed out earlier, you can only claim compensation for a crane accident caused by negligence. Some examples of when this might be the case include:
- Where a crane is used to move a load without signalling from the ground.
- If the crane operator is not qualified or properly trained.
- A lack of inspection, maintenance or repair.
- If a crane is used to move a load that is too heavy.
- If the manufacturer’s guidelines were not used when constructing the crane.
- Where the area surrounding the crane was not checked for obstacles.
- If the crane operator does not have experience with the type of crane they are using.
If you believe you have been injured by a crane because of somebody else’s negligence, please call our team for free advice about your next steps.
What types of injuries from a crane accident could I be compensated for?
As you can imagine, crane accidents can cause some very serious injuries. Some of the most common that you could be compensated for include:
- Crushed limbs.
- Spinal cord injuries.
- Brain injuries.
- Psychological injuries.
Whatever type of injury you’ve sustained we could help you start a crane accident claim. Please call our team today to find out how much compensation you might be entitled to.
How much compensation do you get for a crane accident?
Compensation awarded in a successful personal injury claim should help the claimant to recover physically, mentally and financially (as much as possible). As such, if you make a crane accident claim, any settlement could cover:
- Any physical pain, discomfort and suffering.
- Mental harm caused by conditions such as anxiety or PTSD.
- Lost income from the crane accident.
- Loss of enjoyment (for hobbies and your usual family or social activities).
- Medical expenses such as physiotherapy or private treatment costs.
- The cost of a professional carer or the time of a family member who supports you.
- Travel expenses.
- Future loss of earnings if your injuries reduce your long-term earning capacity.
- Home adaptations that improve your quality of life if you’ve been left disabled by a crane accident.
- Replacement costs for personal property damaged in the accident.
Essentially, you should not be left out of pocket if you were involved in a crane accident that was not your fault. If you decide to work with one of our solicitors, they’ll explore exactly how you’ve been affected to try and ensure your claim covers all aspects of your suffering.
How will my solicitor know how the crane accident has affected me?
During any personal injury claim, the extent of your injuries will need to be established before calculating the potential compensation level. So, as part of a crane accident claim, your solicitor may have to arrange an independent medical assessment.
This meeting will usually take place locally and will involve an examination and a discussion about how your injuries have affected you. As well as your physical injuries, the specialist may discuss how you’ve been affected psychologically as well.
After the meeting, the specialist will send a report about your injuries and your prognosis to each party involved in the claim and this will be used to determine a settlement figure if the claim is successful.
Can I claim for a fatal crane accident?
If you have lost a loved one following a crane accident, we realise that compensation will not help you to deal with your loss. However, at some point, you may wish to seek compensation for their suffering or if you were financially dependent on the deceased’s income. You could also claim for any expenses incurred as a result of their death.
If you would like free information on how to claim for wrongful death, please speak to one of our advisors. There’s no obligation to make a claim but they’ll provide you with free legal advice about your options.
Proving providing to support a compensation claim
When making a crane accident claim, you’ll need to convince the defendant’s insurer:
- That the crane accident was caused by their client’s negligence; and
- That you sustained injuries in the accident; and
- How those injuries have affected you.
As such, it’s important to supply as much proof as possible to support your claim. This could include:
- Photos. Pictures taken at the scene of a crane accident can really help to show how the accident occurred. Also, photos of your physical injuries can be used to support your claim.
- Witness information. Anybody else who saw the accident occur could be asked to provide a statement. As such, you should forward their contact details to your solicitor.
- Medical records. We would always strongly suggest that your injuries are examined in a hospital so that they are treated correctly. Later on, a copy of any medical notes or x-rays could be requested to show the extent of your injuries.
- Accident reports. Some crane accidents will need to be investigated by the Health and Safety Executive (HSE). Their reports may be used to prove what happened. In the same way, a copy of a report about the incident from an accident report book could be used.
- Camera footage. If the accident at work was recorded by a CCTV camera on-site or from buildings nearby, you could ask for a copy of any relevant footage.
If you have any proof of negligence already, please let us know when you call as it could make it easier for your solicitor to win your claim.
No Win, No Fee claims
Seeking legal representation in a personal injury claim can seem quite daunting. For many, the cost of hiring a specialist solicitor can be off-putting. We understand that and it’s the reason that our solicitors provide a No Win, No Fee service for all accepted crane accident claims.
No Win, No Fee means that:
- Up to 25% of any settlement will be used to cover your legal fees if the claim is won; but
- You don’t pay any solicitor’s costs upfront; and
- You don’t pay any legal fees whatsoever if the claim fails.
Knowing that your solicitor won’t charge legal fees unless you are compensated should certainly reduce your stress levels during the claims process.
During a crane accident compensation claim your solicitor’s main goals will be to:
- Manage the whole process on your behalf.
- Gather supporting proof.
- Arrange for a medical report about your injuries.
- Liaise with the defendant’s insurers and try to counter any objections they raise.
- Keep you informed about the progress of your claim.
- Aim to ensure that you are compensated fairly.
Please get in touch to check if you could claim for a crane accident on a No Win, No Fee basis.
Crane accident claims time limits
In the UK, personal injury claims have a 3-year time limit. This is set in law and will usually start from the date of your crane accident.
It is usually a good idea to try and claim as soon after your accident as possible. By doing so, it should be easier to collect proof and medical records to support your claim. Furthermore, if you make a claim while you’re still recovering, you may be entitled to receive an interim payment that can help you deal with lost income or cover any expenses such as medical costs linked to your injuries.
In some cases, crane injury claims can be finalised within 6 to 9 months if liability is agreed upon fairly quickly. If more negotiation or investigation is needed, claims may take longer than a year.
Start a crane accident claim today
Please call one of our specialists on 0800 652 1345 today for a free consultation about your claim. We’ll answer any questions that you might have and consider your next steps.
As well as receiving free legal advice, you may be referred to one of our personal injury solicitors. If they decide to represent you, they’ll manage your claim on a No Win, No Fee basis. As a result, no legal fees will be payable unless you are awarded a compensation settlement.
If you’d rather discuss a crane accident claim online, please feel free to connect to our live chat service.