Crane Accident Claims – A Guide to Claiming Compensation

Fortunately, crane accidents are quite rare but, unfortunately, they do happen from time to time. When they do, they can lead to severe injuries including those that are life-threatening and sometimes fatal. If you or a loved one has been injured in a crane accident at work, you might be entitled to compensation for any subsequent injuries. Therefore, in this guide to claiming compensation for a crane accident, we’ll explore when crane accident claims may be possible and what the process involves.

If you’ve been injured by a crane at work, we are happy to assess your claim for free in a no-obligation initial consultation. This enables you to get free legal advice on what options may be available and suggestions on what your next steps might be. If you decide to make a crane injury claim and one of our accident-at-work solicitors offers you legal representation, they’ll work on a No Win, No Fee basis, making the claims process much less stressful.

To discuss a crane accident claim with a legal advisor you can:

• Call now on 0333 241 2519.
• Use our free online chat service day or night.

We’ve hopefully answered a lot of questions you may have about claiming compensation throughout this guide. If you need to know anything else, please contact one of our specialists.

Can I Make a Crane Accident Claim?

Several laws place a duty of care on construction site managers and employers in relation to the use of cranes at work. They include:

• The Health and Safety at Work etc. Act 1974.
• The Lifting Operations and Lifting Equipment Regulations 1998.
• The Management of Health and Safety at Work Regulations 1999.

The Notification of Conventional Tower Crane Regulations 2010 which previously required construction site operators to notify the Health and Safety Executive (HSE) about the use of tower cranes was revoked in 2013.

According to the HSE, the four key considerations for safe crane use are:

• Planning: Where any lifting operation is properly planned and any risks are considered.
• Safe Systems of Work: Meaning a method statement must be produced and everyone involved should be aware of it.
• Supervision of Lifting: A crane supervisor must direct those involved in the lift ensuring the method statement is followed.
• Thorough Examination: Meaning that the crane must be inspected at prescribed intervals. The inspection must be conducted by a competent person.

If employers or construction site managers fail to meet their legal obligations with regard to crane or employee safety, they could be deemed to have been negligent. As such, crane accident claims may be possible if:

• At the time of the accident, the defendant owed the claimant a legal duty of care; and
• The defendant’s negligent actions caused a crane accident in the last three years; in which
• The claimant sustained an injury or injuries.

If you would like a legal advisor to check if you might be eligible to start a crane accident claim, call the number above now.

What Types of Negligence Could Lead to Crane Accident Claims?

For reference, we’ve listed a few examples of accidents that could result in crane accident claims we can help with:

• Improper Training: Operators not properly trained in crane operation and emergency procedures.
• Lack of Maintenance: Failing to regularly inspect, maintain, and repair the crane, leading to mechanical failures.
• Overloading: Exceeding the crane’s maximum load capacity, causing tipping, crane collapse, or mechanical failure.
• Inadequate Safety Measures: Not implementing or following safety measures, such as securing the load correctly, establishing exclusion zones, or using signal persons.
• Poor Planning: Lack of proper planning for crane operations, including risk assessments, site inspections, and the selection of the correct crane type for the specific task.
• Faulty Equipment: Using cranes or crane components that are defective, damaged, or otherwise unsuitable for use.
• Negligent Supervision: Supervisors or managers failing to oversee crane operations adequately or ensure compliance with safety regulations.
• Communication Failures: Lack of clear and effective communication among crane operators, ground workers, and supervisors.
• Ignoring Weather Conditions: Operating cranes in unsafe weather conditions, such as high winds or lightning.
• Violating Regulations: Not adhering to industry standards and government regulations governing crane operations and construction site safety.

Even if we’ve not listed the type of crane accident you’ve been injured in here, please get in touch to discuss your rights after an accident at work.

What Should I Do If I’m Injured in a Crane Accident at Work?

If you are involved in a crane accident at work, you may need to:

• Seek medical treatment for your injuries (if you’re not taken to A&E by an ambulance).
• Tell your employer about the accident as soon as you can.
• Make sure the incident is recorded in an accident report book.
• Comply with the HSE if they decide to investigate your accident.

The steps listed here can help your employer to learn lessons about your crane accident. They could also provide you with some of the evidence you’ll need for a crane accident claim if you decide to make one. More on that, next.

What Evidence Can Be Used for Crane Accident Claims?

To present as strong a claim as possible, you should collect evidence to prove how your crane accident happened and how you’ve suffered as a result. Some solid pieces of evidence you could use include:

• HSE investigation reports and accident report forms.
• Medical evidence that proves your injuries.
• Witness statements from anyone else who saw your accident happen.
• Before and after photos of the crane accident where available.
• CCTV footage or mobile phone recordings of the crane accident.

The more evidence that you’re able to supply, the better the chances of winning compensation to help you cope with your suffering.

What Time Limit Applies to Crane Accident Claims?

Like all work-related personal injury claims, crane accident claims are subject to a three-year time limit, as outlined by the Limitation Act 1980. It’s crucial to observe this deadline to prevent your claim from becoming statute-barred.

Typically, this time limit begins on the date of the accident. However, if you (or a loved one) were seriously injured in a crane accident and are unable to make a claim due to a lack of mental capacity, this time frame may be effectively suspended. It remains on hold until the injured party possibly regains the capacity to claim. During such circumstances, another individual can step in as the claimant’s litigation friend to pursue compensation on their behalf at any point.

If you’re filing a claim for a fatal accident, the time limit begins from the date your loved one died or the date you were informed of their death.

What Compensation Can I Claim for a Crane Accident at Work?

The extent of your injuries is a large part of any compensation you’ll receive if your crane accident claim is successful. This is called general damages and it also covers any negative impact your injuries have had on your normal activities and hobbies.

To ensure your injuries are valued correctly, your solicitor will collect copies of your medical records. They may also arrange an independent medical assessment so that an expert can assess your injuries and prepare a report about your prognosis.

That report could then be compared with previous cases and to compensation brackets for injuries listed in the Judicial College Guidelines (JCG).

In addition to general damages, your compensation payout may also include special damages. This is compensation that covers any costs your crane injuries have led to, for instance:

• The cost of modifying your home (or vehicle) to improve your quality of life if you’ve been left disabled by a crane accident.
• Travel expenses.
• Loss of earnings (including long-term losses).
• The cost of a full-time carer at home.
• Medical and rehabilitation costs.

If you make a crane accident claim with one of our accident-at-work solicitors, they’ll work with you to fully understand how you’ve suffered before valuing your claim.

Can I Claim if I’m a Subcontractor?

To start a crane accident compensation claim, it does not matter what type of contract you’re employed on. The construction site operator will have the same duty of care for the safety of all employees which means, if you’ve been injured in a crane accident, you could be entitled to claim compensation.

Therefore it’s perfectly viable for subcontractors to claim for crane-related injuries so long as the construction accident was caused by the negligence of their employer or the site operator.

Can I Claim Compensation for a Fatal Crane Accident?

If you’ve lost a loved one following a crane accident, you might feel an enormous sense of injustice if the accident was caused by negligence. Similarly, you might struggle to cope financially if you rely upon the deceased’s income.

As such, you may wish to claim compensation for a crane accident fatality. This could include damages for the pain and suffering your loved one endured before their death as well as compensation to cover:

• Funeral expenses.
• Loss of companionship.
• Loss of the deceased’s earnings, pension or other benefits.

Please get in touch if you’d like to know more. A member of our team will guide you through the process of fatal accident claims and advise you about your options.

Will I Need a Solicitor for a Crane Accident Claim?

Legally, no, you don’t have to make a crane accident claim with a solicitor. However, if your claim is contested, the process can be very complex and involve difficult legal or medical questions. Even if the claim is not contested, it can be quite difficult to ensure that your settlement reflects the full extent of your suffering. Many of these problems could be overcome if you take on a solicitor who specialises in accident-at-work claims.

If you work with one of our solicitors, they’ll manage your claim from start to finish. As a result, you won’t need to deal with your employer or their insurer directly as your solicitor will take care of all negotiations.

Additionally, any crane accident claims taken on by our solicitors are managed on a No Win, No Fee basis. That means that once you’ve signed a contract called a Conditional Fee Agreement (CFA), you:

• Do not need to pay your solicitor upfront.
• Do not pay your solicitor if the claim is lost.
• Will have a success fee deducted from any compensation payout you accept.

The success fee is a percentage of your compensation. The percentage you’ll pay is listed in your CFA but, legally, it is capped at 25 per cent to try and make sure that you’ll retain most of any settlement you’re awarded.

Contact our legal advisors to start a No Win, No Fee crane accident claim now.

Will the Claim Go to Court?

In our experience, construction-related accident claims are generally dealt with out of court. This means solicitors and insurers will typically reach an amicable settlement. This is far more favourable than facing the extra time and money involved in court proceedings.

However, in some cases, a crane accident claim might go to court if:

• Your solicitor strongly believes that your claim can be won; but
• Your employer denies liability for the accident and injuries; or
• Your employer’s settlement offer is deemed to be too low.

In the unlikely event that your claim does end up in court, your solicitor will manage the whole process on your behalf.

Contacting Us About a Crane Accident Claim

We are here to help if you’ve been injured in a work-related crane accident. To discuss your options you can:

• Speak to an advisor by calling 0333 241 2519.
• Connect to our 24/7 online chat service.

We’ll provide no-obligation legal advice in a completely free initial consultation to discuss your options. If your claim appears to be feasible, we could partner you with a solicitor who’ll work on a No Win, No Fee basis if your crane accident claim is taken on.