Cherry Picker Accident – A Guide to Claiming Compensation

A cherry picker is a type of Mobile Elevating Work Platform (MEWP) used in construction and other industries to work on hard-to-reach places. Any type of accident involving a cherry picker can cause a serious injury that has an impact on you and your family. Crucially, you may be able to claim compensation for injuries sustained in a cherry picker accident caused by employer negligence. This guide about claiming compensation for a cherry picker accident at work explores how the claims process works and what types of incidents could enable you to claim.

Our legal advisors are ready to help if you’d like advice on claiming cherry picker compensation. In a free initial consultation, you can ask any questions you think of while a specialist reviews your case. If they suspect that your case is strong enough, you could be connected to one of our accident-at-work solicitors. Additionally, to reduce the financial risks of hiring a solicitor, all accepted cherry picker accident claims are managed on a No Win, No Fee basis.

If a cherry picker accident has caused you an injury at work and would like to talk to us about it, you can:

• Contact us by calling 0333 241 2519.
• Use our live chat service whenever it’s convenient for you.

There’s plenty of free guidance on cherry picker claims throughout this guide but please feel free to reach out to our team with any questions.

Can I Make a Cherry Picker Accident Claim?

Various laws can be relevant whenever cherry pickers are used at work. Some examples include:

• The Construction (Design and Management) Regulations 2007.
• The Health and Safety at Work etc. Act 1974.
• The Provision and Use of Work Equipment Regulations 1998.

These laws can be used to establish the duty of care that employers have towards the safety of staff when using cherry pickers. For instance, employers must:

• Conduct regular inspections and have a rescue plan in place before a cherry picker is used.
• Provide cherry pickers that are fit for purpose and safe to use.
• Ensure that cherry picker operators are trained on how to use the vehicle safely.
• Provide personal protective equipment where required such as a safety harness to help prevent falls.
• Maintain the cherry picker in accordance with the manufacturer’s guidelines.
• Consider whether a cherry picker is the best way to carry out the task at hand.

If your employer hasn’t upheld their legal responsibilities and you’re involved in a cherry picker accident at work, you might be entitled to claim compensation for any suffering endured.

To check if you could start a cherry picker accident claim, see if you can answer yes to the following questions:

• At the point of your accident, did your employer owe you a duty of care?
• Did the cherry picker accident occur because your employer was negligent in some way?
• Were your injuries sustained in the accident in the last three years and not in any other way?

If you’ve managed to answer yes to the questions or have any queries about your entitlement to claim compensation, please give us a call now to speak to one of our specialists.

What Types of Cherry Picker Accident Claims Can We Help With?

It’s important to note that it’s not just the operator of the cherry picker that can claim for personal injury at work. Anyone else injured in an incident involving a cherry picker caused by negligence could be entitled to compensation for their injuries.

Some of the different types of cherry picker accidents that could result from negligent actions and an accident at work claim include.

• Overturns: Where the cherry picker operator is thrown from the basket because the vehicle overturns.
• Entrapment: Where the cherry picker operator is trapped in between the basket and an overhead surface such as steelwork.
• Falls: Where the operator of the cherry picker falls from height whilst working.
• Collisions: This can involve the cherry picker colliding with other vehicles, buildings or overhead cables during operation.

As well as life-threatening injuries or fatal workplace accidents, cherry picker accident claims can be linked to:

• Broken bones.
• Soft tissue injuries.
• Spinal cord injuries.
• Brain injuries.
• Psychological injuries.

If you or a loved one has been injured in a cherry picker accident and you’d like free advice on claiming compensation, please feel free to contact one of our legal advisors now.

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

If you are injured following a work-related cherry picker accident, you should:

• Seek immediate medical attention for any injuries. If you’re not taken to a hospital by ambulance, you should attend A&E or a minor injuries unit.
• Ensure you tell your employer about the accident as soon as you can and ask for it to be logged in the accident report book.
• Comply with the HSE if they conduct an investigation into your cherry picker accident.

Taking these steps will help you meet your health and safety obligations at work and could provide some of the evidence needed to support your cherry picker accident claim.

What Evidence Could Help In A Cherry Picker Accident Claim?

Evidence can be vital in an accident at work claim as it can help prove your case and prove why your employer can be sued for compensation. A few examples of the types of evidence you could present include:

• Video Footage: If your accident was recorded on a dashcam, mobile phone or security camera, copies of the footage could help to prove what happened.
• Witness Statements: You should ask any potential witnesses for their contact details in case your version of events is contested.
• Medical Records: Copies of your x-rays, scan results and medical notes can help to prove your injuries:
• Accident Reports: A copy of an HSE investigation report can help to prove how the cherry picker accident occurred and your company’s accident report form can prove where and when you were injured.
• Photographs: Pictures of any damage to the cherry picker can help to prove the cause of your accident. Also, you could take pictures of any visible injuries throughout the claims process.

If you’re thinking about making a cherry picker accident claim, call our legal advisors now so they can review your evidence for free.

How Long Do I Have to Claim Cherry Picker Injury Compensation?

Under the Limitation Act 1980, you have 3 years to claim for an injury at work. Generally, this will begin on the date of your cherry picker accident.

If the injured party lacks mental capacity, someone else could seek compensation on their behalf. In this scenario, there is effectively no time limit unless the claimant regains mental capacity.

Finally, if you wish to make a fatal cherry picker claim, you will have 3 years to claim from the date of death or from when you were made aware of the fatality.

What Compensation Can I Claim for a Cherry Picker Accident?

Two heads of loss will generally be used to value your cherry picker accident claim.

General damages are used to cover the physical and emotional pain and suffering resulting from a cherry picker accident. You can also claim for any loss of amenity caused by your injuries. This covers any normal activities that have been affected as a result of your injuries.

To ensure that the impact of your injuries is properly understood, your solicitor will arrange a medical assessment with an independent expert. They’ll examine you, review your medical records and discuss how you’ve suffered as a result of your injuries.

The subsequent report will be compared with injuries listed in the Judicial College Guidelines (JCG) to help value your settlement.

A second head of loss, special damages, might also be relevant if your cherry picker accident has led to any financial problems. For instance, you might need to claim back:

• Loss of earnings (including future losses).
• The cost of making home or vehicle adaptations to make it easier to cope with any disabilities resulting from your accident.
• Medical, care and support costs.
• Travel expenses.

If you work with an accident-at-work solicitor to make a cherry picker injury claim, they’ll review your suffering in detail to value your claim correctly.

Can I Claim Compensation for a Fatal Accident?

Statistics from the HSE show that falling from height was the most common type of fatal workplace accident in 2022/23.

While a compensation payout won’t make losing a loved one easier, it might help you deal with the financial implications.

If you decide to make a fatal cherry picker accident claim, compensation could be sought to cover:

• The pain and suffering your loved one endured after the accident.
• Any costs such as funeral expenses you’ve incurred.
• Loss of companionship.
• Your financial dependence on the deceased’s earnings or benefits.

If you have lost a loved one in a cherry picker accident and believe that their death was avoidable, please feel free to call our legal advisors to check your options for free.

Do You Need a Solicitor for Cherry Picker Accident Claims?

While it is perfectly feasible to take on an accident at work claim yourself, the reality is that the process can be quite daunting. If the claim is contested in any way by your employer’s insurers, the stress involved with claiming can be magnified a lot.

Therefore, you might decide to work with one of our solicitors when claiming compensation for a cherry picker accident. Their legal experience, knowledge and training should result in a much smoother case. It could also enable them to negotiate a better compensation payout than your employer’s insurer offered initially.

Our solicitors manage all cherry picker claims on a No Win, No Fee basis. Before they get to work on your case, they’ll ask you to sign a Conditional Fee Agreement (CFA).

The CFA is your contract and it sets out in black and white that your solicitor will only be paid for their work if the claim is won and you are compensated. If the claim fails, you’ll pay them nothing.

A percentage of any compensation you’re awarded will act as your solicitor’s success fee. This percentage is legally capped for your protection meaning you’ll always retain the bulk of your settlement if the claim is won.

How Long Do Cherry Picker Claims Take to Settle?

Each accident at work claim is unique. As a result, the time taken to process cherry picker accident claims will vary from case to case.

Here are some examples:

• If you sustained only minor injuries and your employer admits responsibility for the accident immediately, you could be compensated in 4 to 5 months.
• If you sustained life-changing injuries after falling from a cherry picker, it might take a lot longer for the impact of your injuries to be properly understood. Therefore a claim would typically take more than a year.

Importantly, if your employer has admitted that they’re responsible for your cherry picker accident, you could receive interim compensation payments before your claim is settled to help you deal with the financial implications of your injuries.

Contacting Us About a Forklift Accident Claim

We’re here to help you claim for any injuries you’ve sustained in a cherry picker accident at work. If you’d like to talk now to one of our legal advisors, you can:

• Call now on 0333 241 2519.
• Use our live chat service.

We’ll provide free advice in an initial consultation to explore your options. If your claim appears to be feasible, we could connect you with one of our solicitors who’ll work on a No Win, No Fee basis if your cherry picker accident claim is taken on.