Digger Accident Claims – A Guide to Claiming Compensation

As with most plant machinery, diggers (or excavators) can be dangerous if not used correctly. As such, site operators have a duty to protect digger drivers and other workers from being injured at work. As such, if you’ve been hurt in a digger accident at work because of a negligent employer, it may be possible to seek compensation for any suffering you’ve endured.

If you or a loved one has suffered digger injuries at work, we can help. Our advisors are here to offer a free consultation to help work out your chances of being compensated. They’ll review your case, answer your questions and explain your legal options on a no-obligation basis. Should you have a feasible claim, your advisor could connect you with an accident-at-work solicitor. They offer No Win, No Fee digger accident compensation claims for any cases they take on meaning you only pay them for your work if you are compensated.

Please get in touch if you’d like to start a digger injury claim by:

• Calling our legal advisors on 0333 241 2519.
• Using our free online chat service which is open 24 hours a day.

Read on for more on how digger compensation claims work or give us a call if you have any immediate questions.

Can I Make a Digger Accident Claim?

Employers in industries where diggers are used, such as construction and agriculture, have a legal duty to protect workers from harm. This duty is enforced by laws such as:

• Provision and Use of Work Equipment Regulations 1998.
• Construction (Design and Management) Regulations 2015.
• Health and Safety at Work etc. Act 1974.

Essentially, these laws mean that while you are at work, your employer should:

• Only provide diggers that are fit for purpose and in a good state of repair.
• Carry out site risk assessments before asking staff to operate a digger.
• Train staff on how to use each different type of digger they’ll use.
• Repair any digger defects swiftly.
• Have a health and safety policy and make sure staff are aware of it.
• Provide Personal Protective Equipment (PPE) such as hard hats to all staff where needed.

If you’d like to claim compensation for a digger accident because you believe your employer failed to try and keep you safe, please call our team and they will check whether:

• Legally, your employer owed you a duty of care at the point of your accident.
• Your digger accident happened because your employer breached that duty of care; and
• The accident caused you to be injured.

To check if you have a feasible digger driver accident claim, please don’t hesitate to call.

What Types of Digger Accident Claims Can We Help With?

Some examples of digger accidents that could lead to a compensation claim include:

• Digger tip-overs due to overloading or working on unsafe terrain.
• Being hit by a digger’s bucket as it was swung around.
• Being trapped between a digger and a wall.
• Being crushed by a digger because the operator was using their phone while moving.
• Where a construction worker is injured by a digger’s load being dropped on them.

If you work in construction and have been injured by a digger, why not call the number above to see if you could be entitled to claim compensation for your suffering?

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

If you’re injured in a digger accident at work, it’s important to follow the correct procedures to protect your health and any potential claim. Your responsibilities may include:

• Report an accident at work to your supervisor or site manager as soon as possible.
• Ensure the accident is recorded in the company’s accident report book.
• Seeking medical attention for a proper diagnosis and treatment of your injuries.

In some cases, digger accidents may need to be reported to the Health and Safety Executive (HSE). If an investigation is launched, you should cooperate and provide any necessary information.

What Evidence Can Be Used for Digger Accident Claims?

To win compensation for a digger accident at work, you will need to demonstrate how the accident occurred, that someone else was responsible and the severity of your injuries.

As such, you could use any of the following to try and strengthen your case:

• Doctor’s notes, test results, X-rays and other medical information should make it easier to prove your injuries.
• Accident report forms which is why you should always report digger accidents so that there is written confirmation of where and when the incident happened.
• Witness details and contact information from anyone who saw the digger accident. That way, your solicitor can contact them later if witness statements are required.
• CCTV footage if your excavator accident happened in front of a security camera, you’re entitled to request a copy of any relevant footage.
• If possible, you or someone else should take photos of the accident scene to help establish the cause. You should also photograph any visible injuries to document the extent of your suffering.

We understand that it’s not always possible to gather all of the information listed here (especially if you’ve sustained a serious injury at work). Therefore, please feel free to request a free assessment of your digger accident claim no matter how much evidence you have available.

How Long Do I Have to Claim Digger Injury Compensation?

As you might already be aware, there is a time limit for personal injury claims here in the UK. It is defined by the Limitation Act 1980. For digger accident claims, you’ll usually have 3 years to claim from the date of the accident.

However, there is an exception to this rule if the claimant doesn’t have the mental capacity to take on legal action alone. This might be the case, for instance, if they suffered a traumatic brain injury after being hit by an excavator.

So long as a medical professional says the claimant lacks mental capacity (in accordance with the Mental Capacity Act 2005), there is no time limit for claiming. Someone else could therefore claim on behalf of the injured party at any time by acting as their litigation friend.

For information on digger compensation claims time limits, please call our legal advisors now.

How Much Compensation for a Digger Accident Claim?

As each digger claim is unique, it’s not possible to say how much compensation you might be entitled to if your case is successful. However, we can say that if you win your claim, your compensation payout will be made up of:

• General damages – compensation that covers pain and suffering. Crucially, your settlement could cover both physical and mental harm. Additionally, if your injuries have an impact on your normal activities and hobbies, general damages could also cover loss of amenity.
• Special damages – compensation for out-of-pocket expenses, financial losses and other costs.

When our solicitors assess compensation levels, they’ll usually gather medical information to try and understand the extent of your injuries. Then they’ll compare your injuries to those listed in the Judicial College Guidelines (JCG) which also lists potential compensation ranges.

If you have been affected financially by your injuries, you could receive compensation for:

• Rehabilitation and medical expenses e.g. physiotherapy costs.
• Travel expenses.
• Care and support costs.
• The cost of updating or modifying your home to make access easier if you’ve been permanently disabled following a digger accident.
• Loss of earnings and future loss of income.
• Replacement property costs if personal items were damaged during the accident.

It is important to ensure that all aspects of your suffering are covered before agreeing to settle your claim.

Do You Need a Personal Injury Solicitor When Claiming for a Digger Accident?

In most circumstances, digger accident claims will not be dealt with by your employer directly. It is far more likely that it will be referred to their insurance provider who, potentially, could try to deny the claim or contest the extent of your suffering to try and limit any compensation offer.

As such, to try and ensure that you receive a fair settlement, you might decide to instruct a specialist solicitor to represent you during the claims process.

Here are some of the ways our solicitors could help you when claiming for a digger driver accident at work:

• Finding evidence to support your version of events.
• Ensuring compliance with the pre-action protocols for personal injury claims.
• Taking responsibility for all communication with your employer (or their insurers).
• Fighting your corner to try and counter any arguments raised.
• Sending you regular case updates.
• Aiming to secure the maximum amount of compensation possible.

Can I Make a No Win, No Fee Digger Accident Claim?

If your claim is handled by one of our solicitors, their services need only be paid for if you are paid compensation due to their No Win, No Fee service.

At the start of the claims process, you’ll need to sign a contract called a Conditional Fee Agreement (CFA).

The CFA explains that you don’t pay for your solicitor’s work upfront or if they lose the case. It also sets out the success fee you’ll pay if you receive a settlement payment.

The maximum success fee is 25 per cent of your compensation so you’ll always retain the bulk of any settlement awarded.

Call now to discuss starting a No Win, No Fee digger accident claim.

Will I Be Sacked for Claiming Against My Employer?

Many construction and farm workers may worry that they’ll be disciplined if they make an accident at work claim. However, if this happens, your employer could be breaking the law.

So long as you submit an honest claim, your employer cannot pick on you, bully you, harass you, demote you or fire you. Such action could result in separate legal action being taken for constructive or unfair dismissal.

Therefore, don’t be worried about starting a digger accident compensation claim and feel free to call us if you’d like free advice on your next steps.

Contacting Us About a Digger Accident Claim

Are you ready to take action following a workplace accident involving a digger? If so, you can:

• Call us on 0333 241 2519 to speak to our legal advisors.
• Use our live chat service to learn about your options online.

If you contact us, there’s no obligation to make a claim with us after your free initial consultation. However, it’s worth remembering that all digger accident claims are managed on a No Win, No Fee basis so if your claim is accepted, you’ll only pay for your solicitor’s work if you receive a compensation payout.