You may be wondering if you can receive compensation after being injured by a moving object at work. This guide will explain under what circumstances you could make an accident at work claim and confirm the potential benefits of a No Win No Fee agreement.
If you’ve suffered an injury at work, a claim could lead to you receiving compensation. If you have any questions about the claims process, our advisors will be happy to help. They’re available 24/7, offer free legal advice and can put you through to No Win No Fee personal injury solicitors from our panel if you have a solid claim. Contact us today using the below details.
- Call us with the phone number above.
- Contact us through our website.
- Write to us using our Live Chat window.
Read on to learn more about claiming due to being injured by a moving object at work.
Select a Section
- I Was Injured By A Moving Object At Work, Can I Claim Compensation?
- How Could I Be Injured By A Moving Object At Work?
- How Frequent Are Moving Object Accidents At Work?
- What Can I Claim If Injured At Work?
- Accident At Work Claims On A No Win No Fee Basis
- Get More Help With Claims For Being Injured By A Moving Object At Work
I Was Injured By A Moving Object At Work, Can I Claim Compensation?
There are many ways you could be injured by a moving object. This section will clarify under what circumstances you may be able to receive compensation. If negligence on your part caused the accident, you wouldn’t be able to claim. That’s because, with any personal injury claim, you’re claiming for the fact that a third party has broken their duty of care.
Employers have a duty of care to their staff. In the UK, their duty of care is detailed in the Health and Safety at Work etc. Act 1974. They need to ensure, within reason, that the facilities provided to the staff can be used without risking injury or other harm. Overall, they should ensure their employees’ safety in the workplace. Therefore, if you’ve been injured by a moving object at work because of an oversight on their part, you may be able to claim if the employer breached their duty of care.
As such, the below three factors need to relate to any injury for you to receive compensation:
- The third-party had a duty of care to protect your safety
- Their actions (or inaction) breached this duty
- Finally, this breach led to you suffering the injury
Furthermore, another important aspect of claiming is the personal injury claims time limit. To potentially receive injury at work compensation, you generally need to begin claims proceedings within three years from the date of the injury or three years from when you became aware of the injury being caused by negligence. This is clarified in the Limitation Act 1980. (There are exceptions to this time limit, however.)
To learn more about accident at work claims or to check how long you might have to claim, please call our advisors for free legal advice using the contact details above.
How Could I Be Injured By A Moving Object At Work?
This section will provide examples of how ‘struck by’ accidents in the workplace could happen to help clarify under what instances you may be able to claim.
Your employer should implement control measures to ensure the workplace is as safe as possible. This could involve reducing or removing the risk of moving objects hazards. Claiming compensation would involve proving that their negligence has led to your injury.
You could potentially make accident claims for being injured due to:
- Pallet trucks in retail settings that were faulty but employees were asked to use them anyway
- Falling boxes that were placed incorrectly because staff didn’t have appropriate training
- Collapsing structures, the risk of which the employer was made aware of
- Forklift trucks in warehouse settings where the employer didn’t ensure staff were properly trained
- Handtools falling onto you because the appropriate preventions for this (such as lanyards) weren’t in place. This type of injury could be experienced in construction and building sites, for instance.
As previously stated, you need to prove that your injury was caused by employer negligence to claim successfully. Therefore, to claim for being injured by a moving object at work, you need to be able to provide evidence that your employer broke their duty of care and that caused the injury.
Examples of evidence you can use during a claim include:
- CCTV footage
- Medical reports
- Witness statements
- Independent medical assessment of your injury
How Frequent Are Moving Object Accidents At Work?
The Health and Safety Executive (HSE) provides guidance to prevent struck-by injuries in the workplace, falling objects hazards and other accidents. It analyses and assesses work-related injury statistics to provide guidance to employers and workers. As you can see above, the HSE also monitors the causes of reported non-fatal injuries to employees.
Being injured by a moving object at work can occur in many different scenarios. Regarding the data the HSE has available, we’ve chosen the above three accidents that could cause struck-by injuries. Based on this data, in 2019/20 alone, there were 10,863 reported non-fatal struck-by injuries in Great Britain.
Therefore, whether you’ve suffered an injury caused by vehicles at work or been struck by falling objects, please don’t assume that you can’t claim. As this data suggests, incidents like this can happen, and it only takes one phone call to see if you could claim. Furthermore, please call our advisors using the contact details above to see if you could receive injury at work compensation.
What Can I Claim If Injured At Work?
There are many reasons you could be seeking compensation for being injured by a moving object at work. For instance, you may be wanting to claim because you’re not able to work or because of the extensive physical or psychological damage caused by the accident.
There are two heads of claim you could potentially seek with a personal injury claim, depending on the extent of the injury. Firstly, general damages relate to the psychological and physical harm caused by the injury. Secondly, special damages relate to the financial losses suffered due to it.
Additionally, it’s important to note that you won’t receive any compensation from the claim if you don’t receive general damages. This is because, if you’re not able to claim compensation for general damages, it may be because the third party wouldn’t be seen as liable for your injuries.
Furthermore, you may be wanting to know more about what you could receive in general damages. The Judicial College analyses previous payouts, comparing them to the extent and severity of the respective injuries. In doing this, they’ve been able to build compensation brackets. Therefore, we use these brackets to provide you with the below compensation table.
Below is a series of injuries and their respective compensation brackets. The Judicial College provided these figures. This could help provide you with more insight as to the compensation you could receive.
|Type of Injury||Amount of Compensation||Description|
|Chest (c)||£29,380 to £51,460||Injuries in this bracket lead to continuing disabilities caused by damage done to the lung(s) and chest.|
|Reproductive System: Male (d)||£52,620 to £66,970||An injury in this bracket leads to an uncomplicated case of sterility. However, as such, this doesn't lead to impotence and it doesn’t cause any aggravating features to a young man without children.|
|Kidney (a)||£158,970 to £197,480||This causes permanent and serious damage to or loss of both kidneys.|
|Neck: Severe (iii)||£42,680 to £52,540||Injuries in this bracket lead to dislocations, fractures or severe soft tissue damage and/or ruptured tendons leading to significant disability and chronic conditions of a permanent nature.|
|Back: Severe (ii)||£69,600 to £82,980||Injuries in this bracket have special features causing impaired mobility, bladder and bowel function.|
|Back: Severe (iii)||£36,390 to £65,440||This bracket of injuries includes disc fractures or lesions or soft tissue injuries causing chronic conditions including continuous severe discomfort and pain.|
|Shoulder: Severe||£18,020 to £45,070||This bracket includes injuries that involve damage to the brachial plexus causing disability of a significant nature.|
|Injuries to the Pelvis and Hips: Severe (iii)||£36,770 to £49,270||Injuries in this bracket include an acetabulum fracture causing degenerative changes and injuries that could necessitate hip replacement.|
|Arm: Less severe||£18,020 to £36,770||Injuries in this bracket will be less severe than other arm injuries, but will still cause significant disabilities. However, recovery of a substantial degree will be expected or have taken place.|
|Leg: Moderate (iv)||£26,050 to £36,790||This bracket includes multiple or complicated fractures or severe crush injuries, usually to a single limb.|
If you’d like an accurate, free estimate of what you could claim, why not reach out to our advisors?
Accident At Work Claims On A No Win No Fee Basis
You may be wanting to know the benefits of making an accident at work claim through a Conditional Fee Agreement or No Win No Fee agreement. Working with No Win No Fee personal injury solicitors from our panel means that you wouldn’t have to pay your solicitor’s fees if your claim isn’t successful. You would only have to pay the solicitor’s fee if the claim is successful.
This is because the personal injury lawyer or solicitor would take a small, legally capped portion of your compensation as payment for their legal services. They would only do this once a settlement has been agreed upon.
Additionally, this could also mean that the personal injury solicitor won’t waste your time. They will only take your case if they feel you have a reasonably good chance of success. This is because they share the risk of the outcome of the claim with you.
Our advisors offer free legal advice, are available 24/7 and, through their expertise, can answer any questions you have about the claims process when you’ve been injured by a moving object at work.
Furthermore, they can connect you with our panel of No Win No Fee solicitors. Their experience could be a crucial factor in receiving compensation. To know more, please contact us using the details below.
- Call us on the phone number above.
- Contact us through our website.
- Write to us using our Live Chat window.
Get More Help With Claims For Being Injured By A Moving Object At Work
Furthermore, please use the links below to learn more about making an injury at work claim.
To learn more about how the HSE recommends managing risks at work, please read this article.
They also provide advice on how to avoid slips and trips.
As stated, you can also claim for psychological injuries caused by another party’s negligence. To learn more about treating PTSD, please refer to this NHS guide.
Why not check out more of our accident at work claims guides below:
- A guide to accident at work claims
- Manual handling injury claims
- How to claim compensation for hand injuries at work
- How to claim compensation after a head injury at work
- A guide on claiming compensation for a workplace injury
- Claim compensation after suffering a finger injury at work
- How to claim compensation for eye injuries at work
- Forklift accidents at work
- How to claim compensation for a knee injury at work
- Back injury at work claims
- How to make a fall from a height claim
- Finding construction accident solicitors
- Making a claim for a sprained ankle at work
- Making a claim for a concussion at work
- How to make factory accident claims
- How long do I have to claim after an accident at work?
- What are my rights after an accident at work?
- What do I need to do after an accident at work?
- Working with serious injury solicitors
- A guide to claiming compensation for fatal work accidents
- How to make a work injury claim
- Tips on preventing an accident in the workplace
- Can my employer sack me after an accident at work?
- How to claim for an accident at work
Additionally, call our advisors today to learn more about how to claim after being injured by a moving object at work.
Written by DUR
Published by VIC