Building sites are inherently dangerous places for people to work, with various potential health and safety risks that can result in accidents and injuries. Injuries…
Digger or excavator accident claims
If you’ve been injured in a digger or excavator accident at work, you could be eligible to make a digger accident compensation claim.
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Digger Accident Claims
If you have been injured in a digger or excavator accident, you might be eligible to make a digger accident claim and receive compensation for your pain, suffering and financial losses.
Diggers are heavy machinery used in a wide range of industries, including construction, mining and forestry. Accidents involving them can cause life-changing injuries such as amputations or spinal damage to both workers and bystanders.
Employers have a legal duty to keep workers and members of the public as safe as possible from digger accidents. If this duty is breached through a lack of training, faulty equipment or other types of negligence, you might be entitled to compensation.
To find out if you can start a claim, call 0800 470 0474 for a free case assessment or use our online claim form to request a call back.
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Table of Contents
What is a digger accident?
A digger accident refers to any incident involving heavy machinery such as excavators, JCBs, trenchers, or similar equipment. These accidents often occur on construction sites, but can also happen in other industries, such as demolition, mining, and landscaping.
Common types of digger accidents include:
- Being struck by a moving digger.
- Being struck by a moving digger arm.
- Being trapped under the digger.
- Being trapped between the digger and another object.
- Being struck by items falling from the digger bucket.
- Being knocked over by a digger that is reversing.
- Falls when climbing on or off the digger.
- Accidents caused by mechanical failures.
Can I make a digger accident claim for compensation?
If you were injured by a digger, the easiest way to find out if you can make a compensation claim is through a free consultation with a personal injury solicitor.
They will offer you a free case assessment to try and determine whether:
- The defendant owed you a legal duty of care.
- They breached their duty of care towards you because they were negligent.
- Your accident occurred as a result of this negligence.
- You suffered an injury or injuries as a result, within the past three years.
If these can be established, the solicitor will take on your case and guide you through each step of the claims process.
How do I make a claim for a digger accident?
If you were injured in an excavator accident at work, taking the proper steps will help protect you and your legal rights. These include:
- Seek immediate medical attention, even if your injuries seem minor at first.
- Report the accident to your employer and make sure it is recorded in the accident book.
- Gather as much evidence as possible at the scene, such as photos and witness details.
- Contact a specialist workplace accident solicitor to assess your case and compensation prospects.
- If you can proceed with a claim, they will gather further evidence and arrange a free medical exam to assess the full extent of your injuries and their long-term impact.
- Send a letter of claim to the defendant outlining your case.
- Negotiate a settlement if they admit liability, or issue court proceedings if they deny it.
Your solicitor will handle all communication and legal aspects of the case on your behalf.
What evidence do I need to start a digger accident compensation claim?
The types of evidence used to support a digger compensation claim include:
- Medical records detailing the injuries sustained, your treatments and prognosis.
- Medical reports from independent specialists regarding your long-term care needs.
- Photographs or videos of the accident scene, including any hazards or unsafe conditions.
- Workplace documentation, such as maintenance and training records.
- A copy of the accident report filed with your employer.
- Statements from witnesses who saw the accident or were aware of negligence.
- Your account of what happened and how the accident has affected your life.
- Proof of financial losses, such as receipts, bank statements and payslips.
What legislation is in place to protect workers from digger accidents?
Employers must comply with many pieces of legislation to keep workers safe from accidents and injuries, including:
- The Health and Safety at Work Act 1974.
- The Management of Health and Safety at Work Regulations 1999.
- The Provision and Use of Work Equipment Regulations 1998 (PUWER).
- The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER).
- The Construction (Design and Management) Regulations 2015.
Essentially, these laws mean that your employer should:
- Conduct thorough risk assessments to identify hazards.
- Maintain the workplace in a safe condition.
- Provide adequate training on how to operate diggers safely and effectively.
- Establish and enforce a health and safety policy.
- Ensure all diggers are regularly inspected and maintained.
- Only provide diggers that are safe for use, and repair any digger defects swiftly.
- Provide appropriate personal protective equipment (PPE) such as helmets and high-visibility clothing.
- Limit access to dangerous zones where diggers are used.
What types of negligence can lead to digger accidents?
Various types of employer or operator negligence could lead to a digger accident and a subsequent claim, such as:
- A lack of risk assessments.
- Working on unstable or unsafe terrain.
- A lack of training or personal protective equipment.
- A lack of safety measures, such as barriers or warning signs.
- Failing to inspect or repair machinery.
- Insufficient site supervision.
- Defective or unsuitable equipment.
- Overloading diggers.
- Improper use of machinery.
- Reckless or careless operation of diggers.
- Digger drivers ignoring safety protocols or known hazards.
What injuries could result from a digger or excavator accident?
An accident involving heavy machinery, such as a digger or excavator, can result in various types of injuries, some of which can be life-changing or even fatal. Examples include:
- Broken bones, especially to the limbs, skull or pelvis.
- Spinal cord injuries leading to nerve damage and chronic pain.
- Head injuries, from mild concussions to severe brain injuries.
- Crush injuries, damaging muscles, tissues, nerves and bones.
- Amputation of fingers, hands or limbs.
- Damage to organs such as the liver, spleen or kidneys.
- Soft tissue injuries, including tears of ligaments, muscles and tendons.
- Severe cuts and lacerations.
- Burn injuries and electrocution.
- Psychological injuries, including post-traumatic stress disorder (PTSD).
Could I lose my job if I make an accident at work claim against my employer?
Your employer has a legal duty to keep you safe from workplace accidents, including those involving diggers or excavators.
If this duty is breached and you suffer an injury, you have the right to make an accident at work claim for injury compensation. It would be unlawful for your employer to dismiss you simply for making a legitimate personal injury claim.
The Employment Rights Act 1996 protects you from unfair dismissal or any other type of retaliation from your employer. If they treat you unfairly following your accident or claim, you could take further legal action at an employment tribunal.
Can I make a digger injury compensation claim on behalf of someone else?
You can represent a loved one as a litigation friend if they were injured in a digger accident and they are:
- A child under the age of 18.
- An adult who does not have the mental capacity to handle their own case (a protected party). This could be due to serious injuries suffered from the accident or a pre-existing condition, such as a learning disability or mental illness.
A specialist personal injury solicitor will guide you through the process of acting as a litigation friend on behalf of your loved one.
Also, you may be entitled to claim compensation if you lost a loved one because of a digger accident and you are a dependant of theirs. In this case, you can claim financial dependency, loss of services, funeral expenses and bereavement damages.
How much compensation for a digger accident could I be entitled to?
The amount of compensation awarded for an injury at work is calculated based on two types of damages:
- General damages compensate you for the physical pain, emotional suffering and loss of amenity caused by the accident.
- Special damages compensate you for any financial losses incurred as a direct result of your injury, such as loss of earnings, the cost of private treatment and medical aids.
According to our personal injury compensation calculator (based on the Judicial College guidelines), you could receive:
- Up to £44,840 for severe finger fractures.
- Up to £47,810 for a wrist injury causing permanent disability.
- Around £167,380 for the loss of one arm.
- Up to £196,450 for severe spinal cord injuries.
- Up to £493,000 for very severe brain injuries.
Is there a time limit to claim compensation for a digger accident?
Yes, there is typically a three-year time limit to make a personal injury claim, starting from the date of the accident. There are a few exceptions:
- For children, the claim limitation date does not begin to run until their 18th birthday.
- If the injured party cannot handle a claim due to a severe brain injury or another condition, the time limit is put on hold until their recovery (or permanently).
- For fatal accident claims, the three-year time limit begins from the date of death.
Can I make a No Win No Fee digger accident claim?
If you have a valid claim, your solicitor will offer to work under a no win no fee agreement, which means that:
- There are no upfront fees to start your claim.
- There is no financial risk, and you won’t lose a single penny if your claim fails.
- If you win your claim, your solicitor will deduct a success fee from your compensation award for their service (capped at 25%).
Will I have to go to court for a digger injury claim?
Most personal injury cases (over 96%) are settled without a trial through negotiations. That’s because it saves time and money, gives both parties control over the outcome, and settlements cannot be appealed.
However, you may need to go to court if:
- The defendant denies liability.
- You cannot agree on the amount of compensation.
- You want to apply for interim payments.
Your solicitor will aim to resolve the claim effectively and will prepare you thoroughly if going to court becomes necessary.
To find out if you can claim following a digger accident, call 0800 470 0474 today or request a call back. You will receive free advice regarding your legal options, with no obligation to proceed.
