Crush injury claims

Frequently asked questions

• What are the common causes of crush injuries?

  Crush injuries can occur in a wide range of settings, often as a result of accidents involving heavy machinery, vehicles, or falling objects. Some of the most common causes include:

  Road traffic accidents

  Crush injuries in road traffic accidents commonly happen when a person is trapped between vehicles or crushed inside a damaged vehicle after a collision. Negligence can be proven if the accident resulted from reckless or distracted driving, speeding, driving under the influence of alcohol or drugs, or failure to obey traffic regulations.

  Workplace accidents

  The most common cause of crush injuries is workplace accidents, especially in industries like construction, manufacturing, and agriculture. These accidents involve heavy equipment, moving machinery, and objects that may fall. Common workplace injuries involve the following:

  • Heavy machinery. Workers operating or working near heavy machinery are at risk of crush injuries when trapped under equipment. Employers may be negligent if machinery lacks proper safety guards, is poorly maintained, or if staff are inadequately trained.
  • Moving Machinery. Moving machinery, such as conveyor belts, can cause crush injuries when limbs or clothing get caught. Negligence arises when employers fail to implement adequate safety measures, such as emergency stops, guards, or fail to provide sufficient training.
  • Manual Handling. Crush injuries can also occur during manual handling if heavy objects are dropped or pin a worker against a surface. Negligence is shown if employers fail to follow health and safety regulations, including providing lifting equipment or proper training.

  Falling objects

  Crush injuries caused by falling objects typically happen when heavy items fall from height and land on a person. Negligence can be shown if there was poor maintenance of structures or insufficient safety measures such as barriers or protective equipment.

  Overcrowding

  A crush injury can occur in overcrowded venues such as arenas or stadiums. These injuries often happen when crowd control measures are inadequate and a surge causes individuals to be tightly compressed against each other, barriers, or fixed structures like walls and railings. A failure to manage the crowd safely or ignoring the known risks may amount to negligence on the venue/organiser's parts.

• How long do you have to start a crush injury claim?

  When making a crush injury claim, you will typically have three years from the date of your injury (or when you first became aware that your injury was a result of someone else's negligence). Exceptions to this time frame may apply for those under the age of 18 or individuals who lack mental capacity under the Mental Capacity Act 2005.

• Can I make a crush injury claim on a ‘no win, no fee’ basis?

  The answer is usually yes. As long as your case has reasonable prospects of success (51%). If you are unsure whether you are eligible for a ‘no win, no fee’ claim, then get in touch with our team of expert lawyers, who can talk you through your available options.

• Who do I bring a crush injury claim against?

  You typically bring a crush injury claim against the party responsible for your injury. This could be an employer (for a workplace accident), a property owner (for unsafe premises), or another driver (in the case of a road traffic accident). Shoosmiths can help identify the liable party and guide you through the claims process.

• How much could you receive for a crush injury claim?

  The amount of compensation you could receive for a crush injury claim depends on several factors that will vary from case to case. The claim will consider the impact your injury has had on your ability to work and any loss of earnings, rehabilitation and medical expenses, adaptations required to your home life, and any additional care and support you need for specialist aids and equipment.