Digger Accident Claims

Digger Accident Claims

Digger Accident Claims

Digger accidents are a reality in the construction business and it is your employer’s responsibility to ensure everyone is following the health and safety regulations. There are certain risks that must be accounted for whenever there is heavy machinery being used. You are eligible to receive compensation if you have been injured in a digger accident that wasn’t your fault.

What to do If You Are Involved in a Digger Accident
A digger accidents can be traumatic for the injured party. During these moments, it is important to try and keep a level head. You should immediately seek medical attention. Next, you need to start the evidence gathering process. Claim Solutions Scotland Ltd can do this for you if you are unable to. You will need witness statements and contact information. If CCTV camera footage is available, you should try to get a copy. You will want to make an entry in the accident logbook. Every construction company is required to keep an accident logbook to keep track of injuries. This book can be very helpful in proving your employer acted with negligence.

Digger Accidents – Your Employer’s Responsibilities
The Health and Safety Executive has set out numerous guidelines that must be followed whenever heavy machinery is in use and employers have a legal obligation to show a ‘duty of care’ to all employees and visitors of their business. Your employer is responsible for providing you with:

Personal Protective Equipment (PPE)
Personal protective equipment can be items such as helmets and gloves. In the case of bulldozers, this can extend to seat buckles and a roll cage. One very famous case of an employer failing to meet these safety standards occurred on 18 September 1997 at a Longhaugh Quarry in Dundee. In this incident, an unstable bulldozer rolled over killing the 54-year old driver, Frank Smith. The HSE inspection revealed that a roll cage and seat buckle would have saved the man’s life.

Safety Inspections and Training
Your employer is required to conduct regular safety inspections. They must also notify their employees of any dangers they may encounter. This will include proper safety and prevention training. Safety inspections should be conducted for onsite and off-site. These inspections should include all machinery and tools intended for use. Your employer is liable when faulty machinery is the cause of your accident.

The Proper Equipment
The right equipment has to be provided to employees prior to the commencement of work. Heavy machinery can tip over when it is not properly counter-balanced, or equipped, to handle the work load. You are eligible to receive compensation if you are injured because your employer asked you to complete a job using the wrong equipment. A Claim Specialist can help you to determine where your employer failed to meet their safety responsibilities.

Common Digger Accidents
Digger accidents can be severe and even fatal. The most common digger accidents are crush injuries. Crush injuries occur when someone is caught between heavy machinery and another object. This can result in crushed bones, internal injuries, and head injuries. Below are the most common reasons digger accidents occur in Great Britain:

  • Untrained Digger Operatives
  • Overloading Diggers
  • Unsafe Use
  • Falsified Training Documents by Operators
  • Unmaintained Machinery
  • Faulty Machinery

What If am Not Sure What Caused My Digger Accident?
Our expert team of claim specialist will examine the details of your accident and give you an honest and straightforward assessment. We will help you to gather the evidence you need to provide the Court adequate proof of your employer’s liability.

How Long Will It Take to Receive Compensation For My Digger Accidents?
You will receive compensation in less than three months when the other party doesn’t dispute the liability or the severity of your injuries. Insurers are known for disputing severe injuries, as it is one of the best ways for them to try to reduce the amount of money they pay out in claims every month. The more evidence you have to support your claim the quicker the claim’s process will go.

Can I be Fired For Lodging a Digger Accidents Claim Against My Employer?
Your rights as an employee are protected by the HSE and your employer cannot punish you for lodging a claim against them. Any good employer would want their employee to have access to the proper medical and recovery procedures needed to heal quickly. Remember, it is not your employer that pays your compensation; it is their insurer who pays your compensation. You should never feel awkward or wary of lodging a claim against your employer because they are required to have insurance for this exact reason.

How Long Do I have to Lodge a Claim?
You have three years from the date of your injury to lodge a claim with the Court. It is best to lodge your claim as soon as possible, so you have access to the most supportive evidence. Witnesses and other valuable evidence, such as video can be harder to acquire as time passes by. It is always best to try to gather this information as quickly as possible. Claim Solutions Scotland Ltd can gather this information for you and help you to lodge your claim in a timely manner.

Who Decides How Much Compensation to Award An Injured Party?
Claim Solutions Scotland Ltd will negotiate directly with your employer’s insurer to get you the compensation you are seeking. If these negotiates are fruitless then the court will reference the Judicial College Guidelines to help them ensure you are awarded fairly when compared to past claimants with similar injuries. The Court will look at your general and special damages prior to making their final decision. General damages are financial losses and special damages are non-economic losses. Below are some of the items you can claim damages for:

  1. General Damages – Property damages, medical bills, recovery costs, travel costs, missed wages, Lost employment
  2. Special Damages – Loss of mobility, lost quality of life, pain and suffering, mental anguish, emotional distress.

Conditional Fee Agreements – (CFA)
CFAs are also known as ‘No Win No Fee’ agreements. Claims Solutions Scotland Ltd will waive our fees if you are not awarded compensation for your injuries.

Start Your Claim
Contact us today to start the claims process

Digger Accident Claims

Digger accidents are a reality in the construction business and it is your employer’s responsibility to ensure everyone is following the health and safety regulations. There are certain risks that must be accounted for whenever there is heavy machinery being used. You are eligible to receive compensation if you have been injured in a digger accident that wasn’t your fault.

What to do If You Are Involved in a Digger Accident
A digger accidents can be traumatic for the injured party. During these moments, it is important to try and keep a level head. You should immediately seek medical attention. Next, you need to start the evidence gathering process. Claim Solutions Scotland Ltd can do this for you if you are unable to. You will need witness statements and contact information. If CCTV camera footage is available, you should try to get a copy. You will want to make an entry in the accident logbook. Every construction company is required to keep an accident logbook to keep track of injuries. This book can be very helpful in proving your employer acted with negligence.

Digger Accidents – Your Employer’s Responsibilities
The Health and Safety Executive has set out numerous guidelines that must be followed whenever heavy machinery is in use and employers have a legal obligation to show a ‘duty of care’ to all employees and visitors of their business. Your employer is responsible for providing you with:

Personal Protective Equipment (PPE)
Personal protective equipment can be items such as helmets and gloves. In the case of bulldozers, this can extend to seat buckles and a roll cage. One very famous case of an employer failing to meet these safety standards occurred on 18 September 1997 at a Longhaugh Quarry in Dundee. In this incident, an unstable bulldozer rolled over killing the 54-year old driver, Frank Smith. The HSE inspection revealed that a roll cage and seat buckle would have saved the man’s life.

Safety Inspections and Training
Your employer is required to conduct regular safety inspections. They must also notify their employees of any dangers they may encounter. This will include proper safety and prevention training. Safety inspections should be conducted for onsite and off-site. These inspections should include all machinery and tools intended for use. Your employer is liable when faulty machinery is the cause of your accident.

The Proper Equipment
The right equipment has to be provided to employees prior to the commencement of work. Heavy machinery can tip over when it is not properly counter-balanced, or equipped, to handle the work load. You are eligible to receive compensation if you are injured because your employer asked you to complete a job using the wrong equipment. A Claim Specialist can help you to determine where your employer failed to meet their safety responsibilities.

Common Digger Accidents
Digger accidents can be severe and even fatal. The most common digger accidents are crush injuries. Crush injuries occur when someone is caught between heavy machinery and another object. This can result in crushed bones, internal injuries, and head injuries. Below are the most common reasons digger accidents occur in Great Britain:

  • Untrained Digger Operatives
  • Overloading Diggers
  • Unsafe Use
  • Falsified Training Documents by Operators
  • Unmaintained Machinery
  • Faulty Machinery

What If am Not Sure What Caused My Digger Accident?
Our expert team of claim specialist will examine the details of your accident and give you an honest and straightforward assessment. We will help you to gather the evidence you need to provide the Court adequate proof of your employer’s liability.

How Long Will It Take to Receive Compensation For My Digger Accidents?
You will receive compensation in less than three months when the other party doesn’t dispute the liability or the severity of your injuries. Insurers are known for disputing severe injuries, as it is one of the best ways for them to try to reduce the amount of money they pay out in claims every month. The more evidence you have to support your claim the quicker the claim’s process will go.

Can I be Fired For Lodging a Digger Accidents Claim Against My Employer?
Your rights as an employee are protected by the HSE and your employer cannot punish you for lodging a claim against them. Any good employer would want their employee to have access to the proper medical and recovery procedures needed to heal quickly. Remember, it is not your employer that pays your compensation; it is their insurer who pays your compensation. You should never feel awkward or wary of lodging a claim against your employer because they are required to have insurance for this exact reason.

How Long Do I have to Lodge a Claim?
You have three years from the date of your injury to lodge a claim with the Court. It is best to lodge your claim as soon as possible, so you have access to the most supportive evidence. Witnesses and other valuable evidence, such as video can be harder to acquire as time passes by. It is always best to try to gather this information as quickly as possible. Claim Solutions Scotland Ltd can gather this information for you and help you to lodge your claim in a timely manner.

Who Decides How Much Compensation to Award An Injured Party?
Claim Solutions Scotland Ltd will negotiate directly with your employer’s insurer to get you the compensation you are seeking. If these negotiates are fruitless then the court will reference the Judicial College Guidelines to help them ensure you are awarded fairly when compared to past claimants with similar injuries. The Court will look at your general and special damages prior to making their final decision. General damages are financial losses and special damages are non-economic losses. Below are some of the items you can claim damages for:

  1. General Damages – Property damages, medical bills, recovery costs, travel costs, missed wages, Lost employment
  2. Special Damages – Loss of mobility, lost quality of life, pain and suffering, mental anguish, emotional distress.

Conditional Fee Agreements – (CFA)
CFAs are also known as ‘No Win No Fee’ agreements. Claims Solutions Scotland Ltd will waive our fees if you are not awarded compensation for your injuries.

Start Your Claim
Contact us today to start the claims process