Gardening Accident Claims

Gardening accident claims can involve serious injuries that can require expensive medical treatment. According to the Royal Society for the Prevention of Accidents (RoSPA), approximately 87,000 people a year are hospitalised because of injuries sustained in gardening accidents across the UK. Gardening can be hazardous because of the use of chemicals, working from heights, manual lifting, and heavy machinery. All of these factors combine to create a heightened potential for harm. You are eligible to receive compensation for your injuries if they were the result of another party’s negligent behaviour.

Common Gardening Accidents
According to the Health and Safety Executive (HSE), tree surgeons have the highest level of risk with over 4,000 reported injuries between 2000/13. Tree surgeons must use high-powered cutting tools while working from heights. Loose tree limbs can create an additional hazard to anyone below.

You don’t need to be climbing trees to be exposed to risks while doing gardening work. Everyday gardening tools can cause severe injuries including

lacerations and amputations. Your employer must ensure you have the training necessary to operate the gardening tools you are expected to use. HSE regulations state that your employer must supervise your work to ensure you are following the proper safety guidelines. This supervision must include providing you with the correct tools for the tasks at hand. A failure to meet these requirements can be viewed as negligence on the part of your employer.

Dangerous machinery and tools are prevalent in the gardening industry and proper care must be taken when handling these tools. According to the last RoSPA statistics, lawn mowers are responsible for the most gardening accidents in the UK. The same report showed that flowerpots were the next most dangerous gardening tool followed by hedge-trimmers. Dangerous machines can cause cuts and lacerations if not used properly. Below are the most dangerous gardening tools:

Falls from Heights
There are inherent risks when working from heights. Ladders and scaffolding have to be maintained to ensure they are functioning properly. According to HSE statistics, the majority of ladder accidents occur due to misuse. Leaning and standing on the top step are the most common causes of ladder accidents.

The Work at Height Regulations dictate the proper safety guidelines that must be followed when using cherry pickers, scaffolding, harness systems, and rigging. These guidelines dictate that employers must not expose their employees to unnecessary risk and that the Proper Protective Equipment (PPE).

Chemical Accidents
Gardening work can require the use of hazardous chemicals such as lawn treatments and insecticides and exposure to these chemicals can cause serious burns and respiratory illnesses. Asbestos is the leading killer in the UK, with asbestos exposure being directly responsible for the deaths of approximately 13,000 people per year. To prevent injury your employer must provide you with PPE such as gloves, goggles, and breathing apparatus. You are eligible to receive compensation if you have been exposed to hazardous chemicals because your employer failed to meet the safety guidelines set in place by the HSE. Claim Solutions Scotland Ltd can help you!

Manual Handling Accidents
Employees can experience back and neck pains from moving heavy items around the gardening space. It is your employer’s responsibility to train you on the proper lifting techniques to follow as well as provide you with the PPE required to reduce the stress to your body. Manual handling injuries can form over time from repetitive movements. These injuries can be especially dangerous, as they may not show any symptoms for months. Vibrating machines can be harmful if used for extended times. Employers should provide anti-vibration gloves and other protective equipment to ensure you are not exposed to this hazard unnecessarily. Claim Solutions Scotland Ltd can help you to determine if your injuries are the result of negligent behaviour on the part of your employer.

Loud Noises
Exposure to loud noises can cause lifelong hearing damage, tinnitus, and noise-induced hearing loss. Noise reducing protective equipment must be worn when operating loud machinery to prevent internal hearing damage. Your employer must provide you with this PPE per the guidelines set in place by the HSE.

How Long Will It Take to Receive Compensation for My Gardening Accident?
​Compensation can be awarded in less than three months when the party at fault does not dispute your claim. Severe injuries are often disputed as they result in large losses for the insurance company. Your employer’s insurer is going to do everything in their power to try to limit the amount of loss their shareholders are exposed to. Claim Solutions Scotland Ltd can work on your behalf to gather the evidence you need to proceed with your claim in the most effective manner possible.

How Much Compensation Can I Receive for a Gardening Accident?
Claim Solutions Scotland Ltd will negotiate with your employer’s insurer to determine you compensation level. If no agreement can be made then your compensation amount is determined by the court after examining the circumstances of your accident. The Court will look at the cause of your accident, the amount of losses you incurred, and how much negligence the liable party showed. The Judicial College Guidelines will be referenced to ensure you are receiving compensation that is in-line with other claims paid out to previous claimants.

How Long Do I Have To Lodge a Gardening Accident Claim?
The law states you must lodge your claim within three years of the date of your accident. Claims that are lodged sooner can be more effective as they have the greatest access to supporting evidence. When you wait to lodge your claim, you run the risk of losing contact with valuable witnesses that can help to validate your claim. Claim Solutions Scotland Ltd can guide you through the claims process and help you successfully lodge your claim.

How Claim Solutions Scotland Ltd can Help You
A claim specialist can give you the advantage when dealing with the greedy insurance companies. Our expert team can keep you up-to-date on all the relevant information regarding your claim and help you to achieve you compensation goals

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