There are various types and degrees of crush injury, many of which occur in the workplace. Depending on the location of the injury, the impact on the life of the victim can be extremely serious, sometimes preventing them from taking part in many of their pre-accident activities, including working.
In this article we explain what is meant by the term “crush injury” and set out the circumstances in which a claim for compensation can be made.
What is a Crush Injury?
A crush injury is an injury that is caused by pressure from a single heavy object against a part of the body or by a part of the body being squeezed between two hard objects. Crush injuries can result in bleeding, bruising, fractures, lacerations, obstructed blood supply or muscle breakdown. Minor crush injuries include fingers being trapped in a door or crushed in a piece of machinery. More serious crush injuries often involve motor vehicles and can cause serious internal injuries, severe trauma, amputation and even fatality. Crush injuries very frequently happen to the hands, because of our dependence on their use in the workplace or the feet, as a consequence of heavy objects being dropped onto them.
Can I claim compensation for a crush injury?
Crush injuries are identical to other injuries in the context of whether you are entitled to claim compensation. That means that it is necessary to prove that the injury was caused wholly or partly by the negligence of a third party. There are various circumstances in which crush injuries can happen. Where an accident that causes a crush injury takes place in the workplace, it might involve unguarded or unfenced machinery, a breach of Health and Safety Regulations, an employer failing to provide the workers with the correct protective equipment or the negligence of another member of the workforce. In all of those circumstances, it is likely that a claim for compensation will be possible. Crush injuries also frequently occur as a result of a road traffic accident.
Personal Injury Claims
If you were injured as the driver or passenger of a vehicle or as a pedestrian and you are able to show that the accident was caused by the negligence of another driver, once again it is likely that you will be able to claim compensation. The key to all crush injury compensation claims is being able to prove that someone else was to blame. If the crush injury was caused entirely through your own carelessness or negligence you will not be able to make a claim. It should also be stressed that a compensation claim must be brought within three years of the accident or incident that caused the crush injury. Failure to do so will result in the claim becoming statute barred. It is essential, therefore, that a claim is made within this time frame. Crush injury compensation claims can be complex, as can the calculation of the amount of compensation that you are entitled to. It is advisable, therefore, to consult an experienced personal injury solicitor who will be able to advise you on the merits of your claim and the level of damages that you can expect to be awarded.