Crush Injury Claims

A crush injury occurs when a part of the body is subjected to a high degree of force or pressure. This type of injury most often happens when a body part is squeezed between two heavy objects, which can cause severe damage to the soft tissues and even the bones.

Common causes of crush injuries include road traffic accidents, building collapses, being struck by a falling item and workplace accidents involving heavy machinery or equipment. No matter how you suffered the injury, if another party was at least partially responsible, you might be eligible to make a crush injury claim for compensation. The claim will include your pain, suffering, loss of amenity, and any related financial losses.

To find out if your case has merit, contact us by calling 0800 470 0474 or using our online claim form. You will receive a free consultation with an experienced legal adviser who will answer all your questions and patiently guide you through the claims process.

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Table of Contents

• What is a crush injury?
• Signs and symptoms of crush injuries
• Treatment of crush injuries
• Potential complications and long-term effects of crush trauma
• Am I eligible to make a crush injury claim?
• Evidence needed to support a personal injury claim
• What accidents could lead to a crush injury compensation claim?
• Can I claim compensation for a crush injury at work?
• Could I lose my job if I make a claim against my employer?
• Can I make a claim on behalf of a loved one?
• Am I entitled to compensation if I lost a loved one due to a crush injury?
• What is the time limit to make a crush injury compensation claim?
• How much compensation could my crush injury claim be worth?
• How long will my claim for crush injury compensation take to settle?
• Will a personal injury solicitor offer me a No Win No Fee claim?

What is a crush injury?

A crush injury is an injury caused by prolonged compression of a body part, typically from being caught between two heavy objects. Depending on the duration, force, and pressure applied, crush injuries can range from minor to severe. They can cause superficial damage such as bruising, mild swelling, and minor lacerations or serious injuries that need amputation and can be life-threatening. They can affect any part of the body, including:

• The skull – a skull crush can be due to a heavy object falling on the head or from car accidents and can result in severe damage to the brain;
• The limbs – crushed arms, hands, legs, fingers or feet are commonly due to being caught in heavy machinery at work and can result in nerve damage or amputations;
• The chest – a crushed chest can be due to building collapses, machinery accidents or vehicle crashes and can cause heart injuries, lung damage, and broken ribs;
• The abdomen – falling objects, heavy machinery, or road accidents can cause crush injuries to the abdomen and damage to vital organs such as the liver, kidneys and intestines.

Crush injuries can be severe and have profound effects on different parts of the body. They often require immediate medical intervention and can have serious long-term complications.

Signs and symptoms of crush injuries

Crush injuries can vary in severity depending on the degree of force and the body parts involved. Some common signs and symptoms include:

• Pain at the injury site, ranging from mild to severe
• Tenderness to touch over the injured site
• Swelling and bruising due to inflammation and broken blood vessels
• Open wounds, lacerations and bleeding, sometimes with bone protrusion
• Decreased range of motion or difficulty bearing weight due to swelling or structural damage
• Visible deformity or misalignment of bones or joints
• Numbness, tingling, or loss of sensation in the injured area, indicating nerve damage
• Weakness, inability to move or complete paralysis, particularly if the spinal cord is injured
• Signs of shock, such as pale, clammy skin, rapid heartbeat, and shallow breathing

If you have suffered a crush injury, you should seek medical care immediately, even if the damage does not seem severe. That will ensure your injury is properly diagnosed and treated to prevent further damage and ensure you make the best recovery possible. If you decide to seek crush injury compensation, your medical records will be essential to support your claim.

Treatment of crush injuries

The treatment of crush injuries depends on their severity and the affected body part. Prompt and appropriate care is essential to minimise complications and improve recovery, especially in case of severe crush injuries. The medical staff may:

• Offer immediate first aid to stabilise vital signs, stop any bleeding and immobilise the injured area to prevent further damage;
• Give you pain medication such as nonsteroidal anti-inflammatory drugs (NSAIDs) or intravenous opioids, depending on the severity of your injury;
• Clean the wound and apply dressings or bandages to reduce the risk of infection and promote healing;
• Use a splint or cast to immobilise a fractured or dislocated bone to prevent further injury;
• Perform surgery in case of complex fractures, compartment syndrome or internal injuries;
• Suggest physical therapy to restore mobility, strength and function after the initial phase of recovery.

Potential complications and long-term effects of crush trauma

Crush injuries can lead to several potential complications, which include:

• Compartment syndrome occurs when increased pressure within a muscle compartment restricts blood flow, resulting in nerve damage and irreversible muscle cell death;
• Crush syndrome refers to the systemic effects of a crush injury to the muscles, which may cause kidney failure and can be potentially life-threatening;
• Infections can be due to open wounds and include cellulitis, bone infections or sepsis;
• Hypovolemic shock can occur when there is severe blood loss and can result in organ damage, multiple organ failure and death;
• Avulsions or degloving refer to the forcible tearing away of tissue, such as skin, muscles, or tendons, from the body following a traumatic crush injury;
• Amputations involve the partial or complete removal of a limb or body part due to severe crush trauma and irreparable tissue damage.

Crush injuries can be life-changing injuries that can have various long-term effects, such as:

• Ongoing pain, stiffness, or weakness in the affected area;
• Chronic musculoskeletal conditions such as osteoarthritis or complex regional pain syndrome (CRPS);
• Loss of mobility, sensation or dexterity, which can impact your ability to perform daily activities or return to work;
• Vascular problems such as reduced blood flow due to injuries to blood vessels;
• Increased risk of complications such as tissue necrosis, delayed wound healing, or limb ischemia;
• Reduced self-esteem or social isolation due to scarring or disfigurement;
• Anxiety, depression or post-traumatic stress disorder (PTSD);
• Overall, they can significantly impact your quality of life, independence and well-being.

If you make a successful crush injury compensation claim, your settlement will cover all the complications and long-term suffering caused by the accident.

Am I eligible to make a crush injury claim?

If you’ve suffered a crush injury in an accident, a specialist personal injury solicitor could help you claim compensation for your pain, suffering and other related losses. Before taking on your case, they will ask you a few questions about your accident to determine whether:

• Another party, which will be the defendant in your claim, owed you a duty of care legally;
• They breached their duty through an act of negligence or wrongdoing;
• Their negligence caused an accident to happen;
• You suffered a crush injury due to that accident within the last three years.

Your solicitor will establish a duty of care based on legislation relevant to your accident. According to your circumstances, this could be the Road Traffic Act 1988, the Occupiers Liability Act 1957 or the Health and Safety at Work Act 1974. After identifying the liable party, your solicitor will send them a letter of claim to inform them of your intentions and the compensation you seek for your damages.

The other side has four months to investigate your claim and admit or deny liability. If liability is accepted, you can begin to negotiate your settlement. Otherwise, your solicitor will issue court proceedings and be ready to argue your case before a judge.

It is essential to remember that, in many cases, you will still be entitled to crush injury compensation even if you were partially at fault for your harm, such as not wearing a seatbelt during a car accident. If the other side can establish contributory negligence on your part, you will receive a reduced payment to reflect your part of the blame.

Evidence needed to support a personal injury claim

If you are entitled to compensation for a crush injury, your solicitor will help you gather all the evidence you need to start your claim. That must show how and why the accident occurred, your injuries, and how they have affected your daily life. The types of proof you could use include:

• Visual evidence. Before anything is moved or repaired, take photographs or a video of the accident scene that shows hazardous conditions or factors contributing to the injury. It would also be best to take pictures of the injuries sustained immediately after the incident and during recovery.
• CCTV footage. If available, video recordings from surveillance cameras or dashcams can clearly show the events leading to the injury.
• Medical records. Your medical records will be essential to prove the injury diagnosis, treatments received, and recovery prospects. These can include diagnostic tests such as X-rays, surgical reports and doctor’s notes.
• Expert testimony. Your solicitor may also arrange for you to have a free medical exam with an independent specialist. They will validate the extent of your injuries and their potential long-term impact on your health and abilities.
• Witness statements. If anyone saw how your accident occurred, you should ask for their names and contact details. If liability is denied, their testimony can corroborate the events leading to the injury.
• Employment records. These will help prove the time you could not work due to your accident, lost wages and any modifications made to accommodate your injury.
• Accident reports. If you sustained a crush injury at work or in a public place, you should immediately report it to the responsible party. Make sure they log it into the company’s accident book and ask for a signed copy of the report to prove the date and location of your accident.
• Your testimony. Keep a journal documenting how the injury has affected your daily life, activities, and overall well-being. Take note of your recovery process, pain levels, and any work days or events you had to miss as a result.
• Financial evidence. You need proof such as receipts, invoices and payslips to quantify the economic losses incurred due to your accident.

To get started with your claim for crush injury compensation, call 0800 470 0474 today or use our online claim form to request a call back. An expert solicitor will evaluate the proof you have already collected and help you gather anything else you might need.

What accidents could lead to a crush injury compensation claim?

Crush injuries are usually caused by several types of accidents, which include:

• Workplace accidents. Crush injuries at work can result from various incidents, such as being hit by falling objects, forklifts overturning, or being caught between moving parts of machinery.
• Road traffic accidents. Unfortunately, road traffic accidents are common, and they can affect any road user, including drivers, passengers, pedestrians and cyclists. Crush injuries from road crashes can be severe and cause life-threatening trauma to the chest, head or abdomen.
• Accidents in public. Collapses of public structures such as bridges or buildings can trap people underneath debris, resulting in severe crush injuries. Being hit by a falling fixture or sign in a shop or restaurant can also lead to severe injuries for which you can claim compensation.
• Trampling. Overcrowding at concerts, sporting events, festivals or other public gatherings can lead to people being pushed or trampled by the crowd. This can result in people being crushed against barriers, pavements, or each other.
• Public transport accidents. Injuries can also occur in accidents involving buses, trains, or trams if passengers are crushed against seats, walls or other passengers.
• Sports accidents. You can sustain crush injuries in contact sports or activities involving heavy equipment if you are struck forcefully by another player or heavy object.
• Military accidents. In military settings, crush injuries can result from explosions, building collapses, or accidents involving heavy machinery or equipment. Injured individuals can make a claim under civil law or through the Armed Forces Compensation Scheme (AFCS).
• Violent crimes. During violent crimes such as assaults with a weapon, you may sustain crush injuries from blunt force trauma or being pinned or crushed by the attacker. This can lead to severe crush injuries to the head, chest, or limbs.

This list is not exhaustive, and other accidents can potentially lead to a successful crush injury claim and compensation for your pain and suffering.

Can I claim compensation for a crush injury at work?

If you were injured following an accident at work that wasn’t your fault, you could make a claim against your employer. To assess the merits of your case, an experienced personal injury lawyer will refer to the Health and Safety at Work Act 1974 and other workplace legislation. Under these laws, your employer must take all reasonable measures to prevent crush injuries and other accidents at work, such as:

• Carry out risk assessments regularly;
• Take measures to eliminate or mitigate the identified risks of injury;
• Provide a safe working environment that is free of slip, trip and fall hazards;
• Make sure all equipment and machinery are safe and regularly maintained;
• Ensure safety signs are adequately displayed to warn of potential dangers;
• Train staff adequately on manual handling, the use of machinery and health and safety policies;
• When necessary, provide free personal protective equipment (PPE) that is fit for the individual;
• Ensure all employees know how to use and maintain the PPE correctly;
• Establish emergency procedures to respond to crush injuries and other accidents in the workplace;
• Provide employees with ongoing supervision and guidance to ensure safe working practices are followed.

By fulfilling these duties, employers can help prevent crush injuries and promote a safer workplace for all employees. A failure to do so can result in a successful crush injury compensation claim.

Could I lose my job if I make a claim against my employer?

If you suffer an injury at work due to your employer’s negligence, you are legally entitled to make an accident at work claim. Taking legal action should in no way affect your job or your relationship with your employer. All employers must hold Employer’s Liability (EL) insurance, which will pay the compensation if an employee is injured or becomes ill due to their job. If you make a successful claim, this insurance will cover your damages, and your employer will not be left out of pocket.

Furthermore, there are laws that protect you from unfair dismissal and any other form of retaliation if you make a claim for a workplace accident. Your employer cannot legally sack you, demote you, bully you or make any unreasonable changes to your work schedule because of your claim. If they do so, a specialist lawyer can help you make a further claim at an employment tribunal.

Based on your circumstances, the tribunal may order your employer to reinstate you, compensate you, or take any other corrective measures it sees fit. Keep in mind that you have three months to make an unfair dismissal claim after being sacked.

Can I make a claim on behalf of a loved one?

Yes. You could make a crush injury claim on behalf of your loved one if they are a child under 18 or an adult who is considered a protected party under the Mental Capacity Act 2005, which means they could suffer from:

• A brain injury or stroke
• Severe sleep deprivation
• Post-traumatic stress disorder (PTSD)
• An intellectual disability such as autism
• A mental health condition like schizophrenia
• A neurodegenerative condition like Alzheimer’s

To claim for a loved one, you must fill in and file an application with the court, proving that you have no conflict of interest with them and you are fit to conduct legal proceedings. If the court approves it, you will be named as their litigation friend and will have several responsibilities, such as:

• Approve and sign legal documents
• Make decisions about the case that are in your loved one’s best interests
• Help gather supporting evidence
• Ensure your loved one attends all medical appointments
• Pay any fees requested by the court
• Consider any crush injury compensation offers from the defendant

If you win compensation for a child or protected party, the awarded payment must typically be approved by a judge. They will examine the available evidence and decide whether the settlement is fair and covers your loved one’s needs.

Am I entitled to compensation if I lost a loved one due to a crush injury?

If a loved one passed away due to a crush injury that was someone else’s fault, you might be entitled to make a claim for compensation. Under the Fatal Accidents Act 1976, any dependent of the deceased can seek compensation, including:

• Spouses and former spouses
• Civil partners and former civil partners
• Anyone living with them as a spouse or civil partner for at least two years
• Parents and other ascendants and anyone treated as a parent
• Children and other descendants and anyone treated as a child
• Siblings, aunts and uncles

A dependency claim could include the following:

• The financial benefits expected from the deceased, such as lost income, pensions, bonuses, investments or healthcare benefits;
• The loss of services your loved one used to provide, which can include childcare, DIY projects, gardening, property maintenance and other household chores;
• The financial losses incurred by the deceased after the injury, such as medical treatments, lost wages and care costs;
• Funeral expenses like the headstone, wreaths and embalming of the body, but you may not be able to claim for the cost of funeral clothes or the memorial service;
• You might also be entitled to a bereavement award of £15,120 for the grief and suffering caused to you by the loss of your loved one.

If you want to make an injury claim following the loss of a loved one, do not hesitate to call 0800 470 0474 for a free consultation with an experienced personal injury legal adviser.

What is the time limit to make a crush injury compensation claim?

The time limit to claim compensation for a crush injury is typically three years after your accident. This is established by the Limitation Act 1980 and cannot be exceeded, or your case will be statute-barred and no longer valid. There are a few exceptions to this rule:

• A parent or legal guardian can make a child injury claim at any time before the child’s 18th birthday, regardless of the date of the accident.
• If the injured party can’t handle a claim due to their injuries or a pre-existing condition such as Down syndrome, the time limit is suspended. A litigation friend could claim on their behalf at any time.
• You have two years to claim for your injuries through the CICA if you were the victim of an assault or another violent crime.
• The AFCS imposes a seven-year time limit to secure compensation after suffering a crush injury in the military.
• If you were injured abroad, you may also be able to claim compensation, but the time limit to start a claim could depend on the foreign country’s laws and may be shorter than three years.
• If you lost a loved one due to a crush injury, you have three years to make a compensation claim after their death.

No matter what limitation date applies to your case, it is best to seek legal advice as soon as possible. This way, it will be easier for your lawyer to talk to witnesses and collect the necessary evidence to build a strong crush injury claim and secure compensation.

How much compensation could my crush injury claim be worth?

Every claim is unique, and the amount of compensation you could get will largely depend on the type of crush injury you suffered and how it has affected your life. Your crush injury compensation claim will include two different types of damages resulting from the accident:

General damages refer to the compensation awarded for non-monetary losses that are difficult to quantify. These address the impact of the injury on your quality of life and may include:

• Physical pain and suffering
• Any psychological effects, such as anxiety or PTSD
• Loss of enjoyment of life
• Scarring and disfigurement
• Inability to participate in activities or hobbies you enjoyed before the injury
• Reduced quality of life or life expectancy

Special damages refer to the compensation awarded for monetary losses that can be listed and calculated based on evidence, such as receipts and invoices. These may include:

• Loss of earnings during recovery and future earning capacity
• The cost of private medical treatments and rehabilitation
• Travel costs incurred for medical visits and treatments
• The cost of care provided by friends, family or professional caregivers
• Modifications to your home or vehicle to accommodate a disability
• The cost of medical aids and equipment, such as prostheses or crutches
• Replacing clothes or other personal items damaged in the accident

Please refer to our compensation calculator to find out more about the level of compensation you may be able to claim based on the harm you suffered.

How long will my claim for crush injury compensation take to settle?

Each crush injury claim is different, and the time it may take to receive compensation will depend on your circumstances. For example, if you were injured in a straightforward road accident and can start your claim online through the Ministry of Justice Claims Portal, your case could be settled within a few months. On the other hand, if you suffered severe injuries and your case is more complex, it can take several years to resolve.

The main factors that will determine how fast a claim may be settled include:

• The type of accident in which you sustained your injury. That could be a straightforward rear-end car collision or a complex workplace accident involving multiple parties and regulations;
• The severity of your injury. The more severe your injuries, the longer it will take to recover and assess their potential long-term impacts;
• The time it takes to gather evidence. If medical records, witness statements, or expert opinions take a long time to gather, a claim can take significantly longer to resolve;
• Whether you know the defendant’s identity. If you have to make a claim through the CICA or the MIB, both have their designated timelines to conduct investigations and determine the merits of your case, which can prolong its duration;
• Liability disputes. If the other side denies liability for your accident, you may need to go to court, which can take significantly longer;
• The negotiation process. Both parties can make multiple offers and counteroffers until they agree on an amount that reflects the injury’s impact on your life;
• Whether your case proceeds to court. If you cannot settle and your case goes to court, receiving your compensation can take significantly longer.

Will a personal injury solicitor offer me a No Win No Fee claim?

If your case has merit, your solicitor will help you make a crush injury compensation claim on a no win no fee basis. That means they will work hard to get you the compensation you deserve without asking for an upfront payment. This service gives everybody access to legal representation and justice, regardless of their financial situation.

Under this agreement, you only pay your solicitor if your claim is successful and you are awarded compensation. In this case, they will receive a fee for the risk they took by offering you a no win no fee service. This is commonly known as a success fee and is capped at 25% of your award for general damages and past economic losses. If your case doesn’t succeed, you will not be required to pay any fees, ensuring there is no financial risk associated with pursuing crush injury compensation.

Another essential component of this agreement is the After the Event (ATE) insurance. This is a type of legal expenses insurance that your solicitor will take on your behalf and that will cover your costs and disbursements if you lose the claim, including:

• Police and medical reports
• Court and counsel fees
• The cost of printing and copying documents
• Paralegal and other staff time
• Barrister fees if the case goes to court
• The defendant’s solicitors and expenses

The ATE premium is only payable if you win the case, further ensuring you will not be left out of pocket if your claim is unsuccessful.

To find out if you qualify for a no win no fee claim, call 0800 470 0474 or enter your details into our online claim form. You will receive a free consultation with a legal adviser who will assess your case and answer all your questions about the crush injury claim process.