Crush injuries can be very painful, cause serious injuries and take a very long time to heal. As well as smashing bones to pieces, crush injuries can cause damage to your ligaments, tendons, muscles and internal organs. Importantly, if you’ve suffered a crush injury in an accident that wasn’t your fault, you may wish to seek compensation to help you recover from your injuries as best you can. This guide to the process of making a crush injury claim will explain how to do so and how much compensation could be paid for some crush injuries.
If you believe you should be compensated for a crush injury, call our team for free legal advice about your next steps. We’ll review your claim with you and could partner you with one of our personal injury solicitors. There’s no obligation to make a claim but you’ll be represented on a No Win No Fee basis if your claim is accepted. That means you could make a crush injury compensation claim without paying legal fees upfront.
You can learn more about claiming compensation for crush injuries throughout the rest of this guide. If you have any questions whilst reading, please call us on 0800 6524 881.
Table of contents
- What Is A Crush Injury?
- Am I Eligible To Make A Crush Injury Compensation Claim?
- Common Crush Injury Compensation Claims
- How Much Compensation Will I Get For A Crush Injury Claim?
- What Evidence Would I Need To Support A Crush Injury Claim?
- What Is The Time Limit For Claiming Crush Injury Compensation?
- How Long Does A Crush Injury Claim Take To Settle?
- Starting The Crush Injury Claims Process
Crush injuries can occur when a body part is trapped and squeezed between two hard objects or when something falls onto you suddenly. Common examples of crush injuries include:
- Crushed arms, hands and fingers – Commonly from accidents in the workplace, especially in industries involving heavy machinery.
- Crushed chest – A crushed chest commonly causes injuries such as rib fractures, lung contusions, and damage to the heart and other internal organs.
- Crushed skulls – Typically from car accidents, falls, and other accidents where the head is crushed, resulting in skull fractures, brain swelling, and other serious complications.
- Crushed legs, toes and feet – Commonly in industries where heavy objects are moved around or dropped, such as on building sites and in factory accidents.
- Crushed hips or pelvis – Pedestrians hit by a car, falls from height and industrial accidents are common causes of a crushed pelvis or hips.
If you’ve suffered any type of crush injury and believe somebody else’s negligence was the reason, please contact us to discuss your options.
If you fracture a bone, damaged a nerve or tear a tendon during an accident, your injury may heal naturally or be healed following surgery. However, because of the nature of some crush injuries, complications may arise including:
- Hypovolemic shock – this can occur when there is extensive bleeding (internally or externally) and can lead to organ failure.
- Avulsions – these are where the top layers of skin are torn away from underlying tissue following a traumatic injury. Avulsion injuries are sometimes referred to as degloving.
- Amputations – crush injuries can lead to amputations if the damage is too extensive to be repaired surgically. This can lead to mental health claims as well as physical disability.
- Compartment syndrome – where pressure restricts blood flow to a group of muscles and nerves. This can be painful and cause muscle damage.
- Hyperkalemia – following nerve damage caused by a severe crush injury, potassium levels can become dangerously high and could lead to a heart attack.
If you’ve suffered any form of crush injury, you should seek medical advice so that any potential complications are dealt with as soon as possible.
Our personal injury solicitors will try to help with crush injury compensation claims where there is a fair chance of success. Therefore, before agreeing to help you claim, they will check whether:
- The party you’re claiming against (the defendant) owed you a duty of care; and
- Whether an accident occurred because the defendant was negligent; and
- You sustained a crush injury during the accident.
Legally, a duty of care is usually established by a piece of legislation. Generally, you’ll be owed a duty of care whilst on a company’s premises, in a public place, at work or on a road. If you contact one of our specialists, they’ll check this for you so you don’t need to be too worried about which law is relevant to your claim.
You could improve the chances of winning a crush injury claim though by collecting evidence to prove what happened. Therefore, we’ll provide advice on this later on.
Yes, you may still be eligible to claim compensation for a crush injury even if you were partly to blame. The Law Reform (Contributory Negligence) Act 1945 would apply in such cases. This essentially means that if you were partially responsible for your injury, your compensation would be reduced to reflect your share of the blame. For example, if it is found that you were 20% responsible for your crush injury, your compensation award would be reduced by 20%. The defendant would still be responsible for the remaining 80% of the compensation.
It’s worth noting that the specific circumstances of the claim will be carefully considered when determining the level of responsibility for the accident. An experienced personal injury solicitor on our team can help assess the details of your case and advise on the likelihood of a successful claim and the amount of compensation for a crush injury you may be entitled to.
So long as you’ve suffered a crush injury because of somebody else’s negligence, we could help you to start a compensation claim. Some common examples of when this might be true include:
- Road traffic accidents. Any accident involving a vehicle has the potential to cause limbs to be trapped and crushed. If you’ve been injured because of another road user’s dangerous, reckless or careless driving, a claim might be possible.
- Workplace accidents. Crush injuries caused by your employer’s negligence could allow you to seek compensation for any suffering. For example, you could claim if your foot was crushed by a faulty piece of machinery or because a pile of stock fell onto you because it wasn’t stacked safely. You may also be able to claim if your employer failed to train you properly or provide suitable PPE to try and protect you better.
- Overcrowding. If you were crushed at a concert, in a nightclub or at a sports event because of overcrowding, we may be able to help you claim for your injuries.
- Public place accidents. An example in this category could be if you were crushed by a fixture or fitting in an accident in a shop that had not been secured properly.
- Sporting injuries. While it’s possible to sustain unavoidable injuries whilst playing contact sports, you could claim for crush injuries caused by damaged equipment, unsuitable playing surfaces or inadequate supervision or refereeing.
Essentially, businesses and organisations must try to foresee the risk of crush injuries by conducting regular risk assessments and making changes where necessary. If they’ve failed to carry out such checks and you’ve been injured as a result, please get in touch and let us know what happened.
If you decide to start a crush injury claim, and it’s successful, you could potentially get compensation for:
- Any physical pain, suffering or discomfort.
- Flashbacks, distress, anxiety or other forms of psychological injury.
- Any of your normal activities that were restricted while you were injured.
- Loss of earnings and future reductions in income.
- Replacing clothes and other personal items damaged in your accident.
- Physiotherapy and other medical costs.
- Care costs.
- Travel expenses.
- Making changes at home to make it easier to cope with long-term injuries.
As each claim is unique, we can’t offer a compensation estimate for a crush injury claim until your case has been reviewed properly. However, you may get an idea of potential settlement amounts for crush injuries by using our compensation calculator:
As part of the claims process, your solicitor may have to book an independent medical assessment with a local specialist. If so, they’ll determine your prognosis by examining your injuries, reviewing your medical records and finding out how you’ve been affected.
You will need to prove how your accident happened, who caused it and how you’ve been affected to win a crush injury claim. To do this, you could supply:
- X-rays, doctor’s notes and other medical records to prove your diagnosis.
- Details of anybody else who saw you get crushed in case witness statements are needed.
- Photographs of the accident scene to try and prove what caused you to be crushed.
- A copy of an accident report form to try and prove when, where and how your accident happened.
- Footage from a CCTV camera or dashcam to make it easier to confirm what caused the accident.
- Copies of any financial documents to prove any costs you wish to claim back.
Your solicitor will help you to secure the evidence needed to support a crush injury claim but if you’ve to collect anything already, please let us know during your free consultation.
You may already know that a 3-year time limit exists in the UK for personal injury claims. In general, the limitation period for crush injury claims will start from the date of the accident.
If a child has sustained a crush injury, parents acting as a litigation friend could claim on their behalf without worrying about the time limit so long as they begin before the child’s 18th birthday.
Ideally, we would suggest that you begin the claims process as soon as you can to allow plenty of time for medical reports and other forms of evidence to be collected to support your claim.
Please get in touch to check how long you have left to claim.
The length of time it takes to settle a crush injury claim can vary widely depending on a variety of factors, including the severity of the injury, the complexity of the case, and the willingness of the defendant to admit they are liable.
Therefore, a crush injury claim may be settled relatively quickly, within a few months of starting the claim. However, if the case is more complex, involves more serious crushing injuries, or if liability is disputed, the process can take significantly longer, potentially stretching on for a year or more.
It’s important to bear in mind that every claim is unique, and it’s difficult to provide a specific timeline without knowing the details of the particular case. In our opinion, it’s best to work with an experienced personal injury solicitor, such as ours, who can help you through the claims process and provide guidance on what to expect in terms of timing and potential outcomes.
Our team of advisors is on hand to help with the crush injury compensation claims process. If you call 0800 6524 881 today, you’ll receive free legal advice and we’ll review your options on a no-obligation basis.
Should one of our solicitors agree to represent you, they’ll manage the whole case for you on a No Win No Fee basis. As a result, you won’t pay legal fees upfront and you’ll only have to cover the cost of your solicitor’s work if your claim is successful.
For more information about the process of making a crush injury claim, please feel free to connect to our live chat service.