If you've been injured in a cherry picker accident at work, you could be entitled to claim compensation for your injuries and any related financial losses.
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Cherry Picker Accident Claims
Cherry pickers are a vital tool in various industries, including construction, maintenance, and agriculture. However, when proper safety measures are not in place, cherry picker accidents can result in life-changing injuries and even fatalities.
If you’ve been injured in a cherry picker accident within the last three years, you might be entitled to make a cherry picker accident claim. Providing the accident was caused by the negligence of your employer, our team of experienced solicitors are here to help. They will work hard to get you the compensation you deserve for your pain, suffering and related financial losses on a no win, no fee basis.
For a free and confidential consultation with a friendly legal adviser, call 0800 470 0472 or complete our simple contact form to request a call back.
Table of Contents
Am I eligible to make a cherry picker accident claim?
You can usually claim compensation for an accident involving a cherry picker if your solicitor can prove the following:
- Another party (such as your employer or a manufacturer) owed you a legal duty of care.
- They failed to uphold this duty of care, which led to the cherry picker accident.
- You suffered an injury as a direct result of the accident within the past three years.
A free consultation with a personal injury solicitor specialising in workplace accidents can quickly help you assess your eligibility. If you can proceed, they will help you gather supporting evidence and guide you through every step of the claims process.
What duty of care does my employer have to prevent cherry picker accidents?
Cherry pickers, also known as Mobile Elevating Work Platforms (MEWPs), are essential across various industries. They allow workers to safely reach heights for tasks such as maintenance, repairs and inspections.
However, they can also be dangerous, and employers must take reasonable measures to protect workers from cherry picker accidents. Under the Health and Safety at Work Act 1974 and the Work at Height Regulations 2005, they must:
- Conduct regular assessments to identify potential risks associated with the use of cherry pickers.
- Ensure the cherry picker is adequately maintained and safe for use.
- Implement and enforce safe systems of work.
- Ensure that cherry picker operators are adequately trained and competent.
- Provide suitable and properly maintained personal protective equipment (PPE), such as hard hats and harnesses.
- Take measures to prevent overreaching or overloading the platform.
- Identify and control hazards in the work area, such as overhead power lines or unstable ground.
- Provide adequate and competent supervision.
- Have clear emergency procedures in place.
Failure to uphold this duty of care could make your employer liable for any resulting injuries.
What should I do after a cherry picker accident at work?
Being involved in a cherry picker accident can be a traumatic experience. Following the accident, it is essential to take the proper steps to protect your health and legal rights:
- Prioritise your safety and seek medical attention. If your injuries are severe, call 999 immediately; otherwise, see a doctor as soon as possible.
- Report the accident to your employer and ensure it is recorded in the accident logbook. Ask for a signed copy of the report.
- Make sure your employer has reported the incident to the HSE (if required under RIDDOR).
- If possible, gather evidence at the scene, such as photos, videos and witness details.
- Keep a detailed record of the incident, your symptoms and the impact on your life.
- Keep all medical records and receipts for financial expenses.
- Contact a specialist solicitor as soon as you are able. They will verify the merits of your claim and advise you on your rights.
Types of cherry picker accident compensation claims
Many types of accidents can lead to a claim for cherry picker compensation, including:
- Falls from height – due to a lack of safety barriers, harnesses or other safety measures.
- Overturns – if the cherry picker is unstable and tips over, you may be thrown from the basket or platform.
- Entrapment – this happens if you are trapped between the basket and a fixed structure.
- Collisions – you may suffer injuries if the cherry picker hits structures or other vehicles.
- Electrocution – contact with overhead power lines can lead to severe burns and electric shock.
- Falling objects – tools, equipment or debris can fall from the platform and hit others below.
What types of injuries can lead to a cherry picker claim?
Cherry picker accidents can cause a wide range of injuries for which you could pursue compensation, including:
- Soft tissue injuries – Sprains, strains, or tears to muscles, ligaments, and tendons caused by falls, sudden jolts, or impacts.
- Broken bones – Falls from a cherry picker or being struck by equipment can easily lead to fractures, especially in the arms, legs and ribs.
- Spinal cord injuries – A fall from a cherry picker can cause damage to the spine, including life-altering spinal cord injuries.
- Head injuries – These can be caused by falls, impact trauma or being struck by falling objects and range from minor concussions to traumatic brain injuries.
- Psychological injuries – Surviving a severe cherry picker accident can also lead to psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, or depression.
- Cuts and lacerations – Sharp edges, jagged metal or impact trauma can cause deep cuts or lacerations that may require stitches and result in permanent scarring.
- Crush injuries at work – If a cherry picker overturns or collapses, you can be trapped between structures, which can result in amputations, internal bleeding and internal organ damage.
What evidence do I need to support a cherry picker injury claim?
Substantial evidence is key to making a successful cherry picker injury claim. This could include:
- Photographs and videos of the accident scene, including any visible defects or hazards.
- CCTV footage of the accident, if available.
- Pictures of your visible injuries after the accident and during recovery.
- A copy of the entry from the company’s accident report book.
- If available, a copy of a formal report from the HSE.
- Witness statements from co-workers or members of the public who saw the accident.
- Your medical records, including reports from independent specialists.
- Your employer’s safety and training records.
- Maintenance logs for the cherry picker.
- Your detailed statement about the accident and its impact on your life.
- Proof of financial losses, such as receipts and invoices.
Could I lose my job if I claim compensation for a cherry picker accident?
If you suffer an injury at work due to your employer’s breach of the health and safety obligations, it is within your rights to claim compensation.
While making a workplace accident claim is a common concern, it may be unlawful for your employer to dismiss or penalise you because you have pursued a genuine claim. If they do so, you can potentially take further action at an employment tribunal.
Furthermore, all employers must hold Employer’s Liability insurance specifically to cover such claims. If you are awarded compensation, the insurance company will pay it, so your employer will not be left out of pocket.
Your solicitor can reassure you about your rights and discuss any concerns you have about your job.
Can I make a claim on behalf of a loved one injured in a cherry picker accident?
Yes, you can make a claim for a cherry picker accident on behalf of a loved one if they are:
- A child under 18.
- An adult who is a protected party under the Mental Capacity Act 2005.
You can claim compensation for their injuries by acting as their litigation friend. For this, you will need to file a certificate of suitability with the court, proving that you:
- Have no conflicts of interest with the claimant.
- Can make fair, competent decisions about the claim.
For more information about how you can make an injury claim on behalf of a loved one, please visit our dedicated guide: What is a litigation friend?
Can I claim compensation for a wrongful death?
If a loved one has passed away as a result of a severe cherry picker accident, you may be able to claim compensation under the Fatal Accidents Act 1976.
Any dependant of the deceased, such as a spouse, civil partner, child or sibling, can make a claim to cover:
- The loss of financial support expected from their loved one, including past and projected future earnings and pension contributions.
- The value of the help and service their loved one provided, such as childcare and home maintenance.
- Reasonable funeral costs, such as wreaths and the headstone.
- The pain, suffering and financial losses incurred by your loved one before passing away.
A statutory bereavement award of £15,120 is also available to certain close relatives (such as a spouse, civil partner or, in some cases, the parents of a child under 18) as recognition of their grief and the wrongful death.
What is the time limit for making a cherry picker accident claim?
Under the Limitation Act 1980, you typically have three years to make a cherry picker injury compensation claim, starting from one of the following:
- The date of your accident.
- The date the negligence was discovered (date of knowledge).
There are a few important exceptions related to the limitation period:
- If the injured person is under 18, the three-year time limit begins on their 18th birthday.
- The time limit is put on hold for those lacking mental ability. A litigation friend could represent them at any time.
It’s best to seek legal advice as early as possible to avoid missing any crucial deadlines and improve your chances of building a strong case. You can read more about the time limits to start a claim here: What is the time limit for personal injury claims?
How much compensation can I claim for a cherry picker accident?
Your cherry picker injury compensation will be calculated based on two types of damages incurred because of the accident:
General damages
These cover the subjective, non-financial losses caused by the accident and will take into account:
- Physical pain and discomfort
- Emotional and mental trauma
- Loss of consortium or companionship
- Impact on hobbies and daily activities
- Loss of enjoyment of life
Special damages
These cover the quantifiable financial losses related to the accident, both past and future, and could include:
- Loss of earnings
- Private medical treatments and prescriptions
- Care and assistance during recovery
- Travel costs to medical appointments
- Counselling and physical therapy
- Adaptations to your home or vehicle
The amount of compensation for general damages is based on the type and severity of your injury and the extent of your recovery. You can read more about your compensation prospects here: How are compensation claims calculated?
Will I receive a No Win No Fee service from my solicitor?
Yes. If you are entitled to claim compensation, our team of solicitors will gladly offer you a no win no fee service. This means that:
- You won’t have to pay any upfront fees to your solicitor or throughout the claims process.
- If your claim is unsuccessful, you will not have to pay them at all, which brings peace of mind.
- If you win compensation, your solicitor will be entitled to a pre-agreed percentage of it, known as a success fee (capped at 25% of general damages and past financial losses).
To find out if you can make a no win no fee cherry picker claim and how much compensation you could receive, call 0800 470 0472 today for a free case assessment. You can also fill out our online claim form, and a friendly legal adviser will call you back.
