Claim compensation for a digger accident at work

If you've been injured in a digger or excavator accident at work that wasn't your fault, we can help you make a digger accident compensation claim.

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We are a trusted claims management company helping people make personal injury claims for over 15 years.

Digger Accident Claims

Digger accidents can cause a range of injuries, from mild cuts, strains and concussions to life-changing amputations and brain trauma. If you suffered any injury because of a digger accident that wasn’t your fault, you may be eligible to make a digger accident claim for injury compensation.

Employers have a legal duty to keep workers safe from the risk posed by operating or working near a digger. This includes providing proper training, implementing safe systems of work and regularly inspecting machinery.

If this duty was breached and you suffered an injury caused by a digger, our team of specialist solicitors are here to help you pursue a legal claim. To get started with a free case assessment, call 0800 470 0472 today or request a call back.

Table of Contents

Am I entitled to make a digger accident claim?

If you had a digger accident, you might feel that it was your own fault and that there is nothing you can do about it. However, such accidents are often due to some form of negligence from a third party, which is usually an employer.

The best way to determine if you may be able to claim compensation for your injuries is through a free consultation with a personal injury solicitor. They will verify whether:

The defendant owed you a duty of care.
This duty was breached, leading to a digger accident.
You suffered an injury or injuries as a direct result of the accident.
You are within the legal time limit to make a claim (usually three years).

If these criteria apply to your case, you should be eligible to make an accident at work compensation claim.

What should employers do to prevent digger accidents?

Employers have a legal duty of care towards their employees, which is mainly set by the Health and Safety at Work Act 1974. When it comes to digger safety, other legislation enforces this duty, including:

The primary duties of employers under these laws and regulations include:

Conduct risk assessments before carrying out any work involving diggers.
Ensure all digger operators are adequately trained and licensed.
Provide personal protective equipment (PPE) such as hard hats when needed.
Regularly inspect and maintain machinery and ensure it is safe to use.
Encourage workers to report defects or hazards and promptly address them.
Keeping work areas free from hazards and clearly marked.
Ensure adequate supervision of excavation work.

If these or other employer duties are breached and you suffer an injury at work, you may be entitled to compensation for your pain and suffering.

What types of digger accidents could lead to a claim?

If employers fail in their duty of care to protect the health and safety of employees, various types of digger accidents could happen, including:

Overturning diggers, if the machine is operated on uneven ground, is overloaded or driven too fast on a slope.
Being struck by a digger or hit by a digger’s arm, bucket or other moving parts if safety zones aren’t enforced.
Entrapment or crushing accidents occur when a body part is pinned between the digger and another hard surface, such as the ground or a wall.
Falls from a height while entering or exiting the digger cab or while carrying out maintenance work on the digger.
Loss of control or collisions due to poor maintenance of the digger or mechanical failures.
Electrocution from contact with overhead power lines or damaging underground electrical cables.

These could be due to employer negligence, such as:

Failing to provide adequate training, instructions and supervision.
Not conducting risk assessments, regular inspections and maintenance of machinery.
Failing to provide adequate PPE and safe systems of work.
Failing to signpost hazards and isolate dangerous areas where excavation is carried out.

If you were injured in a digger accident that wasn’t your fault, our team of specialist personal injury lawyers can help you claim compensation for your pain, suffering and financial losses.

What should I do if I have a digger accident and I want to make a claim?

There are a few steps you should take if you are involved in a digger accident at work, which will help you make a successful digger accident claim:

Your health and safety should be your top priority. You should seek medical care promptly, even if your injuries seem minor at first.
Gather supporting evidence if possible, including photos of the accident scene, your injuries and any visible hazards.
Ask for the names and contact information of any witnesses to the accident.
File an accident report with your employer and make sure they log it in the company’s accident book.
Keep records of your symptoms, their impact on your life and any related financial losses and expenses.
Speak to a personal injury solicitor who can assess your case and offer you free advice on your legal options.

If you are eligible for compensation, your solicitor will handle all the legal aspects of the claim on your behalf and keep you updated throughout the process.

What injuries could a digger accident cause?

A digger accident on a building site or any other workplace can lead to a wide range of injuries, including:

Severe cuts and lacerations that could leave permanent scars and lead to infections.
Broken bones in any part of the body, including the arms, legs, ribs and skull.
Abdominal injuries, internal bleeding and organ damage from falls or entrapment.
Head injuries ranging from mild concussions to severe brain trauma, causing permanent disability.
Back injuries such as sprains, strains, herniated discs and damage to the spinal cord.
Arm and leg injuries, including fractures, dislocations, soft tissue injuries and amputations.
Psychological injuries, such as depression, anxiety and post-traumatic stress disorder (PTSD).
Burns or electrocution caused by contact with live wires or fluid leaks.

The type and severity of your injuries will determine how much compensation you will be entitled to receive if you make a successful digger claim.

Evidence needed to support a digger injury claim

If you were injured by a digger and you want to pursue compensation, you will need various types of evidence to make a construction accident claim, such as:

Photos or videos of the accident scene and the hazards that caused it.
Pictures of your injuries and the damage to your items.
A signed copy of the accident book entry with details about the incident.
Medical records detailing your injuries, treatments and prognosis.
Statements from witnesses to the accident or colleagues aware of unsafe conditions.
Workplace records showing your training and the maintenance of heavy machinery.
Your testimony about how the accident occurred and how it has impacted you.
Investigation reports from the Health and Safety Executive (HSE), if applicable.
Any communication between you and your employer, such as letters or emails.
Proof of financial losses and expenses, such as receipts and wage slips.

The more evidence you have, the stronger your claim will be. Your solicitor will help you gather everything you need and guide you through all the steps of the claims process.

Could I be sacked for claiming against my employer?

Your employer owes you a legal duty to keep you safe from digger accidents and injuries. If they are negligent and you suffer harm as a result, it is your legal right to make a digger compensation claim.

As long as your claim is lawful (i.e. not based on dishonest information), you are protected by the Employment Rights Act 1996. That means your employer cannot sack you or discipline you just for seeking compensation. If they do, you could make a further claim at an employment tribunal for unfair or constructive dismissal.

How much compensation could I claim for a digger accident?

The compensation for a digger accident injury is calculated on a case-by-case basis, starting from two types of damages:

General damages cover the subjective impact of your injury or illness on your life. This could include elements such as physical pain, psychological trauma, scarring, disability and loss of enjoyment of life.
Special damages cover the financial impact of the digger accident. This could include the cost of private medical treatments, care costs, loss of earnings, medical aids and travel expenses.

Some examples of digger compensation amounts from the Judicial College Guidelines (18th Edition) are listed below. Your solicitor will use these as guidance to value your claim based on the type and severity of your injuries:

Injury Type	Description	Compensation
Amputation Of Arms	Amputation of one arm below the elbow	£127,000 - £145,000
Back Injuries	A minor back injury recovering fully within 2-5 years	£10,000 - £17,000
Brain Damage	Moderate brain damage likely to affect the senses, with some dependence on others	£57,000 - £289,000
Leg Injuries	Serious compound or comminuted leg fractures or ligament damage requiring prolonged treatment and causing permanent issues	£52,000 - £72,000
Shoulder Injuries	A moderate shoulder injury with limited movement and discomfort for more than two years	£10,000 - £17,000
Wrist Injuries	A wrist fracture or soft tissue injury taking more than a year to recover	£8,000 - £14,000

What is the time limit to make a digger accident compensation claim?

The Limitation Act 1980 typically imposes a three-year limitation period to make a personal injury claim, including for a digger or excavator accident. However, the sooner you speak to a solicitor, the easier it will be to investigate and build your case.

There are a few exceptions to this rule, mainly involving claimants who lack the mental capacity to handle a claim and fatal accident cases. You can read more about these here: What is the time limit for making a claim?

Can I claim compensation for a digger accident on a No Win No Fee basis?

If you have a valid claim for a workplace accident involving a digger, our team of solicitors will represent you on a no win no fee basis. That means you won’t need to pay a single penny upfront, and there will be no financial risks.

If you win your claim, your solicitor will be entitled to a success fee deducted from your payment. This is agreed upon from the beginning and capped at 25% of your compensation for pain, suffering and past financial losses. If you lose, you don’t need to pay your solicitor’s fees.

How long does a digger accident claim take to settle?

There is no set timeframe for settling a claim for a building site accident involving a digger. This will differ from case to case, depending on various factors, such as:

The type and severity of your injuries.
The time it takes for your injuries to heal and see their long-term effects.
The time it takes to gather supporting evidence.
The defendant’s willingness to negotiate a settlement.
Whether your case goes to court.

Your personal injury lawyer will aim to settle your case in the shortest time possible and may be able to secure interim payments for your ongoing financial needs if required.

Do I need a solicitor to make a digger injury compensation claim?

No, you are not legally required to hire a solicitor to represent you in a digger accident compensation claim. However, working with a specialist solicitor gives you the best chance of success, as they will:

Offer you a free case assessment and legal advice.
Help you gather supporting evidence.
Handle all communication with your employer and their insurer.
Negotiate the maximum compensation possible.
Be prepared to take your case to court if necessary.

To find out if you are entitled to claim compensation for an injury caused by a digger accident at work, get in touch by calling 0800 470 0472 or using our online claim form. You will receive a free case assessment with no obligation to proceed.

Last edited on 3rd Aug 2026

Nicholas Tate (LLB Hons, LLM in Health Law) has over 15 years’ experience in the legal industry, with specialist knowledge of personal injury and medical negligence claims.