Being struck by a moving object at work can cause serious injuries, from head trauma to permanent disability. If this has happened to you, you may be wondering how to sue after being hit by a moving object. This expert guide explains how to sue after being struck by a moving object, whether the incident occurred on a construction site, in a warehouse, or during any other work activity.
This guide will cover your eligibility to make an accident at work claim, explain the claims process, highlight the types of evidence needed, and detail how compensation is calculated. You will also learn about No Win No Fee agreements and how our panel of solicitors can help.
Our panel can offer support through every step of your accident at work claim and ensure you’re fully informed about your rights.
Read on to find out if you have a valid claim and what actions you should take immediately after the accident occurred.
Contact Us
Our team of advisors are here to help. Contact us today to learn more about how to sue after being hit by a moving object by:
- Calling us on 0800 408 7827
- Using the live chat feature
- Contacting us online
Frequently Asked Questions
- How To Sue After Being Struck By A Moving Object At Work
- How Do Hit-By-Object Accidents Happen?
- What Compensation Could I Get After Being Struck By An Object?
- Is There A Time Limit For Making Accident At Work Claims?
- How Can The Risk Of Getting Hit By An Object Be Minimised?
- What Should I Do After Being Struck By An Object
- How To Sue With A No Win No Fee Solicitor
- Learn More
How To Sue After Being Struck By A Moving Object At Work
To make a personal injury claim after being hit by a moving object at work, you must meet specific eligibility criteria. Negligence is the legal basis for most accident at work claims. You need to demonstrate that:
- You were owed a duty of care by your employer.
- That duty was breached
- The breach caused your injuries.
Under the Health and Safety at Work etc. Act 1974, employers must take all reasonable steps to protect employees from harm. This includes conducting regular risk assessments, maintaining equipment, ensuring the workplace is free from hazards, and providing suitable personal protective equipment (PPE).
If your employer failed to take appropriate action, such as securing materials at height or maintaining equipment, and this breach of duty led to your injuries, you could be entitled to make a compensation claim.
Am I Still Able To Sue If I Was Partially Responsible?
Yes, you may still have a valid claim even if you were partially responsible for the accident. This is known as contributory negligence, where the blame is split between the injured party and the employer.
In these cases, your compensation claim may be reduced based on your level of responsibility. For example, if you’re deemed 25% at fault, your final payout will be reduced by 25%. However, this should not deter you from seeking legal services, especially if your employer failed in their legal duty to protect you.
An experienced personal injury solicitor from our panel can help assess your case and negotiate the fairest outcome possible.
Can I Sue On Behalf Of A Vulnerable Adult?
Yes, if a loved one lacks mental capacity to pursue a claim, you can apply to act as their litigation friend. This allows you to manage the claims process on their behalf.
This process ensures that vulnerable individuals still have access to justice and the personal injury compensation they are entitled to.
Suing For A Deceased Loved One
If a family member died after being struck by a moving object at work, you may be able to sue on their behalf through a fatal accident claim. The Law Reform (Miscellaneous Provisions) Act 1934 and Fatal Accidents Act 1976 allow dependents or estate representatives to seek compensation for:
- Pain and suffering before death
- Loss of financial support
- Funeral and medical costs
In these tragic cases, our panel of solicitors can help you navigate the process with compassion and professionalism. We understand the emotional toll and are here to help you secure justice.
For help making a fatal workplace accident claim, speak to us today. Let us support you through this difficult time.
How Do Hit-By-Object Accidents Happen?
There are many ways that these kinds of accidents can happen, including:
Objects Falling From Heights
When materials or tools are not properly secured, they can fall from scaffolding or cranes. A worker hit by these falling objects may suffer head injuries, severe injuries, or even death. Employers should ensure proper load security and use of nets or barriers to prevent such accidents.
Unsecured Or Loose Item Loads
Incorrectly stacked shelving or unstable pallets can collapse, striking workers in the process and causing broken bones, bruises, and lacerations. These incidents often result from poor training or neglect of health and safety protocols. Employers are required to conduct regular risk assessments to prevent these dangers.
Flying Debris
Machinery malfunctions or tool breakages can send high-speed debris flying toward nearby workers. Without proper maintenance and protective gear, this can cause eye damage, facial scars, or permanent disability.
Collisions With Vehicles Or Moving Equipment
In busy workplaces like warehouses, forklifts and other vehicles pose a serious risk. If a pedestrian is hit due to poor visibility or driver error, they could suffer serious injuries, such as a severe back injury or a serious leg injury. Working pedestrian accident claims in these scenarios are often the result of inadequate training or a lack of safety procedures.
Lack Of PPE
If a worker is sent into a hazardous environment without the correct personal protective equipment (e.g. hard hats or hi-vis clothing), the employer may be held responsible for any injuries sustained as a result, like brain damage or a broken toe. Proper PPE can significantly reduce the impact of being struck by an object.
If any of these examples sound familiar, you may have grounds to sue after being struck by a moving object. Get in touch with our team now to assess your case.
What Compensation Could I Get After Being Struck By An Object?
The amount you can receive in a compensation claim will vary depending on the severity of your injuries. Legal professionals use the Judicial College Guidelines (JCG) to value general damages, which cover pain, suffering, and loss of amenity. The JCG is a document that contains compensation guidelines for different kinds of injuries and illnesses.
Below, you can see some examples of these amounts. Please keep in mind that they’re only guidelines, not guarantees, and the first entry is not from the JCG.
| Injuries | Compensation |
|---|---|
| Multiple severe injuries plus special damages, like the cost of lost earnings and mobility aids. | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Chest Injuries (a) | £122,850 to £183,190 |
| Chest Injuries (b) | £80,240 to £122,850 |
| Severe (ii) Neck Injuries | £80,240 to £159,770 |
| Traumatic Digestive Injuries (i) | £52,490 to £75,550 |
| Severe Back Injuries (iii) | £47,320 to £85,100 |
| Moderate Back Injuries (i) | £33,880 to £47,320 |
| Kidney Injuries (c) | £37,550 to £54,760 |
| Moderate Pelvis And Hip Injuries (ii) | £15,370 to £32,450 |
How Is Compensation Calculated?
Your personal injury compensation payout can include:
- General damages for physical pain and suffering
- Special damages for financial losses, including:
- Medical costs
- Lost income
- Travel expenses
- Home adaptations
- Care costs
You will need strong medical evidence to support your case. An independent medical assessment may also be arranged to assess the extent of your injuries.
Our team can help with totalling your losses so that you have the potential to receive the maximum settlement possible. Contact us today to learn more about how to sue your employer.
Is There A Time Limit For Making Accident At Work Claims?
Under the Limitation Act 1980, you typically have 3 years to begin a claim. This period starts either from the date the accident happened or from the date of knowledge, when you became aware that your injuries were caused by employer negligence.
However, there are important exceptions:
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If the injured person was under 18, then a litigation friend can claim at any point until their 18th birthday. If no-one claims on their behalf, they can make their own claim between their 18th and 21st birthdays.
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If the injured party lacks mental capacity to handle legal matters, the 3-year time limit is paused indefinitely unless capacity is regained.
Don’t let time run out on your claim. Speak with our advisors today to get started, or keep reading to learn more about how to sue after being hit by a moving object.
How Can The Risk Of Being Hit By An Object Be Minimised?
Employers have a legal duty to minimise the risk of workplace accidents involving moving objects. This includes:
- Adhering to the Health and Safety at Work etc. Act 1974.
- Complying with the Workplace (Health, Safety and Welfare) Regulations 1992.
- Providing proper PPE.
- Conducting risk assessments.
- Offering employee training.
If your employer fails to uphold these responsibilities, they may be liable for any injuries sustained.
Have you suffered due to a negligent employer? Let our panel of solicitors help. Call today.
What Should I Do After Being Struck By An Object
After being struck by an object, one of the most important steps you can take is to gather evidence. This can include things like:
- Report the incident in the accident report book: Every workplace with ten or more employees must have an accident book.
- Seek immediate medical attention: This means you get the help you need, and it also creates a permanent record of your injuries.
- Gather medical records and any medical reports: These can give more information on the severity of your injuries.
- Take photographs of the accident scene: You can also take photographs of any visible injuries you have.
- Collect witness contact details: This means that they can be approached later and have their statements taken.
- Request CCTV footage: If the accident was caught on CCTV, you can use this as negligence.
These steps will help you prove liability and document the injuries sustained. Act quickly and speak to us for guidance on how to sue after being hit by a moving object.
How To Sue With A No Win No Fee Solicitor
Our panel of solicitors handle claims on a No Win No Fee basis, also known as a Conditional Fee Agreement (CFA). This means:
- You pay no upfront legal fees.
- You only pay a success fee if your claim wins.
- If your claim fails, you pay nothing to your solicitor.
Our panel of solicitors has a proven track record of helping clients win accident at work claims, including those involving severe and complex injuries. We’ll connect you with experts who understand how to prove employer negligence, navigate the claims process, and secure the maximum personal injury compensation you deserve.
We believe legal representation should be affordable and accessible. That’s why our panel offers a No Win No Fee agreement to give you peace of mind and confidence when pursuing justice.
Get Help From How To Sue
Are you ready to start your claim? Get in touch today by:
-
- Calling us on 0800 408 7827
- Using the live chat feature
- Contacting us online
Get the justice you deserve after being struck by a moving object at work. Contact us today for free, expert advice.
Learn More
To learn more about making an accident at work claim:
- Find out how to make a manual handling claim
- Learn if you get full pay after an injury at work
- Learn how to sue for a scaffolding accident
Or, to get further resources:
- Learn more about workplace health and safety from the Health and Safety Executive (HSE)
- Information on back injuries from the NHS
- Learn how to request CCTV footage of yourself
Thank you for reading our guide on how to sue after being hit by a moving object.