Introduction
Cherry pickers, also known as mobile elevating work platforms (MEWPs), are widely used in construction, warehousing, and maintenance. While they make working at height safer, accidents still happen and often result in serious injuries. If your injury was caused by unsafe conditions, poor maintenance, or lack of training, you may be entitled to claim compensation.
This page explains common cherry picker accidents, your eligibility to claim, evidence that strengthens your case, and how much compensation you might receive.
At a glance
- Around 28,000 workers were injured in falls from height between 2021/22 and 2023/24, a rate of 89 per 100,000 workers (Source: WAAC analysis of the HSE LFS data published 12/2024)
- Cherry picker accidents can cause falls from height, crush injuries, electrocution and musculoskeletal injuries.
- Employers must follow the Work at Height Regulations 2005 and ensure equipment is properly maintained.
- Compensation can cover pain and suffering, rehabilitation costs, lost income and long-term care needs.
- You usually have three years from the date of the accident to start a claim.
Report the accident and photograph the platform, ground and controls. Note harness use, anchor point, inspection tag dates and who was the spotter. Ask for the risk assessment and rescue plan.
John Kushnick
Legal Operations Director
National Accident Law
What is a cherry picker injury?
A cherry picker injury is any harm sustained while using or working near a mobile elevating work platform (MEWP). Accidents may involve:
- Falls from height due to lack of harnesses, guardrails or operator error.
- Crush injuries when workers are trapped between the platform and overhead structures.
- Electrocution from contact with overhead power lines.
- Overturning accidents caused by unstable ground or improper setup.
- Strains and sprains from poor positioning or awkward working angles.
See: HSE: Using MEWPs safely.
Examples of cherry picker accidents and injuries
| Accident type | Cause | Possible injury |
|---|---|---|
| Fall from platform | No harness, faulty guardrails, overreaching | Fractures, spinal injuries, head trauma |
| Crush accident | Trapped between platform and structure | Crush injuries, broken bones, internal damage |
| Electrocution | Contact with overhead power lines | Electric shock, burns, fatal injuries |
| Overturning | Unstable ground, improper positioning | Multiple injuries, serious trauma |
| Manual handling injury | Awkward working angles in the platform | Back strain, shoulder or arm injuries |
Am I eligible to claim?
You may be able to claim if:
- Your cherry picker accident happened in the last three years, and
- Employer negligence, poor maintenance, lack of training, or unsafe working conditions caused or contributed to your injury, and
- Medical evidence confirms the injury and its link to the accident.
Unsure? See Do I have a claim and The claim process.
How much compensation can I claim?
The value of a cherry picker accident claim depends on your individual circumstances. Compensation is made up of two parts:
- General damages: for the pain, suffering and impact on your quality of life.
- Special damages: for financial losses such as lost earnings, medical treatment, rehabilitation and travel expenses.
Our compensation calculator uses the latest Judicial College Guidelines to estimate how much you could claim. It considers the type and seriousness of your injuries, multiple injuries where relevant, and any additional financial losses.
When is my employer responsible?
Employers must comply with the Health and Safety at Work Act, the Management of Health and Safety at Work Regulations 1999 and the Work at Height Regulations 2005. They must:
- Carry out risk assessments for cherry picker use.
- Provide training for operators and supervisors.
- Ensure equipment is inspected, maintained and safe to use.
- Provide fall protection such as harnesses and guardrails.
- Plan work properly to avoid risks such as overhead cables or unstable ground.
Employment status and cherry picker injury claims
Your right to claim typically doesn’t depend on your contract type. See how employment status affects your claim:
See also Health and safety breach injury claims.
Evidence that strengthens a claim
- Accident book entries and incident reports.
- Medical records confirming diagnosis and treatment.
- Photographs of the accident site, equipment or unsafe conditions.
- Inspection and maintenance records for the cherry picker.
- Witness statements from colleagues.
Time limits for cherry picker claims
You usually have three years from the date of the accident or the date you realised your injury was linked to work (the “date of knowledge”). Exceptions apply for those under 18 or lacking capacity. See time limits for making a claim.
FAQs
New to claims? Start with our work injury claim guide, or see the full work injury claim FAQs.
Can I claim if I was partly to blame?
Yes, but your compensation may be reduced if contributory negligence applies. See What is contributory negligence?.
What if the cherry picker was hired from another company?
You may still claim against your employer if they failed to check the equipment was safe. Liability can sometimes extend to the hire company.
Do I need to attend a medical assessment?
Yes. An independent medical expert will assess your injuries and provide a report for your claim. See What happens at a medical appointment.
Call now for free, specialist advice
We'll put you straight through to an experienced work injury advisor:
- Advice that's right for your case
- Check if you can claim
- No Win, No Fee explained clearly
If you decide to make a compensation claim, we'll connect you with the right solicitor.
Calls are confidential and are handled by our partners at National Accident Helpline. Work Accident Advice Centre (WAAC) is a Claims Management Company regulated by the Financial Conduct Authority (Ref number: 835858). Registration is recorded on the FCA website https://register.fca.org.uk/.
About the author
Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.
Last reviewed October 2025 by Chris Salmon