Cherry picker
injury claims

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Common cherry picker accidents?

A cherry picker (also referred to as a ‘boom lift’) is a Mobile Elevated Working Platform (MEWPs) with an extendable boom used for temporary access to high and inaccessible areas.

Other variations include scissor lifts, mast lifts, truck mounts, push around verticals access platforms and aerial platforms.

Where are cherry pickers used?

Cherry pickers are invaluable in certain work environments. The effectiveness of cherry pickers means they are now in common usage in building and construction, retail and warehousing, infrastructure and building maintenance.

How dangerous are cherry pickers?

According to the Health and Safety Executive (HSE), there were 581,00 non-fatal injuries at work In 2018/19. Construction and farming are performed as the most dangerous sectors to work in and cherry pickers are often used in these sectors.

Accidents involving MEWP’s account for 3% of all fatal accidents on construction sites. Accidents occur most frequently when the machine is being used and operating at height.

What to do if you have been injured by cherry picker

Visit your GP or A&E

You should arrange to see your GP as soon as you can after the accident. If the injury is more serious, you should seek urgent medical attention.

Ask your doctor for a detailed written account of your injuries and keep a copy in a safe place. If you decide to take legal action against your employer, your solicitor will ask for a copy of the medical report. This report will be a critical component of the evidence used to support your cherry picker-related injury.

Find out more: Key things you need to do when getting medical help for a work injury

Make notes

We strongly recommend that you don’t rely on the official accident book report. As soon as you feel able, you should write down your own account of how your injury or illness happened.

Even a detailed accident book report may miss key points, and may not include full details of your injuries. Although it is unlikely, accident book reports can be lost or may not have been filed properly in the first place.

You could also ask witnesses for their accounts of what happened. Even an email or text message from a co-worker that supports your account can be useful.

Find out more: Gathering evidence after a work injury - checklist

Reporting a cherry picker accident

Although employers are only required to report more serious accidents, reporting any accident or injury at work is best practice.

Once you have received medical attention and the site of the accident has been made safe, you should report the incident to your manager or supervisor. If you cannot, ask someone else at your workplace to do so. If you are a contractor you should inform the person you report to.

A record of the accident should be made in the company’s accident book. If your manager tells you that they are completing the accident book, ask to see a copy. Companies with fewer than 10 employees are not required to have an accident book, although most will. If there is no accident book, write up a detailed account, give a copy to your employer and keep another copy for yourself.

Find out more: Reporting a work accident

Can I claim for a cherry picker injury?

You should be entitled to make an injury claim if you were injured while working with a cherry picker, or if you were injured by a cherry picker at your place of work.

You can also claim compensation if your work or working conditions have caused you to develop a health condition or become sick, such as carpal tunnel syndrome or dermatitis.

It may be more difficult to claim if your injury was caused by your own actions, doing something against company policy, but you should still speak to a solicitor in such cases to discuss your options.

What can I claim after a cherry picker accident?

After an accident on a construction site, you may be able to claim for SSP and other benefits if your injuries mean you are not able to work.

You may not be able to claim certain benefits if you are already receiving Jobseeker's Allowance or Universal Credit payments.

You may also be able to make a work accident compensation claim. If you are unable to cover the living costs of you and your dependents after the accident, you may be able to get an interim payment ahead of your compensation award.

How will my employment status affect my right to claim?

If you are employed and have a valid claim, making a claim against your employer is relatively straightforward. If you are self-employed, working through an agency placement or on a zero-hours contract, a claim may still be possible but the process will be different.

Read more about claiming if you are:

How much compensation will I get?

Work accident compensation awards are calculated based on two factors:

  • The pain and suffering you have experienced, and the impact of your injuries on your life (called general damages)
  • The financial costs you have incurred (called special damages)

Injury compensation is worked out with reference to an official table of guideline amounts. During the claims process, your solicitor will arrange for an assessment of your injuries to determine which table values are applicable.

Our calculator uses the official guidelines to give you an idea of the compensation you could receive.

How to make a No Win, No Fee claim

Work accident claims can almost always be made on a No Win, No Fee basis. No win, no fee means that if your claim is not successful, you will not have to pay your solicitor any legal fees.

When you formally instruct your solicitor, you sign a conditional fee agreement, or CFA. This CFA sets out the details of how No Win, No Fee works. The CFA also sets out what your solicitor will be paid if the claim is successful and you are awarded compensation.

Find out more: Making a No Win, No Fee claim

Get the right advice

We offer free, impartial advice to injured workers in the UK. We will listen to what happened, answer your questions and clearly explain your options.

If you decide to claim, we can recommend the right solicitor for your circumstances.

0800 218 2227

We open at 8am.

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