Introduction
Diggers and excavators are essential in construction and groundwork, but accidents involving this heavy machinery can cause severe injuries. If you were injured in a digger accident because of poor training, unsafe working practices, or defective equipment, you may be entitled to claim compensation.
This page explains what digger accidents involve, when employers are responsible, what evidence strengthens your case, and how much compensation you could claim.
At a glance
- Around 34,000 workers were injured through contact with moving machinery between 2021/22 and 2023/24, a rate of 108 per 100,000 workers (Source: WAAC analysis of the HSE LFS data published 12/2024)
- Digger accidents can cause crush injuries, fractures, spinal damage and fatalities.
- Employers must comply with PUWER and LOLER regulations to ensure diggers are maintained and operated safely.
- Compensation can include pain and suffering, medical treatment, rehabilitation, and lost earnings.
- You normally have three years from the date of the accident to start a claim.
Report the accident. Photograph the machine and ground. Get witness names. Note training, seatbelt use and blind spots. Ask for the risk assessment and service records. These steps will help your claim.
John Kushnick
Legal Operations Director
National Accident Law
What is a digger injury?
A digger injury is any harm sustained while operating, working with, or working near diggers or excavators. Accidents often occur on construction sites where vehicles, workers and equipment operate closely together. Common digger accidents include:
- Vehicle overturning – caused by unstable ground or improper use.
- Struck-by accidents – when pedestrians are hit by digger arms or moving vehicles.
- Crush injuries – workers trapped between diggers and structures or vehicles.
- Falls from diggers – entering or exiting the cab without proper steps or handholds.
- Mechanical failures – due to poor maintenance or defective parts.
Examples of digger accidents and injuries
| Accident type | Cause | Possible injury |
|---|---|---|
| Overturning digger | Unstable ground, misuse, overloading | Crush injuries, fractures, spinal damage |
| Pedestrian struck | Poor visibility, lack of barriers or banksman | Head injuries, multiple trauma, fatalities |
| Crush incident | Worker trapped between digger and structure | Amputation, internal injuries, broken bones |
| Fall from cab | No safe steps or handholds | Fractures, back injuries, sprains |
| Mechanical failure | Poor maintenance or defective part | Uncontrolled movement, crush or impact injuries |
Am I eligible to claim?
You may be able to claim if:
- Your digger accident happened in the last three years, and
- Employer negligence, such as poor maintenance, lack of training, or unsafe systems of work, contributed, and
- Medical evidence confirms the injury and its link to the accident.
If unsure, see Do I have a claim and The claim process.
How much compensation can I claim?
The value of a digger injury 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, PUWER regulations, and LOLER regulations. Failure to meet these duties may make them liable. Your employer must:
- Ensure diggers and excavators are regularly inspected and maintained.
- Provide training and certification for operators.
- Carry out risk assessments and put control measures in place.
- Provide banksmen or signalers when visibility is restricted.
- Ensure safe traffic management on construction sites.
Employment status and digger injury claims
A valid 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 digger injury claim
- Accident book entries and incident reports.
- Medical records describing your injury and treatment.
- Inspection and maintenance logs for the digger.
- Training records and certification for operators.
- Witness statements and photographs of the accident scene.
Time limits for digger injury claims
You usually have three years from the date of the accident or the date you realised your injury was linked to unsafe equipment or practices (the “date of knowledge”). Exceptions apply if you were under 18 or lack capacity. See time limits for claims.
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 not the digger operator?
Yes. Pedestrians and co-workers injured by diggers may still claim if employer negligence was involved.
What if the digger was hired from another company?
Your employer remains responsible for ensuring equipment is safe, but liability may also extend to the hire company.
Do I need a medical assessment?
Yes. An independent medical expert will assess your injuries and long-term prognosis. 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