Cherry Picker Accidents
Cherry Picker Accidents & Injury Claims: MEWP Cherry Picker Platform Injury Lawyers
Have you or a loved one been injured in a Cherry Picker Accident as a result of someone else’s negligence?
An aerial work platform, also known as a Cherry Picker or Mobile Elevated Work platform (MEWP) is a plant vehicle commonly used to enable workers to gain access to hard to reach places, usually at height. They are used by workers in many industries such as Construction, Industrial Window Cleaning and Fruit Picking to name a few.
If you or a loved one has been injured in a Cherry Picker Accident then you may be entitled to pursue a claim for financial compensation. Please speak to one of our team for the best immediate advice.
As with any activity performed at height there are safety risks involved which need to be safeguarded against. Employers are bound by law (Health & Safety at Work Act 1974 and Working at Height Regulations 2005) to ensure that any employees required to operate a Cherry Picker, or work at height on the elevated platform are properly trained and equipped to perform the task both competently and safely.
Despite these Regulations and both employers and employees going to great lengths to achieve zero harm in the workplace, accidents do still happen. In fact, an estimated 3% of all fatal constriction accidents are reported to involve Cherry Pickers.
If you or a loved one has been injured in a Cherry Picker Accident and you believe that it was the result of someone else’s negligence then you may be entitled to pursue a claim for financial compensation. The best way to gain clarity on whether you do have a solid case is to call and speak to one of our expert work injury lawyers. We offer a free, initial consultation where we will listen to the circumstances of the accident and then advise you with a high degree of confidence whether there is, in fact, a legal case to be answered.
At Sheldon Davidson Solicitors we recognise that just making that initial first step can be a daunting task, but you will find all of our experts to be extremely mindful of any trauma you suffered, and we approach all our cases with the utmost compassion and professionalism,. We believe it is this approach, coupled with our extensive legal experience that sets us apart from other personal injury lawyers and it is why we are the go-to personal injury law firm serving Greater Manchester.
If you are struggling to make that first step and need someone on your side, to fight your corner, then Sheldon Davidson are the right legal partner for you. Call us today and experience our unique approach for yourself.
Causes of common Cherry Picker accidents
Although the specific circumstances of any accident are unique there are still common causes which time and again lead to people being injured. For Cherry Pickers these include:
If the Cherry Picker is used for a task it was not designed for then the risk of an accident increases. Such examples would be using the Cherry Picker for a prolonged period, when in fact scaffolding would be more appropriate or positioning the Cherry Picker over live wires or other hazards.
Poorly maintained Cherry Pickers
As with any equipment it needs to be properly maintained, in accordance with the manufacturer’s guidelines in order to remain fit for purpose and to ensure safety in use. When proper and regular maintenance does not take place the risk of an accident increases. Employers can be deemed liable if an accident has occurred and it is found that equipment such as a Cherry Picker was not properly maintained.
Negligence of Cherry Picker Operator
In most cases the operator is the person eventually injured as a result of falling from a height, however, accidents can also impact people on the ground, working, or walking underneath the platform, including members of the public. If it is found that negligence was involved, then the court may deem the operator, or even the employer liable and therefore responsible via ‘vicarious liability’.
Inadequate training of Cherry Picker Operative
Employers are responsible for ensuring that anyone required to operate a Cherry Picker is properly trained and competent in the task. Failure to provide proper training that subsequently results in an accident would deem the employer responsible and liable to pay damages to any injured person(s).
How much can I claim for a Cherry Picker accident?
Since the circumstances of any accident are unique it is difficult to provide a definitive figure for the compensation value that can be claimed for Cherry Picker Accidents.
One work accident claim experts will be able to provide guidance on this though, once your specific circumstances are known. As with any claim for injury compensation, the challenge is to demonstrate liability. Once this is proven and acknowledged by the courts then there is a clear party responsible for payment of damages to the injured party. Once this is clear, a sum will be calculated based on two types of damages:
This element of the compensation settlement is considerate of pain and suffering, long-term expected trauma and impact on the injured person’s daily life. It is difficult to predict what this figure will eventually be hence the difficulty in predicting how much can be claimed in advance of settlement.
These are considerate of actual out-of-pocket expenses incurred by the injured party as a direct result of the accident. Such expenses include loss of earnings, medical costs, travel costs, any required adaptations to the home and any care provision in the home.
The best way to ensure your case is firstly successful, and that secondly, the maximum sum is awarded to you by the court is to partner with the right legal team. At Sheldon Davidson, we are passionate about the law and seeing justice done for our clients. If you choose us to represent you we will fight with all our legal might to ensure your voice is heard, justice is done, and you get the compensation you deserve.
We have an excellent track record of success in work injury claims and many satisfied clients whose feedback pays testament to this claim. So, if you or a loved one has suffered a Cherry Picker Accident and you believe negligence was to blame then make that call today and get Sheldon Davidson Solicitors in your corner.
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