Scissor Lift Accident Claims – A Guide to Claiming Compensation

Scissor lifts, sometimes called mobile elevating work platforms (MEWPs), are used to safely access high areas in workplaces like warehouses, construction sites and factories. But if safety procedures aren’t followed, serious accidents can happen. Crucially, if you’ve been injured in a scissor lift accident at work, you might be entitled to compensation. This article about scissor lift accident claims will help you understand your options.

We can offer further help too by way of a free consultation so you can discuss claiming compensation with a legal advisor. They’ll review how your scissor lift accident occurred and check if you have grounds to claim against your employer. If you do, you could be partnered with an accident-at-work solicitor from our team on a No Win, No Fee basis.

If you’ve suffered a scissor lift injury at work and want to talk to us about it, you can:

• Phone 0333 241 2519 to discuss what happened with a specialist.
• Connect to our 24/7 live chat service for free advice.

Getting prompt legal advice after a scissor lift accident can significantly enhance the chances of receiving compensation for the pain, suffering, and financial losses you’ve incurred.

Can I Make a Scissor Lift Accident Claim?

To help reduce the risks of scissor lift injuries, employers must follow health and safety regulations including the Health and Safety at Work etc. Act 1974, as well as specific regulations like LOLER and PUWER. These laws make it clear that employers are responsible for keeping equipment safe and ensuring workers are properly trained.

Some ways employers can fulfil their legal safety obligations when scissor lifts are used include:

• Conducting risk assessments to check that a scissor lift is the best option before the task is carried out.
• Ensuring that the scissor lift is properly maintained and any damage is repaired quickly.
• Train staff on how to work at height safely.
• Ensure staff are given hard hats, safety harnesses and other forms of Personal Protective Equipment (PPE) for free where needed.

If your employer fails in these duties and you’re injured in a scissor lift accident, you could be entitled to compensation.

To find out if you might have a claim, ask yourself:

1. At the time of your accident, did your employer owe you a duty of care?
2. Did your scissor lift accident occur because your employer breached that duty?
3. As a result, have you been left injured?

If you’ve answered yes, or aren’t sure, get in touch with our team to talk things through.

What Types of Scissor Lift Accident Claims Can We Help With?

Importantly, it’s not just those operating the scissor lift who can claim. If you were injured in a scissor lift accident through no fault of your own as an operator, site worker or passer-by, you could be entitled to compensation.

Here are some examples of scissor lift accidents that could result from negligence at work:

• You fell from a scissor lift due to a faulty guardrail or missing harness causing spinal injuries.
• The lift tipped over while you were using it on uneven or unstable ground resulting in a head injury.
• You were crushed at work after being trapped between the lift and a fixed structure overhead.
• An object fell from the lift and struck you while you were working below.
• You were electrocuted while operating a lift near overhead power lines without proper safety checks.

If we have not described the type of scissor lift accident you’ve been involved in, we could still help you to start a claim. Please call our legal advisors to find out more.

What Should I Do If I’m Injured in a Scissor Lift Accident at Work?

If you’re injured in a scissor lift accident, it’s important to follow your workplace’s health and safety procedures both for your own well-being and to support any potential claim.

This usually means:

• Reporting the accident to your supervisor as soon as possible.
• Making sure the incident is recorded in the company’s accident book.
• Getting medical attention so your scissor lift injuries are properly diagnosed and treated.

In some cases, serious scissor lift accidents must be reported to the Health and Safety Executive (HSE). If an investigation is launched, you should cooperate fully and provide any information requested.

What Evidence Can Be Used for Scissor Accident Claims?

If you want to claim compensation for a scissor lift accident at work, any of the following evidence could be used to strengthen your case:

• Photographs of the aftermath of the accident and any scissor lift defects that caused the incident.
• Medical information that proves the extent of your injuries.
• Witness information so that statements can be gathered if required.
• Your copy of an accident report form about the incident.
• Video footage (i.e. mobile phone, CCTV or bodycam recordings).

Additional evidence could also be sought by your solicitor if your case is taken on. For instance, they could ask your employer to forward copies of the scissor lift’s maintenance schedule or they might ask the Health and Safety Executive for a copy of an investigation report if they reviewed the incident.

How Long Do I Have to Claim Scissor Lift Injury Compensation?

You normally have 3 years to make a scissor lift compensation claim in the UK. This is a requirement of the Limitation Act 1980 and, in most cases, the time limit starts from the date of the accident.

There are some exceptions to this rule however so it’s best to get legal advice from a solicitor. One example is when the claimant’s unable to act for themselves. This might be the case, for instance, if they’ve sustained a life-altering brain injury after a fall from height from a scissor lift.

In these types of cases, there is no time limit for claiming whilst the injured party lacks mental capacity and someone else could claim compensation on their behalf at any point by applying to become their litigation friend.

For more information on time limits or representing a loved one in a scissor lift accident claim, please contact us now.

How Much Scissor Lift Accident Compensation Can I Claim?

If your scissor lift accident claim is successful, you may be awarded damages to cover:

• Any physical or emotional pain, distress or suffering (general damages). This element of your settlement could also cover any negative impact your injuries have on your daily activities, social life and hobbies.
• Costs, expenses or other financial losses that can be linked to your injuries (special damages).

Solicitors often use the Judicial College Guidelines (JCG) to value the general damages element of a claim as it lists a range of settlement brackets for different injuries. Before that happens though, they will need evidence of your injuries so they may arrange for an independent medical assessment report to go along with your medical records.

Damages for financial losses could also be paid to cover:

• Travel costs (parking and fuel costs when attending A&E for instance).
• Care at home costs.
• Medical expenses (i.e. physiotherapy, private hospital treatment or prescription fees).
• Lost earnings (including any future losses that are predicted).
• Home adaptations and the cost of mobility aids where the accident resulted in a permanent disability.
• Personal property replacement costs.

If your claim is taken on, your solicitor will carefully consider all aspects of your suffering (including in the future) and check that they are covered in any settlement you are offered.

Do You Need a Personal Injury Solicitor When Claiming for a Scissor Lift Accident?

While it is perfectly fine for you to sue your employer for a scissor lift accident at work without the help of a solicitor, taking on legal representation can make the process much easier, especially if any part of your case is contested by your employer or their insurance provider.

Some of the ways an accident-at-work solicitor could help if your claim is taken on include:

• Ensuring compliance with the pre-action protocols for personal injury claims throughout the case.
• Finding the evidence required to try and prove your version of events.
• Handling communication with your employer’s representatives so you don’t need to speak to them.
• Sending you updates regularly about how the case is progressing.
• Fighting your corner to try and win the claim and to try and ensure that you are properly compensated.

Can I Make a No Win, No Fee Scissor Lift Claim?

Yes. Our panel of solicitors provide a No Win, No Fee scissor lift accident claim service. This means that after you’ve signed a contract (CFA), you will only have to pay your solicitor for their services if you are compensated. This is by way of a success fee which is a pre-agreed percentage of any settlement you receive. For your protection, success fees are no higher than 25 per cent.

To enquire about whether you could make a No Win, No Fee scissor lift accident claim, please call now.

Will I Be Sacked for Claiming Against My Employer?

In law, you cannot be disciplined or fired for starting an honest personal injury claim against your employer.

You could, for instance, start legal action for unfair or constructive dismissal if your claim resulted in you being disciplined, demoted, bullied, singled out or picked on in any way. Please call the number above if you believe you’ve suffered as a result of claiming workplace accident compensation.

How Long Do Scissor Lift Injury Claims Take to Settle?

Unfortunately, there is no set duration for workplace injury claims because each claim is different. As such, let’s look at a couple of examples of how long different scissor lift claims could take:

• Because the scissor lift was raised without warning, you sustained a minor broken wrist at work because it was trapped. You made a swift recovery in around 3 months and there are no ongoing symptoms. You could expect to be compensated in around 4 to 6 months.
• You fell from a scissor lift that was being operated by an untrained labourer in a construction accident. Consequently, you have been left partially paralysed after damaging your spinal cord from the fall. Doctors will need some time to analyse how you’ll suffer in the future and whether you’ll make a complete recovery. Therefore, your claim might take well beyond a year.

Crucially, in longer-term claims, interim compensation might be paid before the case is settled to help you deal with lost earnings, care costs or other immediate expenses.

Contacting Us About a Scissor Lift Accident Claim

If you would now like to start a compensation claim for a scissor lift accident or discuss your options with a legal advisor, you can:

• Call us on 0333 241 2519 now.
• Use our online chat service at any time (open 24/7).

If you’re advised a claim is feasible and you decide to proceed with legal action, we could appoint an accident-at-work solicitor to represent you. At this point, it’s worth reiterating that accepted scissor lift accident claims are normally handled on a No Win, No Fee basis so you’ll only pay for your solicitor’s work if you receive a compensation payout.