I would like to know against whom to claim compensation for JCB accident at work. My husband used to work on a building site before he was run down by a JCB, and the driver admitted that he had made a mistake controlling the vehicle. However, my husband´s employer says that he was just standing in the wrong place at the wrong time and that accidents happen.
It sounds as if there are three potential breaches of health and safety which may qualify your husband (or you on his behalf) to make a claim for compensation for JCB accident at work.
The first is that your husband´s employer should have ensured that the area the JCB was operating in was clearly marked. If your husband ignored hazard warning signs and was injured as a result, the employer may be correct that your husband was in the wrong place at the wrong time, and this would affect your entitlement to claim compensation for JCB accident at work.
However, if the JCB driver made a mistake controlling the JCB due to a lack of training or because of a fault with the vehicle, the employer is fully liable in a JCB accident at work compensation claim, and you would be entitled to claim for the pain and suffering experienced by your husband, the deterioration in his quality of life due to his injuries, any financial costs or lost income you have incurred and for any emotional trauma your husband has suffered.
Accidents of this nature should be reported to the Health and Safety Executive (HSE) through their RIDDOR reporting scheme, and your husband´s employer should already have informed them of what occurred. This should initiate an investigation into the areas of health and safety mentioned above and, if the employer is found negligent and liable for your husband´s injury, this would provide strong support for any claim for compensation for JCB accident at work.
At this point it is likely that you or your husband would be approached with an offer of compensation for JCB accident at work from your employer´s insurers. Historically, these types of “knee-jerk” offers are inappropriate in relation to the compensation for JCB accident at work your husband is entitled to.
Therefore, it is advisable to discuss the circumstances of your husband´s accident, the injuries he sustained and the effect it has had on both your lives with a solicitor, in order that the solicitor can make an accurate assessment of your entitlement to JCB accident at work compensation. The solicitor will also advise you whether it is worth your while to make a claim for JCB accident at work before the HSE concludes its investigation and, if so, guide you through the procedures involved.