Cherry Picker Accidents Compensation.

Due to the size and nature of a cherry picker, there are a number of different types of accident that could occur, including:

• Falling – The operator may fall from the elevated platform which can cause a variety of injuries depending on how high the platform is at the time of the fall. Accidents can also occur due to items falling from the cherry picker basket and striking people below.
• Entrapment – The operator may become trapped between the basket of the cherry picker and a fixed structure, or they may become trapped against the controls, thus preventing the machinery from being shut down.
• Overturning – The cherry picker may overturn, resulting in the operator being thrown from the basket, or other workers could be crushed or struck by the equipment as it falls.
• Collision – The cherry picker may collide with another vehicle, with a pedestrian, or it may hit overhead cables which can then lead to electrocution amongst other injuries.

If you have been involved in any type of accident involving a cherry picker or MEWP, which occurred through no fault of your own, you may be able to pursue legal action against those responsible. Here at Lanyon Bowdler our Personal Injury Team have the expertise to guide you through the legal process and ensure the best possible outcome for your case.

Cherry pickers are heavy plant machinery and should only be operated by trained personnel, in a safe and suitable environment, and only used for their intended purpose. A lack of due care and attention can potentially pave the way for accidents to happen.

Some of the most common causes of cherry picker accidents include:

• Poorly maintained machinery – In order to remain fit for purpose, cherry pickers should be regularly serviced and maintained by a qualified engineer. When proper maintenance does not take place regularly, the machinery can run into a state of disrepair, which can make it unsafe to operate. It is the responsibility of the employer to ensure that all machinery is maintained in safe working order at all times.
• Inappropriate use – Cherry pickers should only be used for their intended purpose. If workers attempt to use the machinery on a task for which it was not designed, or use it for a longer period than it is able to cope with, the risk of an accident occurring increases.
• Inadequate training – Operating a cherry picker or MEWP is a highly skilled job which requires comprehensive training. It is the responsibility of the employer to ensure all cherry picker operatives are fully trained; if an employer allows an untrained employee to operate the machinery and it leads to an accident, they will be held liable for any injuries that occur as a result.
• Operator negligence – Operating a cherry picker comes with a level of responsibility to ensure that the machinery is operated safely in order to minimise the risk to others. If the operator is negligent in their actions, for example knowingly operating a cherry picker which they know is not fit for purpose, it can result in injury to other workers.
• Lack of PPE – Under the Personal Protective Equipment at Work (Amendment) Regulations 2022 employers have a legal obligation to provide free PPE to all workers, including those who are employed on a zero hours contract, and those who are self-employed. Failure to provide appropriate personal protective equipment can increase the risk of injury if an accident occurs.

If you have been involved in a cherry picker accident at work that wasn’t your fault, you may be entitled to claim compensation. If a fellow employee was responsible for the accident you may still be able to claim against your employer, as your employer is ultimately responsible for the actions of all employees on site, and they should have appropriate liability insurance to cover any such eventuality.

Cherry picker accidents can result in minor injuries, such as cuts and bruises, through to severe injuries such as broken bones and head injuries, and in some cases a cherry picker accident can result in fatality. Whether you have suffered a life changing injury, or your injuries are more superficial, you can still make a claim for the suffering you have endured.

The kinds of injury that you can claim compensation for after a cherry picker accident include:

• Cuts and lacerations
• Fractures and broken bones
• Crushed bones
• Loss of limbs
• Head injuries
• Brain damage
• Neck injuries
• Back and spinal injuries
• Internal injuries
• Psychological injuries

This list is not exhaustive, and if you have suffered any kind of physical or mental injury as a result of a cherry picker accident which occurred due to somebody else’s negligence, you are entitled to pursue legal action. Here at Lanyon Bowdler we have helped many clients in your situation to seek justice and receive financial compensation for their injuries after a cherry picker accident, so please don’t hesitate to contact us to find out how we can help you.

Cherry pickers and MEWPs are used every day in a variety of workplaces that require employees to conduct work at heights, such as construction sites and warehouses. Working at height using heavy plant machinery like cherry pickers carries significant risks to workers if the correct safety measures are not implemented and adhered to.

If you are required to work at height using a cherry picker or mobile elevated platform, your employer has a legal and moral obligation to establish and maintain a safe working environment in line with current health and safety legislation.

Under the Health and Safety at Work Act 1974, and the Working at Height Regulations 2005 all employers must ensure they are compliant with the following precautions:

• Ensuring the right machine is used for the job
• Carrying out regular maintenance and servicing of all equipment
• Considering the weather and ground conditions prior to commencing work
• Ensuring all employees who operate or work in close proximity to cherry pickers are fully trained and aware of safety protocols
• Ensuring cherry picker operatives are fully trained and are in good health before operating the machinery
• Providing employees with appropriate PPE and safety equipment such as hard hats and harnesses
• Ensuring the cherry picker is positioned safely before work commences
• Ensuring the weight and angle of lift are assessed before use

If your employer has failed in their fulfilment of their responsibilities and it has resulted in an accident occurring, in which you have sustained an injury, you may be entitled to make a claim for compensation. Our experienced and highly qualified personal injury team are on hand to discuss your case and offer advice and guidance.