Cherry pickers can be fairly dangerous if something goes wrong. Aside from the obvious working at height, there are particular hazards if your employer fails to properly equip and prepare you for using the cherry picker. So let’s look at a few examples.
One of the most common types of accidents is people crashing them. Although they can be fairly slow, it only takes one clip of something to rock the platform and you could easily fall over or knock yourself on something. So starting with this, could you make a claim for a cherry picker crash?
If the controls were in the hands of a colleague, you should have a strong case. We can allege that your employer is vicariously liable in the event a colleague’s negligence causes you injury. That’s the general rule of vicarious liability. If you are at the helm, then it could come down to training. Have you ever had training in using the picker? Did you crash it because you were unsure of the controls? In this kind of situation, the failure to train could be a path to making a compensation claim. Safety equipment, like a helmet, could be used to prevent a head injury from a fall. So we could take that in to account as well.
So crashing aside, what if the cherry picker breaks? Let’s say it suddenly stops because of a fault, violently jerking you in the same ay a car accident might do. Or what happens if it crashes because something goes wrong and the picker goes out of control? Well if the picker is provided by your employer, it should be covered by The Provision and Use of Work Equipment Regulations 1998.
These regulations, specifically on Regulation 5(1) which states “Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair” can impose a strict liability on an employer. This means that if a piece of equipment breaks and it is owned by your employer, they should be liable even if they could not have prevented the equipment from breaking. So you should have a claim.
Now let’s look at The Work at Height Regulations 2005. These stipulate the following:
4.—(1) Every employer shall ensure that work at height is—
a) properly planned;
b) appropriately supervised; and
c) carried out in a manner which is so far as is reasonably practicable safe.
So there is a duty to make sure that any work carried out at height is done safely to avoid injury. So if you are up high on a cherry picker and you need to do some leaning over the sides, you might want to be harnessed in or at least attached to the picker in the event of a fall. Again, a failure by your employer to do this, or any failure to provide safety equipment, can allow you to make a claim for personal injury compensation.
When it comes to work accidents, there are a lot of rules and regulations involved, so always get in touch with us if you have been injured at work. Call our free claims helpline on 0800 634 75 75.
