Cherry Pickers are mainly used in the construction industry and are used to allow people to work at a height. Scissor lifts are also used for this purpose. These machines are commonly known within the industry as Mobile Elevating Work Platforms (MEWPs).
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Many accidents happen while the person operating the machine is elevated hence why falling from a height is one of the most common cherry picker accidents. It is not just employees that can be involved in these accidents but also members of the public who may sustain an injury while passing by.
All employers have a duty of care to ensure the health and safety of employees while at work. A breach of this responsibility could result in workplace accidents and injuries. Employers may be found liable if it is found that there was a breach of their duty of care. It is important that all health and safety regulations are followed by both employers and employees so that the chances of workplace injuries are reduced. Under the Safety, Health and Welfare at Work Act, 2005 employers have certain duties which allow for the safety of all employees and visitors to the workplace. These duties include;
Employees also have a duty of care to both themselves and their co-workers to ensure that they do not act in a negligent manner which may lead to injury. If it is found that they were acting in a negligent manner they may be found liable.
These regulations are in place to ensure the safety of those who are required to work at a height. These regulations state that working at a height should be avoided if possible. If it is necessary for this work to be carried out employers have a duty of care to ensure that the work is done in a safe way using the correct equipment and tools. If a cheery picker is to be used all those who will be using the machinery should be trained on how to use it in a safe manner. This also ensures that the correct procedures are followed in the case of an emergency. Employers should also ensure that there are safety measures in place to ensure that there are no injuries sustained by members of the public.
Safety regulations should be followed by all in the company to ensure that nobody sustains injuries that could have been avoided.
Some of the common injuries sustained from a cherry picker accident include:
There is a certain risk associated with working from a height so it is important that employees are properly trained on how to correctly use equipment and machinery. Inadequate training can lead to accident and injury of both employees and members of the public. Insufficient training is a common cause of workplace accidents so it is important that employees attend any training that is provided to them prior to completing a job.
If an employee is acting negligently during the course of their work it is likely that an accident will occur. The chance of an accident occurring is greater if the cherry picker is not used for the purpose intended. If you have been injured while using a cherry picker and it has been found that you were acting in an unsafe manner, it is likely that you will be found liable. Another example of this is if the cherry picker is hit by another vehicle operated by another employee.
It is the responsibility of an employer to ensure that all equipment and machinery used in the workplace is maintained to a high standard to ensure the safe use and health and safety of employees. A poorly maintained cherry picker could result in an accident which the employer may be found liable for.
As those using a cherry picker will be up at more of a height than others it is likely that items may fall from the cherry picker injuring other employees or members of the public. It is important that precautions are in place to reduce the risk of items falling if they are not secured properly.
If a cherry picker was to overturn, it can not only affect the person operating it but also people that are working close by.
Following an accident at work, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after an accident at work, take a second to assess yourself to determine if you have any injuries and seek the relevant medical attention. If you have sustained a serious injury ensure that you contact an ambulance to attend the scene.
For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to more serious injuries in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
It is critical to report the accident to your superior, i.e. a supervisor or manager on site. It doesn’t matter how small you think the accident may be. By law, accidents at work are required to be reported if the person is injured and can’t perform their daily work tasks for more than three days. Make sure to fill out an Accident Report Form. This can be used for reference in any medical examination and will also prevent any similar accidents from happening in the future.
If possible, try to collect the contact details of anybody that witnessed your accident. This may be of use if you do decide to pursue a workplace accident claim. It is also useful to find out if there is any CCTV in the area where your accident happened.
It is important that you collect all the relevant information in connection with your accident:
If you are considering moving forward with a workplace accident claim for any personal injuries sustained, it is advisable that you speak with a workplace accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Personal Injuries Assessment Board (PIAB) for assessment. A workplace accident solicitor can help you in preparing your application to the Personal Injuries Assessment Board (PIAB) and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.
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Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist workplace accident solicitor to help you with this.
When you decide you want to move forward with your workplace accident claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
Solicitors are aware of the workplace accident claim process and can avoid any legal bumps in the road you might encounter if you did this process yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or hospital details so they can obtain a report on your injuries.
As soon as your solicitor has gathered all the information, your workplace accident claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage you have a choice to accept the Injuries Board assessment or reject it and move the next step.
At this point one of two scenarios will unfold:
a. If both you and your employer accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or your employer reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey’s we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your workplace accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with a workplace accident claim you may be entitled to claim compensation for the accident and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a workplace accident.
Special damages are out of pocket expenses incurred as a result of the workplace accident, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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