Gardener Injury Accident At Work Compensation Claim

This guide will explore the process of making a gardener injury compensation claim.

gardener injury compensation claim

Gardener Injury Compensation Claim Guide

If you are a gardener or groundsperson who has been injured in an accident at work due to your employer breaching their duty of care, you may be eligible to make a personal injury claim. Throughout this guide, we will explore the eligibility criteria that need to be met in order to have valid grounds to do so, including the time limits in place for starting legal proceedings.

There are many accidents that can cause a gardener or groundsperson harm at work. We will share some examples in this guide, whilst also looking at the legislation which sets out the employer’s duty of care.

You can also find details on the evidence you can gather to support your personal injury claim. We also explore how compensation settlements can be calculated and what they could include. 

Finally, we will discuss the advantages of working with one of the personal injury solicitors from our panel on a No Win No Fee basis to seek compensation.

If you have any questions or want to talk to someone about your potential claim, you can speak to our advisors for free. To get in touch, you can:

  • Give us a call on 020 3870 4868
  • Use our contact form to enquire about your claim online.
  • Try live chat at the bottom of this page.

Select A Section

  1. Could You Make A Gardener Injury Compensation Claim?
  2. Examples Of Gardening Injuries At Work
  3. How Do You Prove Your Workplace Accident Claim?
  4. Calculating Gardener Injury Compensation Claim Payouts
  5. Get Support From A No Win No Fee Solicitor
  6. Learn More About Making A Gardener Injury Compensation Claim

Could You Make A Gardener Injury Compensation Claim?

To have valid grounds to pursue a personal injury claim, you would be required to prove that:

  • Your employer owed you a duty of care at the time and location of the accident.
  • They breached their duty of care to you.
  • The breach caused you to sustain harm, either physically or psychologically.

In personal injury claims, these criteria are the foundation for establishing negligence.

The Health and Safety at Work etc. Act 1974 (HASAWA) applies a duty of care on employers to protect their employees. Section 2 states that employers must take reasonable and practicable steps to ensure the safety and well-being of their employees at work or as they carry out their work-related tasks. Examples of how they can uphold their duty of care can include:

  • Providing safety equipment such as safety goggles or gloves.
  • Giving any necessary training.
  • Maintaining all equipment and making sure it is safe and fit for purpose.

If there is a failure to uphold this duty of care, and this subsequently results in you experiencing an injury, you could be eligible to seek personal injury compensation.

Time Limits On Workplace Injury Claims

Personal injury claims need to be started within the time limit outlined in the Limitation Act 1980. Generally, this is three years from the date of the accident. However, there can be exceptions.

Contact our team of advisors via the details provided above for free guidance to discuss if you’re eligible to make a gardener injury compensation claim and how long you have to do so.

Examples Of Gardening Injuries At Work

There are several ways an accident could occur in a garden, leading to an employee becoming injured. For example:

  • Accidents could occur when working at a height if equipment provided for doing so is faulty. For example, an employee may be given a defective ladder to stand on when cutting back trees or hedges, causing them to fall from a height. This could result in them sustaining a head injury, broken or fractured bones or bruising.
  • A lack of training on how to safely use workplace equipment could result in serious injuries, such as amputations. For example, an employee may be given an electric saw to use without any training. As a result, they lose control of the equipment and sustain a traumatic hand amputation.
  • A lack of personal protective equipment (PPE) could lead to an employee sustaining an injury. Employers have a duty of care to provide necessary PPE to reduce the risk of injury where this cannot be removed. For example, it may be necessary to provide an employee with safety goggles and gloves when working chemicals. A failure to do so could mean an employee has liquids splashed in their eye causing them temporary vision loss, or they sustain a chemical burn to their hands.

To discuss your specific case and find out whether you’re eligible to make a gardener injury compensation claim, please call an advisor on the number above.

How Do You Prove Your Workplace Accident Claim?

In order to prove employer liability, you can gather evidence to demonstrate that they breached their duty of care, and as a result, you became injured. Examples of the evidence you could collect can include:

  • CCTV footage of the accident.
  • Photographs which show the immediate scene or the cause of the accident, as well as any injuries sustained.
  • Reports in the workplace accident log. 
  • Medical records, including copies of X-ray scans and any prescribed medications. 
  • Contact details of possible witnesses. 

If you need help with building your case, please contact an advisor to see whether a solicitor from our panel could provide assistance. Should you have an eligible claim and choose to work with a solicitor, they could guide you through the personal injury claims process to help you seek compensation.

Calculating Gardener Injury Compensation Claim Payouts

Settlements awarded following a successful personal injury claim can comprise compensation for the physical and mental harm you experienced due to your injuries. The head of claim that compensates for this aspect of your injuries is called general damages.

The below table shows guideline award brackets laid out by the Judicial College Guidelines (JCG). Solicitors can use the JCG alongside medical evidence provided in support of your case to help them value your injuries.

Please only use the figures as a guide because settlements are calculated on a case by case basis.

Guideline Compensation Table

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Injury Severity Compensation Brackets – Guidelines Notes
Hand Total or Effective Loss of Both Hands £140,660 to £201,490 A serious injury that results in both hands sustaining extensive damage rendering them little more than useless.
Arm Severe £96,160 to £130,930 Injuries which do not require amputation but mean the injured person is barely better off than if the arm had been lost.
Arm Permanent and Substantial Disablement £39,170 to £59,860 One or both forearms experience serious fractures resulting in a significant and permanent residual disability, either functional or cosmetic.
Brain damage Moderate (iii) £43,060 to £90,720 Cases where concentration, memory and senses are affected and the ability to work is reduced.
Leg Severe (ii) £54,830 to £87,890 Permanent issues with mobility from very serious injuries, as well as the need for crutches or mobility aids for the rest of the person’s life.
Back Severe (iii) £38,780 to £69,730 Cases of disc lesions or fractures, or soft tissue injuries that result in chronic conditions.
Shoulder Severe £19,200 to £48,030 Often associated with neck injuries or serious brachial plexus damage, which causes a disability of a significant nature.
Ankle Moderate £13,740 to £26,590 Less serious disabilities from fractures or other similar injuries.
Foot Modest Up to £13,740 This bracket includes injuries such as fractures of the metatarsal that are simple in nature as well as puncture wounds and straightforward lacerations.
Eye Minor £3,950 to £8.730 Minor injuries include being splashed by liquid which leads to initial pain and temporary visual impairment.

Special Damages

You could also receive compensation for financial losses incurred as a result of your injuries under special damages. For example, if you experienced harm as a gardener at work, you could have incurred:

Evidence, in the form of receipts, invoices and wage slips, can help prove any losses.

To discuss the potential settlement that could be awarded following a successful gardener injury compensation claim, please speak to an advisor on the number above.

Get Support From A No Win No Fee Solicitor

If you have a valid claim, and you wish to seek legal representation, a No Win No Fee solicitor from our panel could offer a contract to you called a Conditional Fee Agreement (CFA). This typically allows you to access their services without the need to pay upfront, as your claim proceeds or if your claim is unsuccessful.

If your case succeeds, your solicitor will deduct a success fee, taken as a percentage, from your compensation. The percentage is capped by the Conditional Fee Agreements Order 2013. 

Contact Us

You can speak to an advisor to find out more about your eligibility to pursue a gardener injury compensation claim. They can also offer to perform a free case assessment. Should our team find that you have valid grounds to seek compensation for your injuries, you could be put in touch with an expert solicitor from our panel. 

Alternatively, if you require further information about the claims process, they can answer any questions you might have. To reach them, you can:

  • Give us a call on 020 3870 4868
  • Use our contact form to enquire about your claim online.
  • Try live chat at the bottom of this page.

Learn More About Making A Gardener Injury Compensation Claim

For more of our helpful guides relating to accidents at work:

You may also find these resources useful to you.

Thank you for reading our guide on the process of making a gardener injury compensation claim. If you have any other questions, please speak with an advisor on the number above.

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