Last Updated on July 28, 2025 by tanya

When Can a Banksman File a Personal Injury Claim?

 

A Guide to Employer Negligence and Claiming Compensation

When can a Banksman file a personal injury claim if hurt in an accident at work? Banksmen or signallers are employees who direct vehicle movement at work which is a high-risk environment and requires proper training and safety procedures. If something goes wrong, there may be serious consequences.

This has been highlighted by the Health and Safety (HSE) report on the tragic fatality of a banksman while delivering goods in Manchester.  The accident occurred while he was directing an HGV into an unloading zone and was caught between the vehicle and wall.

The HSE fined the London based employer £1 million for failing to adequately assess the risks involved, provide a safe system of work for moving vehicles, as well as not providing proper training for employees acting as banksmen.

While many companies have strict safety regulations in place, such accidents can occur due to unsafe environments, poor training or poor communication. So, if you or a loved one has been injured while at work due to employer negligence, you may want to find out more about filing a personal injury claim.

 

Our team work with lawyers who are highly experienced in at work accidents and claims who can assess whether you have a viable claim. 

 

A Critical Safety Role

A banksman is responsible for directing vehicles, such as cranes, forklifts, and HGVs, particularly in hazardous or blind spot areas. Therefore, banksmen play a crucial safety role on construction sites, warehouses, and factories, ensuring machinery is operated without risk to personnel or property.

Due to their close proximity to heavy vehicles and machinery, banksmen face significant risks. This potentially includes being struck by a vehicle, slips and falls, or injuries from poorly maintained equipment.

 

When Can a Banksman File a Personal Injury Claim?

You can file a claim for compensation if you were injured during the course of your employment, and the injury was caused by employer negligence or a breach of duty of care.

Here are some real life scenarios that may lead to a claim:

 

• You were hit by a reversing lorry due to lack of proper communication tools (e.g., radios or hand signals).
• You slipped or fell in an area with inadequate lighting or poor ground conditions.
• You weren’t given proper training or PPE (Personal Protective Equipment) for the job.
• Faulty machinery or vehicles caused the accident.
• You were forced to work in unsafe conditions, despite raising concerns.

 

What Is Employer Negligence?

Employers have a legal duty of care to protect their employees. So, employer negligence may occur when your employer fails to provide:

 

• A safe working environment
• Suitable risk assessments
• Adequate training and supervision
• Proper maintenance of machinery and equipment
• PPE and safety protocols
• Safe systems of work

 

If any of these responsibilities are ignored, and an accident occurs as a result, your employer could be legally liable.

 

Steps to Take If You’re Injured as a Banksman at Work

Here is a step-by-step guide on how to start a personal injury claim after a workplace accident:

 

Seek Medical Attention

Get treatment immediately. A medical report is essential evidence for your claim. This also ensures your injury is recorded accurately.

 

Report the Accident

Notify your supervisor and ensure the incident is recorded in the company’s accident book. If your employer fails to log it, keep your own notes and request a copy of any official report.

 

Gather Evidence

Collect supporting documents and information such as:

 

• Photographs of the accident scene
• Witness statements
• CCTV footage (if available)
• A copy of the risk assessment (or evidence of lack thereof)
• Records of safety training (or absence of it)

 

How Long Do You Have to File a Claim?

Usually, you have three years from the date of the accident, or from the date you became aware of your injury, to make a personal injury claim.

If you’re unsure whether you’re still eligible, speak to a solicitor as soon as possible.

 

How Much Compensation Can You Receive?

The amount of compensation depends on:

 

• The severity of your injuries
• Medical and rehabilitation costs
• Lost income (including future loss of earnings)
• Changes to quality of life

 

Each case is unique, and compensation will vary depending on the severity of the injury and its long-term effects. Your solicitor will be able to advise you on potential complication.

 

Tips to Strengthen Your Claim

Here’s some key advice on how to build your claim:

 

• Act quickly: Delays can weaken your case.
• Keep all receipts: Including travel to medical appointments or prescription costs.
• Follow medical advice: This shows you’re serious about recovery and not exaggerating your condition.
• Avoid discussing your claim publicly, especially on social media.

 

Can You Be Fired for Making a Claim?

It is illegal for an employer to terminate or retaliate against you for making a legitimate injury claim. If this happens, you may also have grounds for a constructive dismissal or unfair dismissal case.

 

Contact Us for a Free, No-obligation Consultation

At First Personal Injury, we specialise in supporting individuals affected by workplace accidents. We work with highly experienced lawyers who operate on a ‘No Win, No Fee’ basis. This means no upfront fees and you can focus on your recovery.

To start the claims process, contact us today by calling 0333 358 2345 or contact us online for a free, no-obligation consultation about your potential claim.