Compensation for a Banksman or Signaller Injured At Work

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

When and How To Make a Personal Injury Claim

Working as a banksman is a vital role in the construction, logistics, and transport industries and there is compensation for a banksman or signaller injured at work. These professionals are responsible for guiding vehicles and machinery around busy or hazardous sites, ensuring the safety of workers, pedestrians, and property.

However, this role comes with its own set of risks. The Health and Safety Executive (HSE) has released a report detailing a £1 million fine after a worker was killed by a reversing HGV during a delivery in Manchester.  In the role of banksman, the employee of a London based company was guiding the reversing vehicle into an unloading area when he was caught between the wall and vehicle. He suffered from fatal injuries.

The HSE found that the banksman had not had sufficient training and that the company had failed to implement a safe system of work for vehicle movements.

If you’re a banksman and have suffered an injury at work due to employee negligence, such as insufficient training, you may be entitled to compensation through a personal injury claim.

What Is a Banksman or Signaller

A banksman is sometimes referred to as a slinger, signaller or traffic marshal. They are responsible for directing vehicles and heavy machinery safely around construction sites, warehouses, and loading areas. Their job may include:

• Signalling drivers when reversing or manoeuvring vehicles
• Controlling site traffic
• Coordinating vehicle movement with site operations
• Ensuring loading/unloading is done safely
• Spotting hazards or obstructions and reporting them

As the role places the worker in proximity to moving vehicles and machinery, the risk of accidents and injuries is considerably high if proper safety protocols are not followed.

Common Work Accidents for Banksmen

Banksmen are exposed to a range of occupational hazards. Some of the most common types of workplace accidents involving banksmen may include:

1. Being struck by a moving vehicle
   Banksmen are often close to reversing or manoeuvring vehicles, such as HGVs. A lack of communication, poor visibility, or driver error can result in serious injuries or fatalities.
2. Crush injuries
   Standing between vehicles and fixed objects without sufficient space can result in crush injuries.
3. Falls and slips
   Uneven surfaces, poor lighting, or wet conditions can cause banksmen to potentially slip or fall.
4. Manual handling injuries
   Though primarily responsible for signalling, banksmen may occasionally assist with unloading or moving materials. This brings a risk of back injuries or strains.
5. Lack of PPE or high-visibility clothing
   If a banksman is not provided with proper personal protective equipment, especially high-vis gear, the risk of not being seen by machinery operators increases.

Employer’s Duty of Care

Employers have a legal obligation to ensure the health, safety, and welfare of their employees under strict regulations. This means employers are required to:

• Provide proper training for all banksmen and signallers
• Ensure clear communication methods between banksmen and drivers (e.g., radios, hand signals)
• Maintain the work environment to reduce risk (adequate lighting, clear signage, safe walkways)
• Provide and enforce the use of appropriate PPE
• Conduct regular risk assessments and take necessary precautions

If an employer fails in these duties and an accident occurs, they may be held liable if there was negligence.

When Can You Make a Personal Injury Claim?

You may be eligible to make a claim for compensation if you are injured in a work-related accident as a banksman or signaller and:

• The injury was caused by negligence or breach of duty by your employer
• A third party (e.g., a subcontractor or site visitor) was responsible for your accident
• The accident occurred in the past three years. There are exceptions for mental capacity or claims involving minors.

Examples of situations where you can claim:

• You were struck by a vehicle that did not receive correct instructions because of poor communication tools
• You were injured due to lack of training or unclear safety protocols
• You slipped on a poorly maintained site surface while working
• Your employer failed to supply high-vis clothing and you were not seen by a reversing driver
• Your injuries were exacerbated because you didn’t receive first aid promptly or there was no procedure in place

Evidence Needed to Support Your Claim

To strengthen your personal injury claim, it is important to obtain as much evidence as possible. This can include:

• Accident report: Ensure the incident is reported in your workplace’s accident book.
• Medical records: Visit a doctor or hospital to have your injuries recorded and treated. Your medical records are essential for a claim.
• Photographic evidence: If possible, take photos of the accident scene, your injuries, and any hazards.
• Witness statements: Colleagues who saw the accident may provide supporting testimony.
• CCTV footage: If the area was under surveillance, this can serve as crucial evidence.
• Training records: If you were not properly trained for the job, your employer’s failure to provide training can support your claim.

How Much Compensation Can You Receive?

The compensation you receive depends on several factors, including:

• The severity and long-term impact of your injury
• Loss of income and future earning potential
• Medical expenses and rehabilitation costs
• Travel costs related to treatment
• Psychological distress (e.g., PTSD, anxiety)
• Impact on your quality of life

Your personal injury solicitor will be able to provide you with an estimate regarding your particular claim.

How to Start a Claim

Most personal injury claims begin with contacting a specialist solicitor or law firm experienced in work accident claims as these can be complex. However, here’s the general process:

1. Initial consultation – The solicitor will assess your case and advise on the likelihood of success.
2. Gathering evidence – Your legal team will help collect necessary documents and expert reports.
3. Notifying the employer – A letter of claim is sent to your employer outlining the incident and alleged negligence.
4. Negotiations – Your solicitor will attempt to negotiate a fair settlement with the employer’s insurance company.
5. Court proceedings (if necessary) – If an agreement can’t be reached, the case may go to court.

However, most cases are settled out of court, especially when the evidence of negligence is strong.

What To Do Next

If you’re a banksman or signaller who has been injured in a workplace accident, you you may be entitled to compensation to help you recover, cover your expenses, and support your future.

Acting promptly is key – evidence can fade, and the three-year time limit is strict in most cases.

Our friendly team at Jefferies Claims can guide you through the process and advise you in confidence regarding a potential claim. We work with experienced lawyers who operate on a ‘No Win, No Fee’ basis. T

Take the next step, contact us on 0333 358 3034. Alternatively, complete our online contact form to arrange a telephone consultation – it’s free, confidential and there’s no obligation.