Within this guide, we will set out the eligibility requirements that must be met in order for you to be eligible to claim for a head injury in construction. As well as discussing the various parties that may owe you a duty of care while you are working on a construction site, we will also provide examples of accidents that could lead you to suffer a head injury.
Additionally, we will share the different forms of compensation that may be awarded for successful construction site accident claims. This guide will also set out some examples of evidence that could be used to support personal injury claims for a building site accident.
Furthermore, we will look at how a personal injury solicitor on our panel could help you make a construction site injury compensation claim on a No Win No Fee basis.
If you have any questions regarding how much compensation you may be eligible to receive for your injury, you can contact our advisors. To connect with them today, you can:
- Call 0208 050 2736
- Using our live chat feature to start a conversation.
- Fill out our online contact form to receive a callback.
Choose A Section
- When Are You Eligible To Claim For A Head Injury In A Construction Accident?
- How Could A Head Injury In Construction Work Be Caused By Employer Negligence?
- Head Injury Compensation Calculator – How Much Could You Receive?
- What Evidence Could Help You In A Claim For A Head Injury In Construction Work?
- Make A No Win No Fee Head Injury Claim Due To A Construction Accident
- Read More About Making Head Injury Claims At Work
When Are You Eligible To Claim For A Head Injury In A Construction Accident?
The duty of care owed by employers to their employees is outlined in the Health and Safety At Work etc. Act 1974 (HASAWA). This states that employers are required to take both practicable and reasonable steps to ensure that workers are safe as they perform their jobs.
Also, the Construction (Design and Management) Regulations 2015 outlines how those responsible for building and construction sites can take steps within the industry to improve overall safety.
Various companies such as electric, scaffolding and plumbing may be working on a construction site. Furthermore, there may also be a site manager and main contractor if your employer does not perform these duties. These individual parties may also owe you a duty of care while you are working on a building site. This means that who owed you a duty of care in regard to your particular accident and injury will affect who you make your claim against.
To be able to make a claim for a head injury in construction, you will need to meet the following requirements:
- You were owed a duty of care.
- This duty was breached.
- The breach resulted in you suffering a head injury.
Contact our advisors today to see whether you may be eligible to claim head injury compensation.
How Could A Head Injury In Construction Work Be Caused By Employer Negligence?
There are various ways that you could suffer a head injury on a construction site. Some examples of accidents that could lead to employees suffering serious head injuries include:
- An employee is not provided with appropriate personal protective equipment (PPE), such as a hard hat. Due to this, they suffer a serious head injury when work materials fall onto their head.
- A colleague is required to operate a forklift truck, despite receiving no training on how to use one. Due to this, they collide into you, and you suffer a brain injury as well as a back injury.
- Scaffolding on a construction site has been poorly constructed. Due to this, a construction worker falls from a height and suffers a head injury as well as a broken arm.
These are only a few examples of accidents that may lead to a building site injury claim. To see whether you may have a valid claim, you can contact one of the advisors on our team.
Head Injury Compensation Calculator – How Much Could You Receive?
If you make a successful claim for a head injury in construction, your settlement will include general damages. This compensates you for the pain and suffering your construction site injuries have caused you to experience.
Those responsible for calculating this amount can refer to available medical evidence alongside additional documents, such as the Judicial College Guidelines (JCG). This document lists guideline compensation brackets for a range of injuries at varying severities.
We have used some of the JCG’s guidelines relating to head injuries when creating the following table. Please only use it for guidance. Also note that the first entry does not feature within the JCG.
Compensation Guidelines
| Area of Injury | Severity | Award Bracket Guideline | Notes |
|---|---|---|---|
| Multiple Injuries of a Severe Level with Special Damages | Severe | Up to £1 million plus | This award reflects multiple, severe injuries along with the associated loss of earnings, medical expenses and care costs incurred. |
| Head | (a) Very Severe | £282,010 to £403,990 | Case where some ability to follow basic commands remains but otherwise there is little meaningful response to environment and no language function. Full time nursing care required. |
| (b) Moderately Severe | £219,070 to £282,010 | Serious disability that demands substantial dependence on others. Disabilities may include an impairment of intellect and limb paralysis. | |
| (c) Moderate (i) | £150,110 to £219,070 | Moderate to severe intellectual deficit with a change in personality and impact on sight and speech. Increased risk of epilepsy. | |
| (c) Moderate (ii) | £90,720 to £150,110 | Cases where the ability to work is either greatly reduced or removed completely, with a moderate to modest intellectual deficit. | |
| (c) Moderate (iii) | £43,060 to £90,720 | Instances where memory and concentration are impacted and capacity for employment is reduced. | |
| (d) Less Severe | £15,320 to £43,060 | Here a good recovery is made and the person can return to normal life and social activities. However, poor concentration and mood problems may persist. | |
| (e) Minor Injury | £2,210 to £12,770 | Cases which resolve within two to three years (approximately) or where a full recovery occurs within a few weeks. |
Claiming Special Damages As Part Of A Head Injury At Work Claim
Any financial losses you have suffered due to your injuries may also be compensated as part of your claim. These would be compensated under special damages, and may include:
- Medical costs, such as paying for prescriptions.
- Loss of earnings, both past and future, due to taking time off work.
- Travel expenses, such as train fares, to essential appointments,
- Care costs if you required a carer.
It’s important to have statements, payslips, receipts and other forms of evidence that prove these out-of-pocket expenses if you want to include them in your claim.
To receive a free valuation for your claim for a head injury in construction, you can contact our advisors.
What Evidence Could Help You In A Claim For A Head Injury In Construction Work?
Gathering sufficient evidence could help support you when making a claim for a head injury in construction. This evidence needs to demonstrate how the accident happened, who was liable and the severity of the head injury you suffered.
Examples of evidence that could be used to support head injury compensation claims include:
- Photos of the accident site.
- Contact details of any witnesses so that they can provide a statement later on.
- Any available CCTV footage of the accident.
- A written record of your accident in the workplace accident logbook.
- Copies of your medical records stating your head injury and the treatment you have received for it.
One of the solicitors on our panel could help you with gathering evidence to support your construction accident compensation claim. Contact our advisors today to discuss your case and to see if you could be eligible to work with one of them.
Make A No Win No Fee Head Injury Claim Due To A Construction Accident
One of the specialist solicitors on our panel could help you with making a claim for a head injury in construction. In addition to helping you gather evidence, and negotiating a settlement on your behalf, they may offer their services to you on a No Win No Fee basis under a Conditional Fee Agreement (CFA).
Some of the benefits of having a solicitor help you claim compensation under a CFA include:
- No upfront service fees to pay.
- No ongoing service fees to pay.
- Nothing to pay for their work if the claim is not a success.
- If your construction accident claim is a success, you will owe them a success fee. This fee will be taken by your solicitor out of your compensation. However, there is a legal limit is place for the percentage that your solicitor can take as this fee.
Contact Us
To discuss your head injury compensation claim today, you can contact our friendly team of advisors. They can offer you free advice and answer any questions you may have about the claims process.
To speak with an advisor about your construction site accident claim, you can:
- Call 0208 050 2736
- Use our live chat feature to start a conversation.
- Fill out our online contact form to receive a callback.
Read More About Making Head Injury Claims At Work
You might find the following guides by use useful:
- This guide discusses forklift accidents at work claims in detail.
- Here is a £75,000 case study for a construction accident site claim.
- FAQs on manual handling claims following an accident at work.
These external resources can help as well:
- Information on head injuries and concussions from the NHS.
- The Health and Safety Executive (HSE) has information on health and safety statistics for workplace accidents.
- See the GOV.UK website on claiming compensation after an accident or injury in this guide.
Contact our advisors to see whether you could be eligible to claim for a head injury in construction.