By Danielle Coleman. Last Updated 22nd September 2022. This is our guide on claiming compensation for a head injury at work. A head injury in the workplace can occur for a variety of reasons. However, the injury needs to have been the fault of someone who owed you a duty of care in order for you to claim.
Not only may you be able to claim for the physical and mental harm caused by the incident, but there may also be other costs you may be able to reclaim as well. We will look at these in greater detail later on in this guide.
Get in touch today to find out more. The more our advisors know about the details of your accident and the injuries you sustained, the more we will be able to help. We could also connect you to an expert personal injury solicitor from our panel if we believe you have a valid case.
Read on for more information.
- Call us now on the number at the top of the page
- Contact us through our website to discuss your claim online
- Use the chat window in the corner of the screen.
Select A Section:
- What Is A Head Injury At Work?
- The Three Criteria For A Personal Injury Claim
- How Could You Suffer A Head Injury At Work?
- What Evidence Can Support My Accident At Work Claim?
- Compensation Payouts For A Head Injury At Work
- No Win No Fee Agreements In Workplace Accident Claims
If you have sustained a head injury caused by an accident at work that resulted from negligence, then you may be entitled to compensation. This kind of injury can be sustained in a number of different ways. Because of this, it’s an injury that can occur in a wide range of different workplaces.
Some minor head injuries may result in bruising only, or just a few small cuts. More serious ones could involve a traumatic head injury.
A head injury could cause brain damage, which can impact all aspects of an injured person’s life. They could be left with cognitive or physical disabilities and they may require a carer as a result.
For more information on claiming for a head injury caused by employer negligence, speak with one of our advisors today.
The Latest Statistics On Head Injuries At Work
Statistics from the Health & Safety Executive (HSE) show how often certain kinds of injuries happen in the workplace over the year. One possible outcome of a head injury at work is a loss of consciousness. Figures for 2020/21 show that 512 workers were reported to have lost consciousness due to a head injury or asphyxia at work.
It’s important to note that these statistics relate to accidents as a whole and not ones resulting from negligence. Therefore, not all of these incidents may form the basis of a valid claim.
If you have suffered an injury at work in the UK, there are 3 main criteria that must apply to the situation in order for you to be awarded compensation.
- Was there a duty of care owed to you? – in the workplace, this duty of care is owed to all employees by their employer. The employer is required by law to take all reasonable steps to make the workplace as low-risk as possible. This responsibility is stated in section 2 of the Health and Safety At Work etc. Act 1974.
- Was this duty of care breached? – if the employer failed to carry out all reasonably practicable steps to ensure employee safety, this is a breach of duty of care.
- Were any injuries caused as a result of the breach? – an employer simply breaching their duty of care is not enough to make a claim. There needs to have been injuries sustained as a result. If no injuries have been sustained, you cannot make a personal injury claim.
If you’d like information on whether the above criteria apply to your head injury at work, speak with an advisor from our team today.
Claim Time Limits
The Limitation Act 1980 tells us that you generally have 3 years from the date of the incident to start a claim for compensation for a head injury at work, as well as other personal injury claims. If you miss this window of opportunity, your claim may be statute-barred.
This time limit can begin on the date that you knew or should have known that your symptoms resulted from negligence. This is called the date of knowledge.
Child Injury Claims
If the injured party is under 18, then they cannot pursue their own claim. It can only be done so by an appointed adult, known as a litigation friend. The child can only make their own claim once they reach adulthood, so their time limit would begin on their 18th birthday.
Until the child reached the age of 18, their time limit is suspended and a litigation friend can start a claim on their behalf at any point while they are underage.
Claiming On Behalf Of Those With A Reduced Mental Capacity
If an individual’s mental capacity is reduced (whether the cause was the head injury or otherwise) then their time limit is also suspended. It will only begin if their mental capacity reaches a point where the individual is deemed capable of making a claim themselves.
Before then, a claim may only be made through a litigation friend. While the claimant lacks mental capacity, the time limit is suspended.
For more information on what time limit could apply to your head injury at work claim, speak with a member of our team today.
There’s more than one kind of workplace accident that could cause a head injury. If your employer doesn’t uphold their duty of care, then you could sustain this kind of injury in a number of ways.
Some examples of injuries that could lead to a head injury in the workplace are:
- Lack of personal protective equipment (PPE) – supplying adequate PPE is part of your employer’s responsibility to keep you safe in the workplace. For example, if you work in a factory and are not supplied with a hard hat, you could be hit by a falling object and sustain a brain injury.
- Poor housekeeping – for example, a wet floor sign may not have been erected once a hard floor has been mopped. This could lead to slips and falls.
- Unsafe equipment- if you have to use equipment in work, it should be safe and well-maintained. If it isn’t, this could cause injury.
This is not an exhaustive list. Get in touch if you’re unsure whether your injury was caused by your employer’s negligent behaviour.
Gathering evidence is a vital part of the claims procedure. Good examples of evidence you could provide includes:
- CCTV footage and photographs
- Medical reports
- Witness details so that a statement can be taken
You may also be invited to attend an independent medical assessment as part of the process. The solicitors from our panel can organise this locally if you choose to work with them. The report from this appointment will be used to value your compensation claim.
In this section, we’ve included a table containing some examples of what could be awarded to account for your injuries. The figure that relates to the pain and suffering you experience is known as general damages. It’s calculated by legal professionals with the assistance of a publication called the Judicial College Guidelines (JCG).
The entries below have been taken from the JCG. Please be aware that these are guidelines and not guaranteed amounts.
Injury Description Amount
Brain damage (a) Very severe - little meaningful response to environment £282,010 to £403,990
Brain damage (b) Moderately severe - the individual will be very seriously disabled £219,070 to £282,010
Brain damage (c)(i) Moderate to severe intellectual deficit and change in personality £150,110 to £219,070
Brain damage (c)(ii) Moderate to modest intellectual deficit and greatly reduced ability to work £90,720 to £150,110
Brain damage (c)(iii) Concentration/memory affected and ability to work reduced £43,060 to £90,720
Brain damage (d) Less severe - some persisting issues but good recovery made £15,320 to £43,060
Head/brain (e) Minor injury- if there is any brain damage it will be minimal £2,210 to £12,770
Epilepsy (a) Established Grand Mal £102,000 to £150,110
Epilepsy (b) Established Petit Mal
£54,830 to £131,370
Post-traumatic stress disorder (c) Moderate - an almost complete recovery and no permanent grossly disabling effects £8,180 to £23,150
Head Injury Compensation Payouts – What Else Can You Claim For?
The table above addresses general damages. However, head injury compensation payouts in the UK can sometimes include two heads of compensation. The second head of personal injury claims is called special damages. This head allows claimants to recover costs they may have incurred due to their injury. If you are claiming under special damages for a head injury at work, you will need to present proof of these costs.
For example, if you are out of work as a direct result of your injury, you could present payslips to claim for your lost wages. Loss of future wages could also be included as part of your claim, as well as missed bonuses and pension contributions.
You could also recover costs related to additional medical expenses. For example, you may need prescription medication to alleviate symptoms. With the receipts, you might be able to recover these costs. If you need to pay for therapy, you could present invoices to recover the costs.
For more information on accident at work claims, get in touch with our team of advisors. They could advise you on what costs you could recover under special damages. They can also offer free advice on what evidence you could present.
What Is A Care Claim?
Sometimes, your head injury may be so severe that you require additional care at home. This can be quite expensive. Therefore, you may be able to include this in your special damages claim.
All of the lawyers on our panel can offer their services on a No Win No Fee basis. Under this kind of agreement, you would not be required to pay them if you are not awarded compensation.
If your claim is successful, their fee is taken from your settlement in the form of a small percentage that is capped by law.
If you’d like to know more about funding legal representation on a No Win No Fee basis, speak with an advisor today. You could be connected with a solicitor from our panel.
Talk To Us
Reach out to see if you could make a head injury at work claim on a No Win No Fee basis.
- Call us now on the number at the top of the page
- Contact us through our website to discuss your claim online
- Use the chat window in the corner.
More Information About Head Injury At Work Claims
- You have the right to request CCTV footage of yourself.
- NHS guide on head injury and concussion.
- Information on minor head injuries.
Why not check out more of our accident at work claims guides below:
- A guide to accident at work claims
- Claim compensation if you’ve been injured by a moving object at work
- Manual handling injury claims
- How to claim compensation for hand injuries at work
- A guide on claiming compensation for a workplace injury
- Claim compensation after suffering a finger injury at work
- How to claim compensation for eye injuries at work
- Forklift accidents at work
- How to claim compensation for a knee injury at work
- Back injury at work claims
- How to make a fall from a height claim
- Finding construction accident solicitors
- Making a claim for a sprained ankle at work
- Making a claim for a concussion at work
- How to make factory accident claims
- How long do I have to claim after an accident at work?
- What are my rights after an accident at work?
- What do I need to do after an accident at work?
- Working with serious injury solicitors
- A guide to claiming compensation for fatal work accidents
- How to make a work injury claim
- Tips on preventing an accident in the workplace
- Can my employer sack me after an accident at work?
- How to claim for an accident at work
For more information on claiming for a head injury at work, speak with our team.
Written by Bib
Published by Sto