How To Make A Personal Injury Claim Due To A Concussion At Work
If you at some point suffered a concussion at work due to negligence by your employer, you could claim compensation.
This guide will look to explain negligence, how it could apply and explain how you could be eligible to make a personal injury claim for a workplace accident.
Our advisers are available now for a free consultation if you would like to speak to someone about your potential claim, and can be reached using the details on our contact page.
Choose A Section
- Can I Claim Compensation After A Concussion At Work?
- Situations Leading To Concussions And Other Head Injuries
- Explaining What To Do After Suffering A Concussion
- What Is My Concussion At Work Claim Worth?
- Should I Work With A No Win No Fee Solicitor?
- Further Information On Concussion At Work Claims
If employer negligence played a part in you suffering a concussion at work, then you could be able to make a personal injury claim. Negligence, in this instance, refers to an employer failing to properly carry out their responsibility of care to their employees.
The law requires them to do all they reasonably can to make sure:
- A working environment is safe
- Any tasks they ask an employee to carry out are safe or has measures in place to help provide safety
An employee’s health, safety and wellbeing are an employer’s responsibility. However, employees do have a responsibility to take care of their own health and safety too.
If there are reasonable actions employers can take to help make a workplace safe, they should take them. If they did not, and this led to you suffering a concussion at work; then they could have breached their duty of care and you could make a claim against them.
Frequency Of Injuries In Work
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) requires the reporting of various serious work accidents to the Health & Safety Executive. Of the non-fatal injuries reported in the year 2020/21 there were 2,542 head injuries (excluding the face). 788 of all employer-reported non-fatal injuries that year were concussions.
A concussion is a type of brain injury. It can occur from a hit to the head or a hit to the entire body that leads to the head being shaken with intensity.
Falls from a height, slips & trips and being struck by falling objects were among the most commonly reported workplace accidents for the year 2020/21.
An accident alone would not be enough to claim compensation. Negligence causing the accident is what would make a claim viable.
An employer’s duty of care is covered in the Health and Safety at Work etc. Act 1974. It contains actions an employer has to take to make sure a workplace is safe and two key ones are conducting risk assessments and implementing safe systems of work.
- A risk assessment (or health and safety check) has to be performed on any task an employee is asked to do, or any area an employee is asked to work in.
- The employer must also then take actions to reduce risk. If necessary, they should implement safe systems of work to manage any risks that cannot be avoided. Safe systems of work are guides and rules that dictate how various activities should be carried out so as to be safe and avoid accidents and injuries.
If they did not perform these tasks and this contributed to you suffering a concussion at work, they could be held responsible. They could have acted negligently and breached their duty of care.
If you’ve suffered a concussion at work, and want to know whether your situation would constitute employer negligence, you can ask what could have been done within reason to prevent the injury.
For example, if your concussion came from a falling object – ask whether the environment was properly checked in a risk assessment and what health and safety measures could have been in place to avoid it.
If you endured a fall from a height, ask whether the equipment provided was safe to use and whether there were adequate safe systems of work to help avoid the accident
Review your situation and compare it against what the legislation asks to help you see if negligence possibly played a part. Alternatively, give our advisors a call and they can tell you if you might have a valid claim.
If you suffered a concussion at work, or any head injury, it is heavily advised to seek out medical attention. You can request first aid even if just as a basic form of assurance.
If you suffered any symptoms such as confusion, dizziness or a headache, it should be reported in the work accident report book. Not having done so will not lose you your claim, but any serious accidents and injuries should be noted down in the report book.
After receiving any needed treatment, you can gather evidence around the circumstances of the accident that could help you in your claim.
This could be:
- Pictures or recordings of the accident (such as CCTV or phone recordings)
- Witnesses’ contact information
Anything relevant to your accident or the hazard that caused your accident could possibly be used as evidence. If you have proof that the hazard had been in place for a long time and your employer had not taken any actions to deal with it, seek it out to use as evidence.
You should also maintain notes on how the concussion has affected your day-to-day life. This could be in terms of pain or physical effects caused by the injury. It could also include any financial records of costs you have incurred because of the injury.
A personal injury solicitor can give you a good idea of what evidence could be useful in proving your claim.
A head injury can be quite serious, and its full effects might not always be immediately apparent. Before seeking a claim, make sure you are properly assessed to understand the full extent of damage the injury might have had on you.
Do the same with costs. Once you understand the extent of the injury, you can begin to estimate what the injury has cost you, or will continue to cost.
To give you an idea of what a claim for a head injury or a concussion at work might be awarded, solicitors use the Judicial College Guidelines. It is a publication that sets out award brackets for injuries using information from previous court settlements.
Examples of potential compensation related to head injuries can be found in the table below.
Injury Notes Award
Brain Damage: Very Severe Leaving you with little, if any, responses to environment £264,650 to £379,100
Brain Damage: Moderately Severe Leaving you with a serious disability £205,580 to £264,650
Brain Damage: Moderate (i) Moderate to severe intellectual deficit etc. £140,870 to £205,580
Brain Damage: Moderate (ii) Moderate to modest intellectual deficit £85,150 to £140,870
Brain Damage: Moderate (iii) Memory and concentration affected for a time £40,410 to £85,150
Less Severe Brain Damage
Good recovery but some effects may persist £14,380 to £40,410
Minor Brain or Head Injury Minimal brain damage £2,070 to £11,980
Deafness/Tinnitus: (d) (vi) Slight tinnitus Up to £6,580
The awards listed are known as general damages. This compensation amount is intended to address the injury and any pain or distress it caused you.
If you suffered financial losses because of the injury, you could seek to cover them under the second head of compensation known as special damages.
This could be anything related to treatment and recovery; or to you losing your ability to work because of the injury. If it was a cost you had to take on, or financial opportunities you lost out on, it could be sought in special damages.
You’d need evidence such as payslips or bills to prove this loss.
Our advisors can value your claim for free. Why not reach out?
As mentioned, the effects of a head injury can be very serious. If you are looking to make a claim, then you may want to seek out legal representation.
A No Win No Fee agreement offers you a chance to have legal representation without having to worry about paying upfront costs or ongoing fees to your solicitor. Their fee would only be taken if your compensation is awarded, as an agreed-to legally capped percentage. If the claim were not to be successful, you would not be charged a fee at all.
Let Us Handle Your Concussion At Work Claim
Our panel of solicitors work on a No Win No Fee basis. You can contact an advisor to see if they could represent you in your claim.
- Advisors can be reached via the contact page.
- Alternatively, use our live chat.
- You can also call us on the number at the top of the page.
The NHS offers more information about head injuries and concussion
If your injury came as a result of a health and safety concern, you could report it to the Health and Safety Executive (HSE).
If you cannot work because you suffered a concussion at work, you can seek out statutory sick pay
For questions about accidents in public spaces, we offer guides about:
- 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
- How to claim compensation after a head injury 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
- 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
Written by CHA
Published by VIC