How Do Head Injury At Work Claims Work?

By Danielle Fletcher. Last Updated 27th September 2024. Our detailed guide explores how to make a head injury at work claim, If you sustained a head injury at work caused by negligence, you may be owed compensation. Head injuries can range from minor issues such as a concussion to a severe traumatic brain injury (TBI). So, in this guide, we will explain who could be eligible to make a head injury at work claim for compensation that may be needed to help with loss of earnings or the expense of a carer.

A doctor wraps bandages around a man's head following a Head injury at work

 

Today we will look at the major causes of head injuries in the workplace. And, we will explain how to claim head or brain injury compensation. If you want to claim compensation for a head injury at work, please get in contact with us today. The solicitors from our panel have extensive experience handling accident at work claims.

Select A Section

What Is The Criteria For Making A Head Injury At Work Claim?

Head injuries can range from major to minor and can have life-changing consequences. However, not all workplace head injuries result in valid claims. This is because negligence must be established to form the basis of a compensation claim.

In personal injury law, negligence occurs when:

  • You are owed a duty of care.
  • This duty is breached.
  • Because of the breach, you are injured in an accident.

When you are working, your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). Under this legislation, your employer is required to take all reasonably practicable measures that maintain your safety while you are working.

If your employer does not uphold this duty, and you are injured due to it, you may be able to make a personal injury claim. To see if you could be eligible for compensation, contact our team of advisors today.

What Are The Major Causes Of Head Injuries In The Workplace?

There are many accidents in different types of workplaces that could lead an employee to suffer a head injury. Head injuries can range from minor to very severe brain damage and even death. If you suffer a head injury in an accident you should seek immediate medical attention. Below we look at ways employees could suffer head injuries while at work.

  • An object falling from overhead can cause a broken skull or TBI. Employers must ensure that they have properly stocked items on shelves and racks.
  • A slip and fall accident could cause head injuries if the worker lands on their head. It is vital that when a floor is wet, signs are used to alert employees of the hazard. Also, housekeeping must be a priority so that any walkways are not construed by obstacles.
  • If an employee is assaulted at work, the worker may suffer a head injury or an orbital fracture.

If an assault at work injured you, you could claim criminal injury compensation through the Criminal Injuries Compensation Authority (CICA). However, your employer may also be responsible for your injuries if your employer fails to put adequate security measures to protect you.

An injured man with a bandage wrapped around his head

How To Prove A Head Injury At Work Claim

When making a head injury at work claim, one of the most important steps in the process is collecting evidence. This is essential, as evidence can help back up your claim by proving who is responsible for your injuries and how severe they are.

Some examples of evidence that you could use to help prove a head injury at work claim include:

  • Photographs of visible injuries, or of the accident site
  • Medical records, x-rays, or other medical documentation that shows how severe your injuries are
  • The contact details of witnesses, to allow their statements to be taken at a later date
  • Accident book reports
  • CCTV footage showing the accident

If you make your claim with the help of a solicitor, they can help you prove your claim. Solicitors can offer a lot of help with this part of your claim, and can talk to witnesses and help you collect other avenues of evidence.

To learn more, contact our team of advisors today.

What Damages Could Your Head Injury Claim Include?

Head injury at work compensation can be split into up to two parts. These two types of damages, known as heads of loss, are called general and special damages.

Special damages are not guaranteed in a payout, but you can seek compensation for the following if you have proof of your financial losses:

  • Missed earnings and work-related bonuses.
  • Medical bills.
  • Travel expenses.
  • Domestic care fees.

General damages compensates for the physical and psychological effects of the workplace accident, so it will always be part of a payout. Those working out this part of the settlement can look at medical evidence.

Knowing the average compensation payout amounts for a head injury at work claim may not benefit you. Instead, we used example compensation brackets from the Judicial College Guidelines (JCG) to create the compensation table below. Those figuring out a compensation payout can use it as a guideline to determine how much to award for each injury in conjunction with the medical evidence. 

The top line of this entry is not from the JCG but the rest all are. However, this is still just a guide.

Brain / Head Injury Guideline
Multiple Serious Injuries And Special DamagesUp to £1,000,000+
Very severe brain damage (A)£344,150 to £493,000
Moderately severe brain damage (B)£267,340 to £344,150
Moderate brain damage (C) (i)£183,190 to £267,340
Moderate brain damage (C) (ii)£110,720 to £183,190
Moderate brain damage (C) (iiii)£52,550 to £110,720
Less severe brain damage (D)£18,700 to £52,550
Minor head injury (E)£2,690 to £15,580

Contact Us To Begin A No Win No Fee Claim

If you have decided that you’d like the help of a solicitor, why not hire one using a No Win No Fee arrangement. Here at UK Law we can assess your case today for an accident at work. When our advisors can see that you have a strong right to claim, they are able to put you in touch with a head injury claim specialist from our panel.

Our panel of solicitors could offer to handle your claim on a No Win No Fee basis. Moreover, this means you will only pay a success fee if your solicitor wins your compensation claim.  You will sign a Conditional Fee Agreement, to formalise the process legally.

Please use the Live Support widget to speak with one of our advisors. Alternatively, you can start your claim online or call us on 020 3870 4868 to begin your claim.

References

If you wish to claim compensation for an injury at work, these guides may be helpful.

Thank you for reading our guide to making a head injury at work claim.

Writer AL

Checked by IE