This article explores when you could be entitled to claim for a head injury in construction if your accident resulted from a breach of health and safety. Although this article is focused on making a claim against an employer for failing in their duty of care to take reasonable steps in keeping you safe, you could also claim against other companies who work alongside you on the building site. You’ll read about the eligibility criteria that apply to head injury claims and how the accident at work claims process works.
As you progress, you’ll learn about the types of accidents in construction that can lead to head and serious brain injuries. Furthermore, we provide a compensation table listing some compensation guidelines for a range of different head injuries.
Later in the guide, we provide advice on the types of evidence that can strengthen personal injury claims. Finally, you’ll learn about the No Win No Fee service offered by our panel of specialist solicitors when providing representation in a valid construction accident claim.
To give you a better understanding of how construction injury claims work, we offer a no-obligation consultation. To arrange yours, you can:
Jump To A Section
- When Are You Eligible To Make A Claim For A Head Injury In Construction?
- Making A Claim For A Head Injury In A Construction Accident
- Examples Of Head Injury In Construction Accidents
- Head Injury Compensation Payouts
- Make A Claim For A Head Injury In A Construction Accident On A No Win No Fee Basis
- Learn More About Making A Head Injury Claim
Head injuries in construction can lead to serious and life-changing brain damage. In some cases, more serious head injuries can be fatal. However, employers have a legal duty to take practical and reasonable steps to prevent workplace injuries.
This duty of care is established by the Health and Safety at Work etc. Act 1974.
That said, when working on a construction site, there may be other companies that all work alongside each other, there will also be the contractor and sub-contractors and a site manager. All will owe a duty of care for the safety of those working on the site. Other laws, including the Construction (Design and Management) Regulations 2015, are designed to help improve construction site health and safety.
If you’ve suffered a head injury in construction, to start a personal injury claim, you will need to show:
- At the point of your accident, you were owed a legal duty of care.
- The accident occurred because the duty of care was breached.
- You sustained a head injury as a direct result of the accident.
Where all of the above can be proven, you may have grounds to seek compensation for your suffering.
Whether you’ve been involved in a serious accident at work or a minor incident, if the accident happened because of a breach in the duty of care owed to you, we could help you to begin the brain injury compensation claims process. Therefore, why not speak to a member of our team today to find out more about how to claim for a head injury in construction?
As mentioned above, when you claim for a head injury in construction, you must be able to prove how you’ve suffered, how the accident occurred and why you think it happened due to a breach of duty.
The types of evidence you could supply to support a head injury accident claim include:
- Photographs of the accident scene (including its root cause).
- A diary of medical treatment and a copy of your medical records.
- Details of anybody who may have witnessed the construction site accident.
- CCTV footage of the accident if it exists.
- A copy of an accident report form.
Should your head injury compensation claim be taken on by a solicitor from our panel, they will collect evidence as part of their service. For example, they may try to obtain a Health and Safety Executive (HSE) report if your construction site accident was investigated.
As part of our free initial consultation, we’re happy to assess any evidence you’ve secured to verify your construction site accident claim. As such, please feel free to call us to discuss your head injury claim today.
Is There A Time Limit When Claiming For Head Injuries In Construction?
The Limitation Act 1980 stipulates that there is a 3-year time limit for personal injury claims in the UK. This period usually begins from the date of your accident.
However, if the injured party lacks the mental capacity to deal with the construction site accident claims process, there is no time limit. In this situation, a responsible adult with the claimant’s best interests can apply to the court to act as the claimant’s litigation friend.
If you are approved as a litigation friend, you’ll be able to act on the claimant’s behalf and make decisions about the claims process. If the injured party regains mental capacity and no claim has been made, then the three-year time limit begins.
To find out more about how long you have to claim for a head injury in construction, please call the number above today.
As we explained earlier, it may be possible to begin a head injury at work claim if your suffering was caused by a breach of duty. In this section, we’ve listed some accidents in construction that could result in head injuries. They include:
- An employee was instructed to work on the roof of a building. However, no harness was provided. The employee fell through 3 floors when the roof collapsed, suffering a severe brain injury. As well as a lack of personal protective equipment provided, it was later discovered that no risk assessment had been carried out.
- A labourer suffered a serious brain injury and was left paralysed after debris was thrown from the top of a building and struck him on the head. The incident occurred because staff at the top of the building had not been provided with adequate health and safety training.
- Due to working with a poorly maintained forklift truck, a driver was trapped when the vehicle toppled over and dropped its load on him. As a result of the accident, he is now unable to work in construction as he has been diagnosed with epilepsy.
- Even simple slips, trips and falls on construction sites can lead to head injuries. For example, if you trip and fall, you could bang your head on an RSJ beam that may be waiting to be fitted.
These are just a few examples of the types of accidents that could result in head and brain injuries on a building site. If you would like to know more about how to claim for a head injury in construction, please contact us today.
It’s important to note that head injury compensation payouts vary from case to case. That’s because they are based on the extent of the injured party’s suffering.
Settlements can be made up of two heads of loss. General damages is the first and it relates to any physical or psychological pain and suffering. In some cases, this may need to be assessed by an independent medical expert.
When your claim is valued, the expert’s report may be used in conjunction with the Judicial College Guidelines (JCG). This is a document that contains guideline compensation brackets for a range of injuries.
The compensation table that follows lists a range of head injuries along with brackets from the JCG. However, please be aware that this is for guidance only.
The first entry in our table has not been taken from the JCG.
|Type Of Injury
|Multiple Severe Injuries Along With Special Damages
|Up to £1,000,000 +
|Compensation for multiple severe injuries (head injuries and others). Includes special damages to cover cost of a carer, medical expenses and loss of income.
|Injury Resulting From Brain Damage
|£282,010 to £403,990
|Several factors affect this bracket. They include life expectancy; sensory impairment; degree of insight; extent of behavioural problems; ability to communicate (with or without technology); epilepsy and how well it can be controlled.
|£219,070 to £282,010
|Brain injuries that cause very serious disabilities. The claimant will rely heavily on others and also require constant professional care. Disabilities can be cognitive or physical.
|£150,110 to £219,070
|As a result of these types of injuries there will be personality change, moderate to severe intellectual deficit, significant epilepsy risk and an impact on speech, sight and senses.
|£90,720 to £150,110
|The ability to work will be greatly reduced and there is some risk of epilepsy as well as moderate to modest intellectual deficit.
|£43,060 to £90,720
|These injuries will affect memory and concentration. Also, there will be limited dependence on others, a small risk of epilepsy and the ability to work will be reduced.
|£15,320 to £43,060
|While not all functions may have been restored fully, a good recovery will have been made. Also, the injured party will be able to return to work and have a normal social life.
|Established Grand Mal
|£102,000 to £150,110
|Established Petit Mal
|£54,830 to £131,370
|Factors considered in this bracket include the effect on social or work life; any behavioural problems; whether attacks can be controlled by medication; and prognosis.
|Other Epileptic Conditions
|£10,640 to £26,290
|Where that are one to two discrete epileptic episodes or a temporary resurgence of epilepsy.
If you’d like to know how much you could claim for a head injury in construction, why not speak to one of our team today? Our construction accident case study might also help give you an idea of what’s involved in making a compensation claim.
Claiming Special Damages After An Accident In Construction
Another head of loss, special damages, could also be part of any compensation you’re awarded. It covers financial losses, costs and expenses linked to your injuries.
Therefore, if you successfully claim for a head injury in construction, your settlement could cover:
- The cost of a carer.
- Rehabilitation and medical costs.
- Lost wages.
- Installing hoists, stairlifts or other devices at home to help if you’ve been left disabled.
Any expense you wish to claim back must be proven. As such, you should keep hold of any relevant receipts, pay slips or bank statements.
To claim compensation for construction injuries after a building site accident, call our team today.
After we’ve reviewed your brain injury compensation claim, we will let you know if your case is eligible. If so, you may wish to instruct a solicitor to help you claim for a head injury in construction. If that’s the case, we could connect you with a specialist construction accident claim at work solicitor from our panel.
Using a CFA means that:
- There are no upfront charges for your solicitor’s work.
- During the claims process (or if the claim fails), you won’t pay for your solicitor’s services.
- You’ll have a success fee deducted from any personal injury compensation you’re awarded.
The success fee percentage is capped by law when using a CFA. As a result, if your claim is won, you’ll retain the bulk of any compensation payout.
To learn if you could make a No Win No Fee claim for a workplace head injury, you can:
Here are a few more guides that might prove useful:
- Information about starting a serious head injury claim because of an accident at work.
- More generic information on how building and construction accident claims work.
- Details about when common injuries for construction workers could result in an accident at work claim.
Also, we’ve included a few external links that might be helpful:
- NHS advice on a head injury and concussion.
- Advice from the HSE on when Personal Protective Equipment (PPE) such as hard hats should be provided.
- Government information on how to claim Statutory Sick Pay (SSP).
If you’ve any questions about how to claim for a head injury in construction, please call today.