How Do You Make A Head Injury At Work Claim?

Head injury at work claims guide

Head injury at work claims guide

Below, you will find a guide to making a head injury at work claim. It will explain how these injuries can come about. It will also go over why you may have a valid claim. Additionally, you will learn how a No Win No Fee solicitor may be able to help, by processing your claim.

Something to think about, is that each claim is unique in some way. You might have specific questions that fall outside of the scope of this guide. If this is the case, our expert advisors can provide the answers that you need. You can call and speak with them on 0800 408 7825. Or, if you prefer, you can ask us to call you back by using our contact form.

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Who Could Claim For A Workplace Head Injury?

If you suffer a head injury due to the negligence of your employer, you may be able to make a head injury at work claim. You can choose to engage a personal injury lawyer to process a compensation claim for you. If you are unable to make the claim yourself due to having a reduced mental capacity, a litigation friend can make the claim on your behalf.

What Is A Litigation Friend?

If you suffer a traumatic brain injury (TBI), this could result in brain damage. Your mental capacity could be reduced to a state where you cannot manage your own personal injury claim. In such cases, it is possible for a litigation friend to manage the claim for you. The same holds true for people under 18, a litigation friend can manage their claim for them.

Can I Claim If I Am No Longer Able To Work?

Some head injuries are minor in nature, such as a trivial contusions. Others are longer lasting but will heal eventually, such as a concussion or a skull fracture. However, when the brain is damaged, the prognosis for a full recovery can be lower. This could mean you can no longer work at all.

In lots of areas of life including at work, you are owed a duty of care. Your employer must take reasonable steps to protect your health and wellbeing while carrying out work duties. If they fail in this regard and their negligence results in you suffering a head or brain injury you may be eligible for two types of damages.

General damages look to compensate for the suffering caused by the injury and any treatment required. While special damages reimburse expenses and losses caused by the injury itself. If your head in at work claim is successful then any loss of earnings both past and future can be reimbursed to you.   

Limitation Periods For Workplace Head Injury Claims

In order to receive head injury claims payouts, you need to start your head injury at work claim within the time limit. We have given an overview of these time limits below.

  • In most cases, the time limit will be three years from the date of knowledge of harm or the date you become aware that negligence caused the head injury.
  • For people under 18, the time limit will be three years from their 18th birthday.

In some cases, other factors might have an impact on the time limit. For example, if the claimant is covered by the Mental Capacity Act 2005. Those who have a reduced mental capacity are unable to claim by themselves. A litigation friend is needed. For this reason, the time limit is frozen. If you recover your mental capacity and no claim was made then you have three years to start a claim. Call and speak to one of our claim experts to find out which time limit applies to your claim.

What Steps Should Employers Take To Prevent Head Injuries At Work?

Your employer has to ensure that the work environment is kept healthy and safe. Multiple bodies of regulations enforce this. Such as the Health and Safety at Work etc. Act 1974.

That said, not all accidents in the workplace are due to the negligence of your employer. But when they fail to adhere to health and safety legislation accidents have room to happen.

The Health and Safety Executive provide statistics on workplace accidents. Below are some of the most common non-fatal accidents that happen in the workplace. It is important to remember that these accidents do not reflect those caused by employer negligence.

  • An employee is struck by a moving object.
  • A member of staff is struck by a falling object.
  • A worker is struck by a moving vehicle.
  • Falls, slips and trips.

A vehicle accident or a falling object can cause an injury such as a fractured skull, and could even result in a brain injury. If such accidents at work can be proven to be the employer’s fault, you could be able to make a head injury at work claim.

Safety Equipment Employers Should Provide

Employers should provide adequate safety equipment to employees if it is needed to carry out their job safely. For example, those working on building sites will require a hard hat to protect their head from falling objects.

If your employer did not provide you with personal protective equipment when it was deemed necessary, and this contributed to your injury, a solicitor could be able to help you to make a compensation claim.

Calculating Compensation For A Head Injury At Work Claim

We cannot give you an average figure for the head injury claim amount you might receive. This is because all claims are somewhat unique. However, we can provide you with this example table. It gives some ranges ofc compensation for different injuries. You can use this to roughly estimate the value of your head injury at work claim. A personal injury calculator could also help to do the same thing. This table includes data that was provided in the guidelines produced by the Judicial College. These same guidelines are used by the legal system to value injuries.

InjurySeverityCompensationNotes
Brain DamageVery Severe£264,650 to £379,100A patient at the top of this bracket may be able to follow basic commands, open their eyes, and return to sleep and waking patterns. 
Brain DamageModerately Severe£205,580 to £264,650There will be serious disabilities for the injured person. Continual professional and other care will be required and there will be substantial dependence on others. There are two types of disabilities: physical, such as limb paralysis, and cognitive, such as marked impairment in intelligence and personality.
Brain DamageModerate (i)£140,870 to £205,580Symptoms include intellectual deficit, personality change, impairment of vision, the ability to speak, and other senses, as well as an increased risk of suffering from epilepsy.
Brain DamageModerate (ii)£85,150 to £140,870Cases in which there is a moderate to modest intellectual decline, the ability to have a job is greatly diminished.
Brain DamageModerate (iii)£40,410 to £85,150There may be cases in which concentration and memory are affected, the ability to work is limited, where epilepsy is a small risk, and any dependence on others is minimal.
Brain DamageLess Severe£14,380 to £40,410In these situations, the injured individual will have recovered well and will be able to return to work and normal social life. 
Brain or Head InjuryMinor£2,070 to £11,980There will be little brain damage, if any, in these cases.
Mental HarmSevere£51,460 to £108,620A person suffering an injury in such a case will experience very severe issues with all aspects of life. The prognosis is very poor.
Mental HarmModerately Severe£17,900 to £51,460As with above the claimant will experience negative affects with all aspects of life but with professional help there is room for some recovery.
Mental HarmModerate£5,500 to £17,900There will be a good recovery by the time of trial and any remaining symptoms will not be major.

About Special Damages

The table above covers general damages, paid for pain, suffering and harm you faced. You may also have suffered monetary loss. For example, lost wages. And in this case, you could try to claim special damages.

You can claim for both past and future losses. However, you need to prove these losses by providing documented proof. Call and speak to a member of our claims team for some advice about doing this.

Could I Make A No Win No Fee Head Injury At Work Claim?

If you have been injured at work, a personal injury solicitor working under a No Win No Fee agreement could process a claim for you. What No Win No Fee means, is that you don’t pay any upfront fee to your lawyer. Or any fee to them while the claim is being processed. You also don’t pay a solicitor fee if the claim is lost. But if it is won, you will have to pay your solicitor a small success fee.

If you have more questions about making a head injury at work claim, contact our claims team using the info below.

Telephone 0800 408 7825.

Contact form and webchat.

Learn More About Head Injury At Work Claims

Some useful links.

Head Injury And Concussion

Reporting Accidents And Incidents At Work

Returning To Work After Brain Injury

More guides.

Accident At Work Rights

Get An Injury Lawyer

How To Claim

Article by AH

Publisher EC.