How Do Head Injury At Work Claims Work?

We will show you how to make a head injury at work claim, in this guide. If you have suffered a head injury at work caused by negligence, you may be owed compensation. Head injuries can range from minor injuries such as a concussion. Or a worker can experience a severe traumatic brain injury (TBI) and suffer permanent brain damage. 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.

Head injury at work

Head injury at work claims guide

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 would like to claim compensation for a head injury at work, please get in contact with us today. Our panel of solicitors has solid experience handling accident at work claims.

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What Do I Need To Make A Head Injury At Work Claim?

You could potentially make a head injury at work claim if you can prove that your employer or another employee caused your accident through unsafe practices. You can claim compensation for a minor head injury at work, such as a concussion.

However, some head injuries are severe or have life-changing consequences. To be eligible to make a personal injury claim following an accident at work you must meet certain criteria. This will be explained as we go through this guide.

Let’s look at some examples of head injuries that can happen in the workplace:

  • Concussions are a form of TBI, usually caused by a blow to the head. A concussion causes short term brain function problems. Always seek medical advice after a head injury.
  • ICH Intracranial hematoma happens when blood collects inside the skull. This could lead to a bleed on the brain and requires immediate medical attention.
  • A broken skull or a skull fracture is a break or tear in the skull. A blunt force trauma normally causes a skull fracture. A broken skull may need surgery.
  • Orbital fractures are fractures to the cavity of the eye socket. A violent assault or blunt force trauma can cause an orbital fracture. Symptoms of an orbital fracture can include pain, numbness and difficulty moving your eyes.
  • Traumatic brain injury (TBI) is when trauma causes an injury to the brain. Unfortunately, a serious brain injury can cause permanent brain damage.

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.

  • A road traffic accident could cause traumatic brain injuries. If you drive a company vehicle, your employer must ensure the vehicle is safe and roadworthy.
  • 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.

Head Injury Statistics

Employers reported 4,263 all injuries to head locations to the Health and Safety Executive under RIDDOR for the period of 2020/21. Of these workers that suffered head injuries, 3,214 needed longer than 7 days away from work. 2,542 workers suffered head injuries that did not include the face, 1,940 needed more than 7 days away from work. Of the 4,236 employees who suffered head injuries, 98 had injuries to several locations on the head.

How The Head Injury At Work Claim Process Works

If you wish to make a head injury at work claim, please take the following steps:

  • First things first, please seek medical attention if needed. Suppose you have a severe or life-threatening injury, dial 999 for an ambulance. Having a doctor or nurse treat your injuries means that you can use your medical records as evidence to support your claim.
  • After that, please report the accident to your manager. Your employer should record the head injury accident in the organisation’s accident log book.
  • In addition, please gather evidence that may help in proving liability for the accident. Evidence can include witness details so that a legal representative can take a statement if needed. Also copies of CCTV footage. You can also take photos of your injuries and the cause of the accident.
  • Finally, contact UK Law to begin your injury claim. We can offer you free legal advice about making a personal injury claim and assign a solicitor from our panel to work on your head injury or traumatic brain injury claim.

What Is The Limitation Period For Work Injury Claims?

Under the Limitation Act 1980, the time limit for making an accident at work claim is three years. The time limit will begin on the day you were injured. Or the day you became aware that your injuries were caused by negligence. However, there are sometimes exceptions to this rule. Especially for those under the age of 18 and others who have limited mental capacity.

So please get in touch with UK Law to discuss your claim options today.

What Damages Could Your Head Injury Claim Include?

Your compensation payout can include up to two different types of damages:

  • General damages will compensate you for the physical harm your injuries have caused.
  • Special damages compensate you for the money you have lost because you were injured. For example, you can receive special damages to cover your medical expenses.

How much compensation can you receive for a head injury at work? It is quite difficult to give average compensation payout amounts for head injuries. Instead, we have used the guidelines produced by the Judicial College, which is responsible for training judges in England and Wales, to provide the figures in our table.

Brain / Head InjuryDamagesComments
Very severe brain damage (A)£264,650 to £379,100Claimants at the higher end of the bracket could have some ability to follow basic instructions. May have recovered the ability to open the eyes and have a sleeping / wake pattern.
Moderately severe brain damage (B)£205,580 to £264,650Those in this bracket will have serious disabilities and be substantially dependent on other people. They will need professional care.
Moderate brain damage (C) (i)£140,870 to £205,580The person is suffering from moderate to severe degrees of intellectual deficits. Their personality may also change and there could be other effects.
Moderate brain damage (C) (ii)£85,150 to £140,870This person is suffering an intellectual deficit between moderate and modest. Their ability to work is either removed or reduced.
Moderate brain damage (C) (iiii)£40,410 to £85,150This person's memory has been affected as well as their ability to concentrate. They will have a reduced capacity to work.
Less severe brain damage (D)£14,380 - £40,410This person will make a ‘good’ recovery. They will be able to return to their social life and to work.
Minor head injury (E)£2,070 - £11,980If there is any brain damage this will be minimal.

We used guidelines from the Judicial College to create the compensation table, which lawyers also use to help them value a compensation claim. However, the amount of compensation you receive may vary, depending on the final settlement that is reached. The table does not include any special damages.

Contact Us To Begin A No Win No Fee Claim

If you have decided that you would 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 good chance of being awarded compensation they could offer to connect you 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.

Skull Fracture Compensation Claims In The UK

Child Brain Injury Lawyer – How Do I Claim Compensation?

Do You Have To Be An Employee To Claim For A Workplace Injury?

An NHS guide to minor head injuries and first aid

Adult head injury advice from the NHS

Specified injuries that are reportable to the HSE

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

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