How Do Head Injury At Work Claims Work?

By Danielle Fletcher. Last Updated 15th February 2023. 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 Is The Criteria For Making A Head Injury At Work Claim?

If you would like to know the eligibility criteria to make a head injuries claim, this guide may help. In order to be eligible to claim for a head injury at work, you must have suffered the injury as a result of your employer’s breach in their duty of care.

The main piece of legislation to protect you while at work is the Health and Safety Act 1974 (HASAWA). It sets the duty of care as all employers must take all reasonably practicable steps to ensure the health, safety and welfare at work of their employees. This is backed by other legislation, such as the Management of Health and Safety at Work Regulations 1999. These regulations set the requirements for risk assessment and training. For example, a risk assessment may identify the need for personal protective equipment (PPE), such as a helmet, for your job to be carried out safely. As part of their duty of care, your employer must provide any PPE you need to work safely and training in how to use it.

If you would like to make a head injury compensation claim, you will need evidence that your employer owed you a duty of care and it was a breach in this that caused your injuries. For example, you could request CCTV footage of the accident and submit this alongside your medical records.

Our advisors can discuss whether you are eligible to claim for an accident at work. You can call them for free legal advice using the details at the top of the page.

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.

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Brain / Head Injury Damages Comments
Very severe brain damage (A) £282,010 to £403,990 Claimants 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) £219,070 to £282,010 Those in this bracket will have serious disabilities and be substantially dependent on other people. They will need professional care.
Moderate brain damage (C) (i) £150,110 to £219,070 The 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) £90,720 to £150,110 This person is suffering an intellectual deficit between moderate and modest. Their ability to work is either removed or reduced.
Moderate brain damage (C) (iiii) £43,060 to £90,720 This 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) £15,320 to £43,060 This person will make a ‘good’ recovery. They will be able to return to their social life and to work.
Minor head injury (E) £2,210 to £12,770 If 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

Specified injuries that are reportable to the HSE

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

Writer AL

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