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


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?

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
  • As a result, you are injured

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 steps to keep you safe while you are working, not just in the workplace.

If your employer fails to uphold this duty of care, and you are injured as a result, you may be able to make a personal injury claim. To find out 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 of 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?

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 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.


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

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