How Much Compensation For Head Injury At Work?

No matter the size of the company that employs you, they have a legal duty to ensure your safety while you’re at work. If they fail to meet this duty and you sustain a head injury at work as a result, you may be eligible to claim compensation. Therefore, this guide will explain how much compensation for a head injury at work a claimant may be entitled to and outline the claims process.

We are here to assist if you’d like to explore your options. Our claims advisors will initially review your claim in detail during a no-obligation consultation. Should they determine that your claim has strong enough grounds, they may refer you to one of our personal injury solicitors. Importantly, they offer a No Win No Fee service for head injury at work claims, meaning there are no legal fees to pay unless you receive compensation.

To find out more about claiming compensation for a head injury at work, please continue reading. If you’re ready to discuss your case right now, you can call our advice line on 0800 6524 881.

Am I Eligible To Make A Head Injury At Work Claim?

Your employer’s duty of care is established by the Health and Safety at Work Act 1974. This means they are required to take reasonable steps to prevent workplace accidents, but it doesn’t make them automatically liable for every injury that occurs. If you’ve suffered a head injury at work and are contemplating suing your employer for compensation, a solicitor will typically check whether:

• Your employer has been negligent; and
• Their negligence caused an accident; in which
• You suffered a head injury at work.

If you’re unable to show that your employer’s actions (or lack thereof) directly led to your head injury, you’re unlikely to be awarded compensation. Therefore, providing strong evidence to prove what happened and who was responsible is essential. We explain more about the types of evidence that can help prove a head injury at work a little later on.

What Types Of Head Injuries At Work Could I Claim Compensation For?

When discussing head injuries, we refer to any injury that affects the skull, scalp, or brain. Some types of head injuries at work for which you could claim compensation include:

• Concussions. Where the brain is shaken within the skull, often leading to temporary loss of brain function.
• Contusions. Bruises on the brain tissue caused by a direct blow to the head.
• Skull fractures. Where the bone of the skull is broken. These can be:
  • Simple fractures where the skin is not broken and the bone does not move.
  • Depressed fractures where pieces of the skull are driven inward, possibly affecting brain tissue.
  • Compound fractures where the skin and tissue are broken and the bone is exposed.
• Intracranial hematomas. Where blood vessels burst and cause blood to collect within the skull, creating pressure on the brain.
• Diffuse axonal injuries. These involve extensive tearing of nerve tissue throughout the brain.

Importantly, other than the most minor head injuries, you could be compensated for your injury if your employer was to blame. Settlements are largely based on the severity of the head injury and the amount of suffering it’s caused. For example, a head injury at work that results in long-term brain damage or requires extensive surgery would typically be compensated more than a mild concussion that resolves in a number of weeks.

Evidence For A Head Injury At Work Compensation Claim

In most cases, employers will pass a head injury at work claim to their insurance company. They generally won’t pay out compensation unless you can prove both a) why your employer is liable for the workplace accident and b) the severity of your head injury. Therefore, it’s crucial to gather as much evidence as you can. This could include:

• Accident reports. Make sure that the accident is reported to your employer and recorded in the company’s accident book and then obtain a copy of this report.
• Medical records. Gather all medical documentation related to your head injury at work, including hospital records, GP notes, and any specialist consultations.
• Witness statements. Collect statements from colleagues or anybody else who witnessed the accident as their accounts can corroborate your version of events.
• CCTV footage. If the accident was captured on security cameras, obtain a copy of the footage as it can provide clear evidence of what happened.
• Photos and videos. Take photos or video of where the workplace accident occurred including any equipment or industrial machinery involved and your injuries.
• Health and Safety records. Review your employer’s health and safety records to identify any previous accidents or near-misses in the same area. This can highlight a pattern of negligence.
• Personal diary. Keep a detailed diary of your head injury symptoms, medical appointments, and the impact of the head injury on your daily life to demonstrate the extent of your suffering and ongoing issues.
• Financial records. Keep evidence of any financial losses resulting from the injury, such as loss of earnings, medical expenses, and travel costs for medical appointments.

Please contact our claims advisors today if you’d like us to review the evidence you’ve collected already for free.

Types Of Accidents That Could Result In A Head Injury At Work

Many types of work accidents could mean your employer may be liable for your head injury at work. Here are some examples:

• If you sustained a head injury at work because machinery malfunctioned due to it not being maintained.
• Where you sustained a head injury because you weren’t given adequate personal protective equipment.
• If you suffered a head injury after you slipped at work due to a leaking roof, oil leaking from machinery, or a recently mopped floor with no warning signs in place.
• If you sustained a head injury after being struck by falling items of stock due to damaged or overloaded racking in a DIY store.
• You suffered a head injury after falling from a height due to faulty ladders, scaffolding, or lack of safety harnesses.
• If you were involved in a workplace vehicle accident, such as a forklift truck collision, resulting in a head injury.
• An assault at work caused a concussion because your employer failed to provide adequate security measures.
• Because your employer didn’t give you adequate training, or no training at all, on how to do your job safely.

No matter the type of head injury at work you’ve suffered, if the incident that caused it was because of your employer’s negligence, you could be eligible to claim compensation. Please contact us today and let us know exactly what happened so that we can review your options for free.

How Much Compensation For A Head Injury At Work?

Any compensation payout for a head injury at work is typically calculated on the suffering caused by the injury (general damages) plus any financial losses (special damages). Therefore, in principle, you could be compensated for:

• The physical and emotional pain your head injury at work has caused.
• Medical and rehabilitation costs which could include costs for private medical treatment, physiotherapy, and any necessary rehabilitation.
• The cost of having any personal property damaged during the accident replaced or repaired.
• Care costs if somebody has had to take care of you while you were injured which could include professional care services.
• Travel costs such as public transport fares linked to hospital or clinic appointments and parking fees.
• Compensation for current and future loss of income if your head injury prevents you from going to or returning to work.
• The cost of making necessary modifications to your home to help you cope with an ongoing disability caused by your injury.
• Compensation for any psychological trauma, such as anxiety, depression, or PTSD, resulting from the accident.
• Compensation for the loss of enjoyment of life, hobbies, and activities you can no longer participate in due to your head injury at work.

To help prove the extent of your head injury at work, you will need a medical assessment. This is not anything you need to worry about as our solicitors are usually able to arrange them locally.

Average Compensation For Head Injuries At Work

We’ll now consider what amount of compensation for head injuries at work could be claimed. To help do this, we’ve outlined potential payout amounts based on figures from the Judicial College for general damages.

• For a head injury at work resulting in very severe brain damage: £344,150 – £493,000.
• For a head injury resulting in moderately severe brain damage: £267,340 – £344,150.
• For a head injury resulting in moderate brain damage: £52,550 – £267,340.
• For a head injury resulting in less severe brain damage: £18,700 – £52,550.
• For a head injury resulting in minor brain damage (if any): £2,690 – £15,580.

As it’s fairly clear to see, head injury at work compensation is based largely on the severity of the injury. By thoroughly understanding the extent of your injury and its impact on your life, our solicitors will strive to secure the highest level of compensation possible.

Time Limits For Claiming Head Injury At Work Compensation

There is usually a 3 year time limit for claiming compensation for a head injury at work. Generally, you have three years from the date of the accident to start court proceedings. However, if you were not immediately aware that you had sustained a head injury, the three-year period may instead begin from a later date of knowledge.

It’s important to note that:

• If you were under 18 at the time of your injury, the three-year time limit won’t start until your 18th birthday.
• If you’re looking to make a head injury at work claim for somebody lacking the mental capacity to make a claim, the three-year time limit won’t typically apply until (and unless) they regain capacity.
• If the head injury was the result of a criminal act, such as an assault, you might be able to claim through the Criminal Injuries Compensation Authority (CICA), which has a different time limit, generally two years from the date of the incident.

It’s important to seek legal advice as soon as possible after a head injury at work to ensure your claim is filed within the appropriate time limits.

Starting The Head Injury At Work Claims Process

A head injury at work can have extremely serious consequences. In some cases, it might mean you’re unable to drive, work, or enjoy life in general. Therefore, it’s vital to get your compensation claim valued accurately. While a settlement might not reverse the physical and psychological effects of a head injury, it could make coping with them much easier. That’s why having a specialist solicitor handling the claim can make all the difference in achieving a fair level of compensation.

If we take on your claim, one of our solicitors will fight your corner to try and ensure you are compensated for your head injury at work properly. They will handle all aspects of communication so that you’re not overwhelmed by difficult legal or medical questions and provide you with regular updates on your case’s progress.

If you’d like to discuss suing your employer for a head injury at work you can call our claims advisors on 0800 6524 881 today and they’ll explain your options for free. If you have any other queries or questions about how much compensation for a head injury at work might be paid, you can also use our live chat feature to get in touch.