When Are You Eligible To Make A Head Injury At Work Claim?
This article sets out when you could make a head injury at work claim following an accident caused by your employer’s negligence. Suffering a head injury at work can have an impact on many aspects of a person’s life. Even a relatively minor head injury could mean you require time off work and have your concentration or memory affected. In this guide, we explain the eligibility criteria for head injury compensation claims following a workplace accident.
Additionally, we discuss the duty of care employers owe their employees and the steps they could take to uphold this duty. You can also find examples of how a head injury could be sustained in the workplace.
As you continue through our guide, we’ll review the types of evidence that you could use to support a head injury claim and explain how compensation for successful claims is calculated.
We’ll also explain the ways in which our personal injury solicitors could help you seek compensation under the terms of a specific kind of No Win No Fee agreement.
Our team of advisors offer a no-obligation initial consultation where free legal advice can be provided. To discuss your potential accident at work claim in more detail, you can:
- Call 0151 375 9916.
- Tell us about your accident using our “Contact Us” page.
- Connect to our free live chat service.
Select A Section
- Eligibility Criteria When Making A Head Injury At Work Claim
- How Could A Head Injury At Work Happen?
- How Much Head Injury Compensation Could You Receive?
- Evidence That Could Help You Claim For A Head Injury At Work
- Make A Head Injury At Work Claim Using No Win No Fee Solicitors
- Read More About Making A Claim For A Head Injury At Work
The overarching law relating to workplace safety is the Health and Safety at Work etc. Act 1974. This places a legal obligation on employers to take reasonable steps to keep staff as safe as possible in the workplace.
This means that they must:
- Train staff adequately.
- Ensure staff are aware of the company’s health and safety procedures.
- Provide equipment that is fit for purpose, safe and properly maintained.
- Conduct regular workplace risk assessments.
- Provide protective equipment where needed.
If your employer fails to meet their duty of care, you might wonder whether you are entitled to make a personal injury claim following an accident at work in which you sustained harm.
In order to make a personal injury claim for a head injury at work, you must prove the following:
- At the time you were injured, your employer owed you a duty of care; and
- Your employer breached that duty and caused an accident; and
- You suffered a head injury during the course of the accident.
These three criteria form the definition of negligence in tort law.
If you’d like to check whether you could be compensated for a work-related head injury, please call our advisors today.
Below, we have provided some examples of how an employee could sustain a head injury at work.
- If you had a fall at work because the ladder you were using was damaged or poorly maintained.
- Where your skull was fractured by falling items because your employer failed to provide a hard hat in a dangerous environment, such as on a construction site.
- If you were struck on the head by a faulty piece of machinery.
- Where you sustained a concussion after slipping on a spillage or leak that was not cleaned up quickly enough.
- If you suffered a head injury because you’d not been trained on how to do your job safely.
To discuss your specific case, please contact an advisor on the number above.
Following a successful head injury at work claim, you could be awarded a payout that comprises the following heads of loss:
- General damages: Compensating for the pain and suffering you have experienced as a result of your injuries. This includes physical or psychological injuries individually, or both together.
- Special damages: Compensating for the financial losses you have incurred due to your injuries. This can include lost income, medical costs and travel expenses.
Evidence can help prove any monetary losses incurred due to your injuries. This can include receipts, payslips and travel tickets.
When valuing general damages, solicitors can use the Judicial College Guidelines (JCG) alongside your medical evidence. The JCG provides a list of guideline award brackets, some of which you can find in the table below. They correspond to different injuries. However, you should use them as a guide only because each claim is assessed individually.
Injury Type Severity Level Compensation Bracket Guidelines Additional Details
Brain Damage Very Severe £282,010 to £403,990 Full-time nursing care is likely to be needed.
Moderately Severe £219,070 to £282,010 A very serious disability where the person has substantial dependence on others and requires constant care.
Moderate (i) £150,110 to £219,070 Moderate to severe intellectual deficit with a personality change and effect on senses. There is a significant epilepsy risk and no employment prospects.
Moderate (ii) £90,720 to £150,110 Moderate to modest intellectual deficit with the ability to work being greatly reduced and some epilepsy risk.
Moderate (iii) £43,060 to £90,720 Concentration and memory are affected and the person's ability to work is reduced with a small risk of epilepsy.
Less Severe £15,320 to £43,060 A good recovery and the ability to partake in a normal social life as well as go back to work.
If you’re not sure what compensation you might be entitled to, please get in touch today.
If you begin a personal injury claim against your employer, you should gather evidence that demonstrates employer liability for your accident and injuries and how you’ve been affected by the harm you sustained. For example:
- A diary about any medical treatment you’ve received and how your head injury has affected you physically and/or psychologically.
- The contact details of anybody who saw the accident so that witness statements can be collected if required.
- CCTV footage of your accident if your workplace was covered by security cameras.
- A copy of your employer’s accident report form to confirm the location, date and time of the incident.
- Photographs of any visible injuries as well as the accident scene.
If you have an eligible head injury at work claim and you wish to seek legal representation, you could benefit from working with one of our solicitors. They have experience handling workplace accident claims and could assist you in seeking evidence. Additionally, they can ensure evidence is collated and submitted within the relevant time limit.
Is There A Time Limit When Claiming Head Injury Compensation?
If you suffer a head injury at work, you will have a 3-year time limit in which to begin the personal injury claims process. This is set out in the Limitation Act 1980. In most cases, this will begin on the date the accident happened.
However, there are some exceptions that could apply. To discuss these in more detail, please contact an advisor on the number above.
Our solicitors provide a No Win No Fee service. If your claim is suitable, you’ll receive a Conditional Fee Agreement (CFA) to sign. This is a type of No Win No Fee agreement used in personal injury claims.
The CFA means that you won’t pay fees for your solicitor’s work up front, during the claims process or if the claim fails.
If you are compensated, a success fee will be deducted from any compensation you receive. This is taken as a percentage. However, as the percentage is capped legally, you’ll still receive the bulk of any compensation payout.
To check if you could make a head injury at work claim on a No Win No Fee basis, you can:
- Speak to us by calling 0151 375 9916.
- Leave a message on our “Contact Us” page.
- Make use of our free live chat service.
We’ve linked to some more of our useful guides:
- Information about your rights after an accident at work including how to make a personal injury claim.
- Guidance on compensation that could be awarded if you’ve broken a leg in a workplace accident.
- Details on how to start a personal injury claim if you’ve suffered a back injury at work.
Additionally, here are some external links which may also be helpful:
- Government information about how Statutory Sick Pay (SSP) works.
- Information on some campaigns from Headway, a UK charity to support those suffering from brain injuries.
- NHS information about dealing with head injuries and concussions.
Our team is available to answer any further questions on making a head injury at work claim so please feel free to contact us. If you have any other questions, please call an advisor on the number above.