The Steps To Claiming Head Injury At Work Compensation

Have you sustained a head injury at work? If your injuries were caused by employer negligence, you might be able to make a claim. We will look at the work injury claim process in this guide. 

Head Injury At Work

Head Injury At Work Claims Guide

Your employer has a duty of care to ensure the safety of all of their employees, which we will expand on later in this guide. If it is breached, and you sustain injuries, you may be able to sue your employer for negligence. 

You may have questions, such as: 

  • How do I make a work injury claim?
  • What is the work injury claim time limit? 
  • How much head injury at work compensation could I receive?

This guide will answer all of those questions while also providing you with all the information you need to make a successful claim for an accident at work. 

However, if you would rather speak to one of our advisors, you can. They are available 24 hours a day, 7 days a week, to offer free legal advice. To get in touch: 

Choose A Section

  1. A Guide To Claiming For A Head Injury At Work
  2. When Can You Claim For A Head Injury At Work?
  3. Important Steps When Claiming For Head Injury At Work Compensation
  4. What Could You Receive From A Head Injury Claim?
  5. Why Use Our No Win No Fee Accident At Work Solicitors?
  6. Learn How To Make A Work Injury Claim

A Guide To Claiming For A Head Injury At Work

The severity of a head injury at work can range from minor to fatal. For example, you could suffer a concussion, a deep cut, a wound, or a fractured skull. 

Because the head is an integral part of the human body, an injury of this nature could have severe and far-reaching repercussions for your quality of life. The severity of your injury and its effect on your life could also impact how much compensation you might receive if your case is won. 

In order for you to be able to make a claim for an accident at the workplace, it needs to have been caused by the negligence of your employer. You cannot claim for an accident that you caused entirely yourself, or that was not related to employer negligence. 

If you would like more information on when you can claim, feel free to speak with an advisor from our panel. If you do have a valid case, you could be connected with a No Win No Fee solicitor from our panel. 

 When Can You Claim For A Head Injury At Work?

The duty of care that all employers owe to their employees is set out in the Health and Safety at Work etc. Act 1974. This central piece of health and safety at work legislation states that employers must take reasonable steps to ensure the safety of the environment, equipment and facilities in the workplace. 

Here are some examples of how a head injury at work may occur: 

  • Your employer might have failed to maintain good housekeeping leading to clutter on the ground. Subsequently, you trip and fall and sustain a head injury. 
  • You slip on a wet floor and injure your head because of a leaky container that was stored in a warehouse. This was missed because a risk assessment was not performed. 
  • You work in a factory, and your employer provides you with a faulty helmet. Something falls from above you and hits your head, resulting in a skull fracture.
  • You are not trained to drive a forklift but are told to do so anyway and as a result, you collide with an object that falls over and hits you on the head.

To find out whether your head injury at work could form the basis of a claim, do not hesitate to get in touch with a member of our team. 

Important Steps When Claiming For Head Injury At Work Compensation

You should always seek medical attention after suffering an injury to the head. Not only will this allow you to receive any treatment you may require, but it also generates medical records that can later support your head injury at work claim. 

Other steps you could take after a workplace injury include:

  • Filling out the accident at work book 
  • Acquiring CCTV footage of the accident and/or the scene before or after it occurred
  • Taking photographs of your injuries as they heal 
  • Keeping a diary of how you have been affected

You can contact an advisor from our team who could provide more information on the evidence you can gather to support your case. If they feel your case is valid, they could connect you with a No Win No Fee lawyer from our panel. 

Is There A Work Injury Claim Time Limit?

In most cases, you have 3 years in which to start your head injury at work claim. This timeframe may start from the date of the accident or when you associated your injuries with employer negligence. The latter is referred to as the date of knowledge. 

This time limitation is set out in the Limitation Act 1980. However, there are some exceptions to it. 

The injured person might be under the age of 18 when the accident happened, or you could lack the mental capacity to go through the claims process independently. In scenarios such as these, the time limit is frozen until they become able to pursue a claim on their own behalf, at which point they have 3 years in which to make a claim, provided this has not already been done. A litigation friend can claim on the behalf of someone who cannot claim themselves. 

For more information on the time limit relating to personal injury claims, as well as the role played by litigation friends, please speak with a member of our team. 

What Could You Receive From A Head Injury Claim?

The compensation for a successful head injury at work claim may comprise two kinds of damages. These are called general and special damages; together, they look to compensate you for all the harm/ losses that you might experience after a workplace injury.

General damages seek to compensate you for the pain and suffering that is caused by your injuries. This includes both physical and mental harm. 

For example, you may be compensated for your head injury. If the impact on your lifestyle also has a major impact on your mental health, you could also be compensated for this. 

You can use our injury at work claims calculator to value your claim; however, we have also compiled a table of compensation amounts below using figures from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals use to aid them when valuing claims. 

Despite these figures being taken from previous court cases, they are not guaranteed. This is because each work injury claim is unique, and your settlement may differ. 

Body Part Severity Compensation Bracket Details
Head Very severe£282,010 to £403,990

Injuries that involve quadriplegic cerebral palsy leading to serious cognitive and physical disabilities
Head Moderately severe £219,070 to £282,010Injuries that cause significant disabilities that lead to considerable dependence on others.
Head Moderate (i)£150,110 to £219,070Modest to severe intellectual impacts, such as an effect on sight or speech.
Head Moderate (ii)£90,720 to £150,110Medium to modest intellectual impact, for instance, the inability to walk or the ability to do so being majorly lowered.
Head Moderate (iii)£43,060 to £90,720Includes symptoms such as effect on concentration or memory as well as a small risk of epilepsy.
Head Less severe £15,320 to £43,060A considerable recovery has occurred which allows the injured person to return to daily life occurrences, such as socialising and working.
Head Minor £2,210 to £12,770Brain damage, if any, will be minimal.
EpilepsyA£102,000 to £150,110Established grand mal.
EpilepsyB£54,830 to £131,370Established petit mal.
EpilepsyC £10,640 to £26,290Cases that involve one or two discrete epileptic episodes, or a temporary resurgence of epilepsy without the risk of a reoccurrence.

Special Damages In An Accident At Work Claim

Additionally, you could be awarded special damages for any financial losses sustained due to your injuries. For instance, you may have to pay medical expenses for treatment that is not available via the NHS. 

Special damages might reimburse you for this. It may also take into account:

  • The cost of home adaptations 
  • Care costs 
  • Loss of earnings 

To have the chance to be fully compensated for all monetary losses, you must keep a record of them. Without proof, you might find that some things are not covered by special damages. For example, you could provide an invoice to show the cost of installing a ramp into your home if you use a wheelchair following your accident. 

If you would like more information on how much compensation for a head injury you could be owed, please speak with a member of our team. Valid cases could be passed on to a lawyer. 

Why Use Our No Win No Fee Accident At Work Solicitors?

Working with a lawyer with a No Win No Fee agreement in place can be very beneficial financially. Our workplace injury solicitors can offer a Conditional Fee Agreement (CFA).

This means that there are no legal fees to be paid upfront or whilst your case is ongoing. Only if your claim for an accident at work is successful will you be required to pay any legal fees. This means if you do not win your claim and receive compensation, you do not have to pay for the legal services that your solicitor provides. 

In the event of a successful claim, you will have to pay a success fee to your work accident solicitor. This is legally capped and will be deducted from the compensation you are awarded. 

If you would like to know whether you are eligible to be covered on a No Win No Fee basis, do not hesitate to get in touch with one of our advisors. 

Contact Us For Free To See If You Can Make A Head Injury Claim

One of the accident at work solicitors from our panel can use their years of experience to cover all bases of your claim. This may considerably increase your chances of being awarded a payout for your accident at work claim. 

To get in touch for a free consultation with an advisor, who could connect you with a solicitor from our panel: 

Learn How To Make A Work Injury Claim 

Here are some additional resources that could be helpful when looking to make a head injury claim: 

We have also included several of our own guides that may be of use: 

Thank you for reading our guide on the steps you can take if you have endured a head injury at work.

Writer Beck Pill 

Publisher Fern Strauss