In this guide, we’ll look at the process of claiming concussion at work compensation. If you’ve been involved in an accident at work that left you with a concussion, providing you can prove it was caused by a breach of duty of care, you may be able to make a claim. We will explore the eligibility criteria you must meet in order to do so in further detail throughout our guide.
Concussion at work compensation claims guide
Additionally, we’ll be exploring the duty of care your employer owes you and how a breach of duty could have caused an accident at work.
Further on in our guide, we’ll explain how compensation is calculated and the payout you could be awarded following a successful claim.
If you’re interested in receiving compensation for a concussion at work, then you may benefit from using the services of a solicitor. Our solicitors work under a kind of No Win No Fee agreement called a Conditional Fee Agreement. We will explore the typical terms of this agreement later on in our guide.
Please continue reading for more information. Alternatively, get in touch with an advisor from our team for free legal advice. To reach them, you can:
- Call on 0800 073 8805
- Start your claim online
- Chat with one of our advisors by using our live chat feature below.
Choose A Section
- A Guide To Claiming Concussion At Work Compensation
- When Are You Eligible To Make An Accident At Work Claim?
- Concussion At Work Compensation- What Could You Receive?
- Potential Evidence In An Accident At Work Claim
- Why Use Our No Win No Fee Accident At Work Solicitors?
- Learn More About Claiming Concussion At Work Compensation
A Guide To Claiming Concussion At Work Compensation
A concussion injury can vary in severity. For example, a minor concussion may heal relatively quickly whilst a more serious concussion injury could result in a more prolonged recovery.
If you sustain a concussion at work, it could impact your life in different ways. This includes physically and psychologically. An injury’s impact on your life is considered when determining how much compensation you could receive.
However, in order to make a claim, there are a few things that you need to do. The first of these is proving that negligence occurred. This involves proving that your employer owed you a duty of care when and where the incident took place; this duty of care was then breached by them, and you were injured as a result.
If you have any questions about when you could claim concussion at work compensation, you can get in touch with us by using any of the details provided above.
When Are You Eligible To Make An Accident At Work Claim?
Employers have a duty of care to ensure the safety of their employees. This means that they have a responsibility to do everything reasonably possible to reduce or remove any risks that are apparent in the workplace, environment, equipment, and/or facilities that employees use.
If an employer fails to do so, it could lead to an employee getting injured at work. The legislation outlining this duty of care is the Health and Safety at Work etc. Act 1974.
Examples of how accidents could occur leading to a concussion at work include:
- Faulty equipment: Your employer may have been aware of a fault with a ladder and failed to fix it in a timely manner. As a result, you may have sustained concussion and other injuries due to a fall from height.
- Insufficient training: You could experience a severe head injury after being told to operate a piece of machinery without the correct training. For example, you could be involved in a forklift accident.
- Inadequate personal protective equipment (PPE): Your employer may have failed to provide you with necessary and adequate PPE, such as a hard hat. As a result, you injure your head in a construction accident.
- Lack of risk assessments: Your employer fails to carry out regular risk assessments on the work environment. As a result, you may have slipped on a wet floor in a factory accident due to no warning signs being present.
To find out when you could claim for a concussion at work and if compensation could be awarded, get in touch on the number above.
Compensation For A Concussion At Work – What Could You Receive?
General damages is one of the heads of claim that can be awarded following a successful claim. You can receive compensation for the pain and suffering you’ve endured because of your injuries under this head.
Solicitors can use the Judicial College Guidelines to help them value your injuries. This is a document that contains guideline compensation brackets for a variety of different injuries. We’ve used these figures to create the table below.
Note that these figures are guidelines and do not necessarily reflect the payout you’ll receive for your injuries following a successful claim. This is due to a wide variety of factors that are considered when calculating the general damages portion of your claim.
| Injury | Compensation | Notes |
|---|---|---|
| Brain Damage | £282,010 to £403,990 | (a) Very severe: The person requires full-time nursing care. |
| Brain Damage | £219,070 to £282,010 | (b) Moderately Severe: The person has a very serious disability that can either be cognitive or physical. |
| Brain Damage | £150,110 to £219,070 | (c) Moderate (i): The person experiences an intellectual deficit of a moderate to severe nature as well as other issues, such as an effect on the senses. |
| Brain Damage | £90,720 to £150,110 | (c) Moderate (ii): The person experiences a moderate to modest deficit of their intellect and other issues such as a greatly reduced ability to work. |
| Brain Damage | £43,060 to £90,720 | (c) Moderate (iii): The person's concentration and memory are affected and they experience other issues such as a small risk of epilepsy. |
| Brain Damage | £15,320 to £43,060 | (d) Less Severe: The injured person will have experienced a good recovery and can partake in a normal social life and go back to work. |
| Brain Damage | £2,210 to £12,770 | (e) Minor: If the person experiences brain damage, it will be minimal. |
| Epilepsy | £102,000 to £150,110 | (a) Established Grand Mal |
| Epilepsy | £54,830 to £131,370 | (b) Established Petit Mal |
| Epilepsy | £10,640 to £26,290 | (c) Other epileptic conditions. |
Special Damages In A Work Injury Claim
The other head of claim that can make up your final settlement are special damages. These aim to compensate you for any financial losses that you might have incurred due to your injuries. This can include:
- Cost of care
- Loss of earnings
- Medical expenses
- Cost of home adaptations
It’s important to provide evidence in order to claim losses under special damages. This evidence can include receipts, bank statements, and invoices.
To learn more about the concussion at work compensation you could receive following a successful claim, get in touch on the number above.
Potential Evidence In An Accident At Work Claim
First, seeking medical attention after being involved in an accident at work is one of the first steps you can take as part of the work injury claims process. This ensures that you’re given the necessary treatment for any injuries that you have. It can also provide you with medical records that you can use to help support your claim.
Another step you can take involves gathering evidence. This can include:
- The contact information of any witnesses
- CCTV footage of the accident
- A report from the accident at work book
- Pictures of the injuries and the scene of the accident.
If you need any help with collecting evidence, our panel of experienced work accident solicitors could help. They could also arrange for you to attend an independent medical assessment to produce a detailed report on the nature and extent of your injury. They can also ensure you are within the relevant time limits to begin your claim.
In most cases, the standard injury at work claim time limit is three years. This can either be from the date of the accident or the date you became aware that your injuries were caused by negligence. This is outlined in The Limitation Act 1980.
Exceptions can be made in certain circumstances. For example, if a person is under eighteen or isn’t mentally capable of making a claim, the courts can appoint a litigation friend to make a claim for them.
For more information on the exceptions to the time limits, please get in touch on the number above.
Why Use Our No Win No Fee Accident At Work Solicitors?
Our No Win No Fee solicitors may be able to offer their services under a Conditional Fee Agreement. This kind of agreement means there are usually no upfront or ongoing fees involved when paying for your solicitor’s services. You also won’t typically have to pay for their services if your claim is unsuccessful.
If your claim is successful, then you’ll have to pay your solicitor a success fee. This amount is legally capped and will be taken out of your compensation amount before it reaches you.
Contact Us For Free To See If You Could Receive Head Injury Compensation
You can contact us for free at any time to get a consultation from our advisors about your potential claim. If your claim is valid and has a chance of success, an advisor could connect you with one of our solicitors.
Alternatively, they can answer any questions you might have regarding seeking concussion at work compensation.
- Call on 0800 073 8805
- Start your claim online
- Chat with one of our advisors by using our live chat feature below.
Learn More About Claiming Concussion At Work Compensation
If you’re interested in learning more about receiving compensation from injuries at work, you can read more of our guides below:
- How to claim compensation for a shoulder injury at work
- Can I make a foot injury at work claim?
- Injury at work while self-employed
Additionally, if you’re interested in learning more, then below are a few different external links you can follow:
Thank you for reading our guide on claiming for concussion at work compensation. For more information, get in touch on the number above.
Writer Louis Pine
Editor Meg Matthews