By Jo Caine. Last Updated 26th June 2023. Welcome to our guide on a head injury at work claim. Have you suffered an accident at work that wasn’t your fault and have suffered a head injury as a result? If so, our team of friendly advisors can offer you free legal advice on making a compensation claim. We could also help with working out how much of a compensation payout you could be entitled to receive. If after our advisors have reviewed your case they think you have a good chance of being awarded compensation they could connect you with a specialist No Win No Fee solicitor.
We’ve also included an example case study on someone who suffered a head injury whilst in the workplace that wasn’t their fault. You may find it useful and informative.
You can call 0161 696 9685 if you would like more information, or if you would like to arrange to start a claim yourself. Alternative methods of contacting us are to request a callback from our team with this page or to send a message via our live chat option. For more general information on making a claim for a workplace accident, read our guide on workplace accident claims.
Select a Section
- A Guide To Claiming Compensation Payouts For A Head Injury At Work Claim
- What Is A Head Injury?
- Top 3 Common Head Injury At Work Causes
- Let Our Specialists Estimate Your Personal Injury Compensation
- What Are Special Damages?
- Case Study: £1 Million For A Head Injury At Work Claim
- Get Free Legal Advice For Your Case With Us
- The Benefits Of Simple No Win No Fee Policies
- Our Friendly Experts Can Provide Free Legal Advice
- More Resources And Guides On Head Injuries At Work
- Head Injury At Work FAQs
This guide was put together to help give you a better understanding of making a claim for a head injury sustained in a workplace accident. First, we will look at what head injuries are. We will also look at the kind of impact this kind of injury can have on someone.
We will go on to look at some common causes of workplace accidents that might result in a head injury. As well as this, we will examine the duty of care that your employer has to reduce the risk of accidents occurring.
You may be wondering how much compensation you could be owed following a head injury at work. If so, our sections on calculating the compensation owed to you may be helpful.
We will also look at an example case study of someone who sustained a head accident at work. It has been compiled from our past experiences with other personal injury cases. It will touch on the circumstances of the accident and how it unfolded. The guide will also take a look at the different compensation values that a claim could attract.
Finally, we will look at the benefits associated with making a claim with a No Win No Fee solicitor and answer some commonly asked questions relating to head injury at work claims. We will finish with information on how you can contact us and get started with your head injury at work claim today.
The head is arguably one of the most important parts of the human body. The brain controls our senses and is constantly working even when we are asleep. It controls our ability to think, move, feel, hear see, as well as, remember things. All our bodily functions are controlled in the brain. Injury to the head can impair the senses, inhibit memory and, in some cases, result in a personality change in the injured person. As the brain controls our movements any injury to the brain could leave a person with a disability.
The body offers some protection to the head and its crucial functions via the cranium. However, despite this, it is still possible for the brain to suffer an injury if it is impacted by an accident.
It is vital that trauma to the head is always looked at by a medical professional especially after an accident such as a car accident or workplace accident where the head is impacted. In addition, if you or someone else has any of the symptoms of concussion following a head injury, you should go to A&E. Even seemingly minor head injuries could later turn out to be serious.
If you suspect that someone has sustained a severe head injury, then you should call 999. A head injury might be severe if the injured person has become unconscious or is vomiting repeatedly. They may also have problems with their coordination, memory or senses (such as double vision or loss of hearing).
Under the Health And Safety At Work Act 1974, an employer has a responsibility to ensure as far as is reasonably practicable the safety of their employees. If an accident occurs in which an employee is injured as a result of their employer neglecting their duty of care, the employee could be entitled to make a claim to seek compensation from their employer. The following are examples of some of the most common ways that people suffer accidents at work.
Slips, Trips And Falls
Slips, trips and falls are some of the most common types of non-fatal accidents to cause injury in the workplace, with 29% of reported accidents in the last year in Great British workplaces taking the form of slips, trips and falls.
Accidents of this nature should be prevented as much as possible in the workplace. This can be done by enforcing good housekeeping practices, such as tidying away loose wires and discarded packaging or cleaning up patches of water from the floor.
If a slip, trip or fall accident occurs in the workplace because the employer did not take all reasonably practicable steps to reduce the risks of such accidents, then the person who has been injured could have the right to make a compensation claim.
Struck By Moving And Falling Objects
In some workplaces, for example warehouses, supermarkets, construction sites or mines, there is the risk of falling objects. Even small objects which aren’t a risk in their own right could be dangerous if they fall on someone from a height. The risk of injury should be reduced by making sure that anything stored above ground level is stable. Heavier items should be stacked closer to the ground.
In addition, in any workplace where there is the possibility of someone being hit by a falling object, there should be a requirement for employees to wear hard hats.
In workplaces where there are moving vehicles, there is the danger of being injured in a vehicle accident. There is also the danger of being injured in a road traffic accident if your job involves working near a road or if you drive.
All vehicles in a worksite, such as carts or forklifts, should only be operated by those qualified to use them and in accordance with proper safety procedures. Employees should be equipped with hi-visibility clothing if they are working in an area where there might be moving vehicles.
If an employee is expected to drive a vehicle, then it should be serviced and maintained to a safe standard. A head injury occurring from a vehicle accident could be a very serious injury. If the accident was the result of negligence, could be grounds for a compensation claim.
When making a personal injury claim for a head injury, compensation payouts could consist of general and special damages. We will look at special damages in the next section.
General damages is the head of claim that compensates you for the suffering and pain caused by your injuries.
When valuing this head of claim, various legal professionals, such as solicitors, may use the Judicial College Guidelines (JCG) to help them. The JCG provides guideline compensation brackets for various injuries. We have created the table below with figures from the 16th edition of this publication.
However, it is important to remember head injury claims payouts will vary on a case-by-case basis. This is because the specific factors of each claim will impact the compensation awarded.
|Head/Brain Injury||Very Severe||£282,010 to £403,990||Little meaningful contact with the world, but may be able to follow some basic commands. Pattern of sleep and wakefulness observed.|
|Head/Brain Injury||Moderately Severe||£219,070 to £282,010||Very serious disablement, no prospects of work and will need constant care.|
|Head/Brain Injury||Moderate - i||£150,110 to £219,070||Moderate to severe intellectual deficits and personality changes.|
|Head/Brain Injury||Moderate - ii||£90,720 to £150,110||Moderate to modest Intellectual deficits. Inability to work or reduced capacity to work.|
|Head/Brain Injury||Moderate iii||£43,060 to £90,720||Impact on concentration and memory. Reduced capacity for work.|
|Head/Brain Injury||Less Severe||£15,320 to £43,060||Good recovery and could return to work and their social life.|
|Head/Brain Injury||Minor||£2,210 to £12,770||Minimal brain damage.|
Contact our advisors today if you have any questions about making a head injury claim and the compensation payouts that could be awarded for successful cases. They can also offer you a personalised valuation of your claim.
Special damages is the other head of claim awarded to victims who make a personal injury claim. It is awarded when the victim can prove that they have suffered financial losses as the direct result of an injury.
Some of the things that can be compensated under special damages include:
- Wages lost from taking time off work
- Bonuses or pay rises lost due to taking time off work
- Transport costs
- The cost of medical treatment, physiotherapy, mental health therapy, prescription charges.
- Money spent on home or vehicle adaptions
- The cost of walking aids
- Care or assistance costs
- Money spent on plans and arrangements that had to be cancelled.
Having evidence to back up your claims of financial losses and expenditure is essential in claiming and being awarded compensation. So it’s really important that you keep all of the documentation and paperwork associated with losses or expenses you’ve incurred. This can include things like payslips, receipts, contracts and so on.
Mr Duffey was a warehouse worker with a major delivery and fulfilment company. Mr Duffey worked full time for the company making £21,000 per year. The warehouse that Mr Duffey worked in contained rows of shelves on which items were stocked and shelved pending dispatch. Items on these shelves were not always shelved properly or safely, and heavy items were known to have fallen off the shelves in the past. So far this had not been the cause of any injuries. However, Mr Duffey and his colleagues were nevertheless concerned. Requests had been made to the management that workers be supplied with hard hats for protection. However, no action had been taken on this issue.
Mr Duffey suffered an accident one day when a loose box containing bolts fell off a shelf several feet above his head. The box struck Mr Duffey on the head. Mr Duffey lost consciousness after the blow.
The sound of the impact alerted Mr Duffey’s co-workers to the situation. They tried to stop the bleeding from Mr Duffey’s head and called an ambulance. They took photos of the scene of the accident and of Mr Duffey’s injury. The photos taken of the large gash on his head and the smashed box, along with the notice his colleagues put in the workplace accident book and the statements they gave, proved crucial in allowing Mr Duffey to later make a successful compensation claim.
The aftermath of Mr Duffey’s accident
Mr Duffey was unconscious. He was taken straight to surgery as he had a slight bleed on the brain An MRI scan revealed that the damage to Mr Duffey’s brain was quite severe. The doctors informed the family he would need round the clock care going forward.
As a result of these issues, Mr Duffey would be left severely disabled.
Mr Duffey’s wife contacted a personal injury solicitor to enquire about claiming compensation. A claim was made on his behalf. His employers admitted liability straight away. You can see a breakdown of his compensation in the table below.
|What kind of damages?||What does it cover?||How much is it worth?|
Very Severe Brain Damage
|£264,650 to £379,100|
|Special damages||Loss of earnings. Paid until retirement age.||£440,000|
|Special damages||Carer and Wife taking care of Claimant||£250,000|
|Special damages||Home and Car adaptations.||£10,000|
|Special damages||Medical fees and prescriptions||£500|
The above case study is not a real-life event. Instead, it’s meant to illustrate the personal injury claims process and demonstrate how compensation is calculated.
We can’t tell you on our website what your compensation payout could be if you were to make a claim. This is because all compensation has to be calculated on the basis of each individual’s personal circumstances, from the specifics of your injury to the value of any special damages associated with the claim.
However, if you speak to one of our advisors about your head injury at work claim, they may be able to give you a compensation valuation. Call us or request a callback using the contact details at the top and bottom of this page for a free consultation.
One of the benefits of making an accident claim with our panel of solicitors is that they offer representation on a No Win No Fee basis. A No Win No Fee is a way of making a claim without the financial risk associated with paying legal fees upfront.
If you make a compensation claim on a No Win No Fee basis, then you will not be obliged to pay your solicitor’s fees before the case begins or while it’s ongoing. If you win the case, your solicitor will deduct a success fee from your compensation to cover their costs.
You also won’t have to pay fees to your solicitor if your claim is not successful. Talk to us if you would like to know more or if you would like to get the claims process started.
Thank you for reading our guide on a head injury at work claim. If you want to get in touch with our advisors for free legal advice, then you can call 0161 696 9685, or send a message via the live chat feature of our website at the bottom of the screen. You can also request a phone call by putting your details on this page.
What Should You Check After An Injury?
If you have suffered a head injury, be on the lookout for some of the following symptoms;
- Slurred speech
- Difficulty walking
It could be cause for concern. If you have suffered a knock on the head then you should always visit a doctor as soon as possible to have any injuries examined and diagnosed.
What Is The Average Payout For A Head Injury?
The amount of compensation that is awarded differs from case to case. It depends on the severity of the injury and the amount of money the value of any special damages that the claimant has incurred. For free legal advice from our team calculating the compensation payout, call us today.
Thank you for reading our guide on a head injury at work claim.
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