When Can You Make A Claim For A Head Injury In Construction Work?

In this guide, we discuss the question ‘Can you make a claim for a head injury in construction work?’. A compensation claim could be made by the injured person, such as after suffering a minor or moderate head injury, or on behalf of the injured person, such as after suffering a severe head injury that has resulted in brain damage. As we move through this guide, we discuss the eligibility criteria that need to be met for a personal injury claim to be valid and the evidence that could help to support a case.

Additionally, we look at the duty of care employees are owed when working on a construction site and how an accident leading to construction injuries could occur if this duty is breached.

You can also find information on how building site and construction site accident claims are calculated and the payout that could potentially be awarded to address the impact of your injuries.

To conclude, we explain how a personal injury solicitor from our panel could help you seek compensation under No Win No Fee terms. You don’t have to instruct a solicitor to start a claim but there are advantages of doing so, including help gathering evidence and building your case.

For more information about construction accident claims, please contact our team of advisors. To do so, you can:

A construction worker laying unconscious on the ground while another worker runs towards them.

Choose A Section

  1. When Can You Make A Claim For A Head Injury In Construction Work?
  2. Examples Of Negligence Leading To A Construction Site Accident Claim For A Head Injury
  3. Evidence That Could Help Support Construction Site Accident Claims
  4. Potential Compensation In A Claim For A Head Injury In Construction Work
  5. Can You Make A Claim For A Head Injury In Construction Work On A No Win No Fee Basis?
  6. Learn More About Making A Construction Accident Claim

When Can You Make A Claim For A Head Injury In Construction Work?

The Health and Safety at Work etc. Act 1974 (HASAWA) requires employers to take reasonably practicable steps to prevent employees from becoming injured at work and as they carry out their work-related tasks. This is the duty of care they owe.

Additionally, The Construction (Design and Management) Regulations 2015 was enacted to help those responsible for construction sites take steps to improve health and safety for construction workers and the industry as a whole.

Construction sites can have many different companies operating on them, including electric, scaffolding, and plumbing. Furthermore, there may be a site manager and contractor, if these roles aren’t carried out by your employer. Each of these may owe a duty of care. This means that construction site injuries will not always necessarily be the fault of the employer. In some cases, the contractor, sub-contractor, or a different company could potentially be liable. For that reason, who you direct your claim against will depend on which party is found liable for the accident and subsequent injuries.

Additionally, a personal injury claim must meet the following eligibility criteria in order to be valid:

  • A duty of care was owed to you.
  • This duty of care was breached.
  • Because of the breach, you suffered harm.

The three criteria above lay the basis of negligence in tort law. If you have evidence that negligence occurred, you might be able to pursue a construction accident compensation claim.

Get in touch with an advisor for further guidance on the question ‘Can you make a claim for a head injury in construction work?’. They can assess your case and determine whether you’re eligible to proceed.

Examples Of Negligence Leading To A Construction Site Accident Claim For A Head Injury

Below, we have provided examples of how a negligent third party could cause a construction accident and subsequent injuries:

  • An employee is not given any training before being instructed to work from a height. As a result, they fall from a height when working on scaffolding leading to them suffering a severe head injury.
  • An employer fails to provide necessary personal protective equipment (PPE), such as a hard hat, to reduce the risk of injury posed by falling objects on a construction site. As a result, an employee is hit on the head by falling equipment and suffers concussion and a brain injury.

It’s important to note that not all accidents and injuries will form the basis of a valid claim for construction accident compensation. You must have evidence of negligence.

To discuss your specific case and find out more about construction injury claims, call an advisor on the number above. You can find out whether you’re eligible to seek compensation and learn what steps to take to secure a settlement.

A construction worker laying on the ground after falling from a height. Another worker is sat with them.

Evidence That Could Help Support Construction Site Accident Claims

Evidence can help support construction site accident claims by showing a breach of duty led to a head injury being sustained. As such, it could be beneficial to gather the following:

  • A copy of the incident report from the accident book.
  • Photos of the accident and any hazards that caused or contributed, as well as pictures of the injuries.
  • Witness contact details so witness statements can be taken at a later date.
  • Copies of your medical records, such as CT scans, treatment plans, diagnosis letters, and doctor reports. This can help show any medical treatment needed.

One of the expert personal injury solicitors from our panel could assist you with building your case. They have years of experience handling head injury claims and can assist you in seeking compensation.

Find out more about working with a specialist solicitor from our panel. An advisor can discuss the question ‘Can you make a claim for a head injury in construction work?’ and connect you with a solicitor if you’re eligible.

Potential Compensation In A Claim For A Head Injury In Construction Work

After a successful construction accident claim, a payout comprising up to two heads of loss could be awarded to address the different impacts the head injury has had.

Firstly, general damages compensate for the pain and suffering of the injuries sustained, physical and/or mental. To get a more in-depth insight into the impact of the injury on your quality of life and how it’s likely to affect you in the future, you may need to attend an independent medical assessment as part of the claims process. This can produce a report that can be used to help value general damages.

This report can then be compared with the Judicial College Guidelines (JCG) which contains guideline award brackets for different types of injuries.

Compensation Table

The following table contains guideline figures from the JCG. The first entry is not from the JCG. Also, as head injury compensation claims are calculated on a case-by-case basis, you should use the figures in the table as a guide only.

Injury TypeSeverityNotesAward Brackets - Guidelines
Multiple Severe Injuries with Monetary LossesSevere A payout comprising compensation for the pain and suffering of multiple severe injuries and the financial costs incurred as a result, such as loss of earnings, care costs, and medical costs.Up to £1 million plus.
Brain Damage(a) Very Severe There is little evidence of the person having a meaningful response to their environment, poor language function, double incontinence, and the requirement for full-time nursing care.£282,010 to £403,990
(b) Moderately Severe The person will be very seriously disabled and need constant professional care. Disabilities can be physical, including limb paralysis, or cognitive, including an impact of intellect and personality.£219,070 to £282,010
(c) Moderate (i) A moderate to severe intellectual deficit, change in personality, an effect on the senses, and no employment prospects.£150,110 to £219,070
(c) Moderate (ii) Cases of moderate to modest intellectual deficit with the ability to work being reduced or completely removed.£90,720 to £150,110
(c) Moderate (iii) Concentration and memory are impacted and capacity for employment is reduced. There is a small risk of epilepsy but any dependence on others is limited.£43,060 to £90,720
(d) Less Severe A good recovery level is indicated and the person can return to work and taking part in a normal social life. There are some persisting issues around concentration and memory.£15,320 to £43,060
EpilepsyEstablished Grand MalThe level of award given will depend on different factors, such as whether the attacks are controlled with medication successfully and the effect on the person's working and social life.£102,000 to £150,110
Established Petit MalThe award given can depend on, for example, the impact on the person's work and social life, as well as the future prognosis.£54,830 to £131,370

Claiming For Financial Losses After An Accident In Construction

Another head of loss can form part of your compensation payout following a successful head injury claim. Special damages compensate for the financial losses incurred due to the injuries sustained. For example, you could claim back the cost of:

  • Past and future loss of earnings incurred due to time taken off work either temporarily or permanently.
  • Medical costs, such as the cost of prescriptions or counselling.
  • Costs for domestic care.
  • The cost of modifications to your home or car.
  • Travel costs, such as buses, taxis, or trains to and from the hospital.

You need to ensure you keep a record of these losses in order to claim them back. For example, you could keep hold of receipts, payslips, and invoices to substantiate your claim for special damages.

If you have any other questions about head injury claims and how they are calculated, call an advisor on the number above.

Can You Make A Claim For A Head Injury In Construction Work On A No Win No Fee Basis?

If our advisors find that you can claim for a head injury in construction due to meeting the eligibility criteria, they could connect you with a personal injury solicitor from our panel. The expert solicitors from our panel have experience handling claims for construction injuries and accidents and can assist claimants in seeking compensation.

If you choose to instruct a solicitor from our panel, they can offer their services via a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). A CFA can provide many benefits including no fees to pay your solicitor for their work upfront, as your claim proceeds, or if the claim has a failed outcome.

Following the completion of a successful claim, you need to pay a success fee to your solicitor. They will deduct this as a percentage of your compensation. However, the law caps this percentage to ensure you receive the majority of the awarded settlement.

You can reach out to an advisor to see whether you could make a personal injury claim under No Win No Fee terms. An advisor can also provide further guidance on the eligibility criteria for seeking head injury compensation and how to prove your case.

To get in touch, you can:

  • Call on 0161 696 9685.
  • Contact us online to discuss your potential building site injury claim.
  • Use the live chat feature below.

A solicitor working on a claim for a head injury in construction.

Learn More About Making A Construction Accident Claim

For more of our guides relating to accident at work claims:

For more of our helpful resources:

We hope this guide has answered the question ‘Can you make a claim for a head injury in construction work?’. However, if you need any further information, call an advisor on the number above.