How Do You Make A Head Injury At Work Claim And What Compensation Could You Receive?

By Cat Grayson. Last Updated May 10th 2024. This guide will explain how to make a head injury at work claim. We will also explain how head injuries at work, such as a concussion, may happen. And we have included a compensation table so that you can look at the guidelines for evaluating injuries.

A worker lays on the floor with a helmet beside him after suffering a head injury

Under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care, which means that the employer is responsible for ensuring that your work environment is safe and hygienic as much as can be reasonably expected. So, what happens if you suffer a head or brain injury at work because your employer acted negligently? Your employer could be liable for your injuries and have to pay you compensation.

To begin your head injury at work claim, please call us on 0161 696 9685, or contact us via our website. A trained advisor can offer you legal advice. And what’s more, our panel of solicitors could offer to handle your claim on a No Win No, Fee basis. So please get in contact right now to begin your claim.

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Types Of Head Injury At Work Claim

You might be eligible to claim compensation for a head injury at work if your employer acted negligently. Let’s look at some examples of head injuries a worker may experience. Many of the types of head injuries below are serious medical emergencies that require immediate medical treatment. Otherwise, they can be life-threatening. If someone is severely injured, please dial 999 for an ambulance.

  • A concussion, Symptoms of a concussion include headaches, dizziness and nausea.
  • An intracranial hematoma (ICH), epidural hematoma, subdural hematoma is when there is a bleed on the brain.
  • Traumatic Brain Injury, TBI, trauma to the brain that can result in brain damage.

A blow (blunt force trauma) to the head can cause a fractured skull and broken skull bone injuries. Consequently, fractured skull injuries may require surgery to repair. So let’s look at some examples of broken skull bone injuries below.

  • A linear skull fracture is a crack in the skull. The linear skull fracture does not have any splintering or distort the bone.
  • Moreover, a diastatic skull fracture occurs in infants and newborn babies more commonly.
  • A depressed skull fracture causes part of the skull to cave inwards.
  • And a basilar skull fracture affects the base of the skull.

Work-Related Head Injury Statistics

According to the Health and Safety Executive, 2,542 non-fatal head injuries at work took place during 2020/21. The HSE also recorded an additional 98 injuries to several locations on the head during the same period.

Starting Your Head Or Brain Injury Claim

If your employer neglects proper health and safety standards, this could possibly lead to accidents causing a head injury at work. An accident can happen because a heavy object fell from a high shelf, or part of the ceiling came down, striking a worker on the head. Or the employer may not have provided a worker with a hard hat in a hazardous environment. Taking the following steps can help if you have a valid head injury claim.

  • Seek the appropriate medical attention, especially if you are severely injured. Your solicitor can use your medical records to prove your injuries.
  • Gather evidence that shows how your employer was responsible for your head injury. Such as photographs of the hazard that caused your injury at work.
  • Report your injuries to your manager. Your manager should record the workplace accident in your company’s accident log book.
  • Keep a diary of the symptoms you experience and your recovery.
  • Contact Advice.co.uk, and let our expert advisors assess the validity of your case.

Limitation Periods You Need To Be Aware Of

There is a time limit for making a head injury at work claim. According to the Limitation Act 1980, there is a three-year personal injury claims time limit. The time limit begins the day the accident at work occurred. Or the time limit will start on the date that you connect your injury to negligence.

There are exceptions, especially for those with reduced mental capacity or those under the age of 18. As minors cannot represent themselves a litigation friend can be appointed to pursue the claim on their behalf. If no claim is made by the time the minor turns 18 their 3-year time limit will begin. For those who have reduced mental capacity, the time limit is frozen until a recovery is made. Again a litigation friend can represent the victim.

How Much Could You Be Awarded In A Head Injury At Work Claim?

Because each head injury at work claim is unique, we can’t tell you exactly how much you could get if your claim succeeds. This is because the amount you receive can depend on:

  • Your evidence
  • Whether the other party accepts liability
  • The severity of your injuries
  • How they occurred

Usually, a personal injury claim can result in two heads of compensation. The first of these is general damages, and all successful head injury at work compensation claims will be awarded this heading.

General damages are used to address the pain, suffering, and loss of amenity you experience as a result of your injuries. When calculating this heading, professionals might refer to the Judicial College Guidelines (JCG). This document contains guideline compensation brackets for head injuries of different severities.

You can see some examples of these in the table below. However, please note that these are not guaranteed amounts, and that the first entry in the table has not been provided by the JCG.

Guideline Compensation Brackets

SeverityInjury TypeDamagesComments
SevereMultiple Severe Injuries + Special DamagesUp to £1,000,000+Severe injuries and financial losses, such as travel costs or lost earnings.
Very Severe (A)Brain Damage£344,150 to £493,000In the most serious of instances the person may be able to follow some basic commands. They could be able to open their eyes and may have a pattern of sleeping/ wakefulness.
Moderately Severe (B)Brain Damage£267,340 to £344,150The person could have a serious disability and will be very dependent on another person. They require professional help/ care.
Moderate (C) (I)Brain Damage£183,190 to £267,340This person suffered a moderate to severe level of intellectual deficit. The personality may also have been affected or altered.
Moderate (C) (ii)Brain Damage£110,720 to £183,190Intellectual deficits will be modest to moderate. The person either can not work, or can only do so at a reduced capacity.
Moderate (C) (iii)Brain Damage£52,550 to £110,720Memory and ability to concentrate are reduced/ affected. The capacity to work has been reduced.
Less Severe (D)Brain Damage£18,700 - £52,550Victims could make a good degree of recovery returning to work and their social life.
Minor (E)Head Injury£2,690- £15,580Any brain damage caused should be minimal.

What Other Head Injury Compensation Could I Receive?

You might also be eligible for special damages. Not every claimant receives compensation under this heading, because it addresses the financial losses you experience as a result of your injuries.

For example, this could include the cost of:

  • Prescriptions.
  • Home adjustments.
  • Mobility aids.
  • Professional nursing care.
  • Loss of earnings.
  • Travel.
  • Childcare.
  • Housekeeping.

Evidence will need to be presented of these financial losses in order to claim compensation for them. This could include bank statements, payslips, and invoices.

To learn more about head injury compensation claims, we recommend you get in touch with a member of our team.

Begin A Brain Or Head Injury Claim With A No Win No Fee Lawyer

To begin your head injury at work claim, please contact us today. Our panel of personal injury lawyers can help you claim the compensation you deserve. What’s more, you will have the option to sign a Conditional Fee Agreement and make a No Win No Fee claim.

When you make a No Win No Fee claim, you will not have to pay a solicitors fee upfront. Therefore, it’s a more affordable way to hire legal representation. Instead, they will deduct a success fee from your final compensation payout if you win your claim. However, they won’t charge you a success fee if your compensation claim is unsuccessful.

At Advice.co.uk our advisors will only connect you to our panel of No Win No Fee solicitors if there is adequate evidence to prove that your employer caused your accident by acting negligently. And that your head injury was caused by your accident at work.

To begin your claim, please contact us using the details below:

  • Call our compensation advice line on 0161 696 9685
  • Or contact us using our website
  • Alternatively, ask us a question directly using the Advice widget

Learn More About Workplace Injury Claims

Feel free to read these online guides to find out more about claiming for an accident at work.

An NHS guide to traumatic brain injuries

NHS advice for treating a minor head injury

A Citizen’s Advice guide to claiming for accidents at work

Below, you can find links to lots more guides on accidents at work:

  1. Accidents at work FAQ
  2. How to make an accident at work claim
  3. Finger injury at work claims
  4. Shoulder injury at work claims
  5. Building and construction site accident claims
  6. Broken finger at work claims
  7. Warehouse accident claims
  8. Eye injury at work claims
  9. How do you make a claim for a broken foot at work?
  10. Claiming for injuries after a scaffolding accident
  11. Serious accident at work – how to claim
  12. Broken ankle at work claims
  13. Industrial accident claims
  14. How long after an injury at work can I claim?
  15. Slip and fall at work compensation payouts
  16. What are the most common accidents at work?
  17. What is the process of making a work accident compensation claim?
  18. I suffered a broken bone at work, how do I claim?
  19. Factory accident claims
  20. How does a handy injury at work claim work?
  21. How to claim for falling down the stairs at work
  22. Make a claim if you slipped on a wet floor at work
  23. Carpal tunnel injury compensation payouts
  24. Am I eligible to make a leg injury at work claim?
  25. Injury at work claim – what you need to know
  26. Can you sue your employer if you get hurt on the job?
  27. How does an accident at work claim work?
  28. Who is responsible for a car accident at work?
  29. How to find the best accident at work claims company
  30. Temporary workers rights after an accident at work
  31. Can I sue Amazon for an injury at work?
  32. Can I sue Amazon as an employee after a workplace accident?
  33. I was injured due to gross misconduct at work
  34. Find out if you can claim after you were hit by a falling object at work

Thank you for taking the time to read our guide to making a head injury at work claim.