How To Make A Head Injury At Work Claim

If you have had an accident at work, this page will let you know whether you could be entitled to make a head injury at work claim. You can only pursue compensation if you were injured as a result of negligence in the workplace.

head injury at work claim

Head injury at work claim guide

In this guide, we will look at the duty of care that you’re owed while you’re working, as well as how this can be breached. Furthermore, we will discuss what steps you can take to help support your claim and more on how working with a No Win No Fee solicitor could benefit you. 

To find out more about making a personal injury claim get in touch with us directly. You can: 

  • Call the number provided above
  • Use our live chat feature at the bottom of this page
  • Fill out our contact page

Select A Section or Browse Our Guide

  1. When Are You Eligible To Make A Head Injury At Work Claim?
  2. How To Make A Head Injury At Work Claim
  3. What Accidents Could Lead To A Head Injury Accident Claim?
  4. Potential Compensation From A Head Injury Claim
  5. Make A No Win No Fee Head Injury At Work Claim Using Our Panel Of Solicitors
  6. Learn More About Claiming Compensation For An Injury At Work

When Are You Eligible To Make A Head Injury At Work Claim?

When claiming for a head injury at work, you must be able to demonstrate that your injury was caused by negligence. There are three criteria that apply to negligence, which are:

  1. Your employer had a duty of care towards you at the time and place of the incident. 
  2. They breached this duty of care. 
  3. This breach of care was directly responsible for you sustaining a head injury at work. 

If you can prove all 3 of these factors were true of your accident at work, then you can demonstrate employer negligence; as a result, you could sue your employer.

Your employer’s duty of care is set out in the Health And Safety At Work etc. Act 1974. This states that your employer should take reasonably practicable action to protect you from harm at work.

If you would like an assessment of the validity of your claim, speak with a member of our team today.

How To Make A Head Injury At Work Claim

Once you know you have a basis to make a claim for employer negligence, you will need to begin gathering evidence to support your claim. This can show that your employer’s negligence has caused your injury, as well as how you’ve been affected by your symptoms. 

Below, we have included examples of the evidence you could provide in a head injury at work claim: 

  • CCTV of the accident happening.
  • A treatment diary to document your recovery and the pain and suffering your injuries caused you. 
  • Copies of relevant medical records. 
  • Photographs of your injury and the accident site. 
  • Contact details of any eyewitnesses to the accident, so that they can provide a statement. 
  • Past payslips to demonstrate possible loss of income.

One of our personal injury solicitors can assist you in gathering evidence to make your claim. Please get in touch with us to see if you could be provided with legal representation. 

Is There A Time Limit When Making A Claim For An Accident At Work?

The time limit for beginning a personal injury claim is set out by The Limitation Act 1980.  This legislation outlines that you will have 3 years from the date of your accident to begin making your claim. 

In some instances, this limitation period can be suspended because of exceptional circumstances. For example, if the claimant is under 18 then they cannot make their own claim, meaning that the time limit is suspended 

A litigation friend can claim on their behalf while the suspension applies. To find out more about what it means to be a litigation friend and the time limits that apply to claims, please get in touch. 

What Accidents Could Lead To A Head Injury Accident Claim?

Below, we have included some examples of how you could be injured in the workplace as a result of negligence: 

  • You are injured in an office because of a wire that was left trailing across the floor, which you then trip on.
  • You sustain a concussion on a building site because your employer fails to provide you with a helmet and you’re then hit by a moving object.
  • You slip and fall in the workplace if the floor was wet and not properly signposted using a wet floor sign. As a result, you sustain a back injury
  • You go to use a ladder that has not been regularly safety checked and it collapses as you use it, meaning that you fracture your ankle. 

Your circumstances might vary from those outlined above; speak with a member of our team for an assessment of how much your claim could be worth. 

Potential Compensation From A Head Injury Claim

When you make a successful personal injury claim, your settlement will include general damages. This head of claim accounts for the physical and/or emotional suffering caused as a result of the accident in which you were injured.

The Judicial College provides guideline compensation brackets for a variety of different kinds of injuries. This document is used by legal professionals to assess the value of the general damages head of a claim; it should only be used as a guide and not a guarantee. We have created a table using the figures from this document below. 

Compensation Guideline Brackets for Head Injuries

InjurySeverityCompensation
Brain Damage
Very Severe£282,010 to £403,990
Brain DamageModerately Severe£219,070 to £282,010
Brain DamageModerate (i) £150,110 to £219,070
Brain DamageModerate (ii) £90,720 to £150,110
Brain DamageModerate (iii) £43,060 to £90,720
Brain DamageLess Severe£15,320 to £43,060
Brain DamageMinor£2,210 to £12,770
EpilepsyEstablished Grand Mal £102,000 to £150,110
EpilepsyEstablished Petit Mal£54,830 to £131,370
Other Epileptic Conditions Discrete £10,640 to £26,290

Claiming Special Damages In A Workplace Injury Claim

Special damages are the other potential head of a successful personal injury claim. They cover the financial costs and losses that you’ve incurred because of the accident in which you were injured. 

This may include: 

  • Travel costs
  • Care costs
  • Medical expenses 
  • Loss of income (either past or future)

It is important to document the costs your injuries have caused you by keeping receipts, bills and payslips to demonstrate these.  You can use these forms of evidence to support your claim. 

Make A No Win No Fee Head Injury At Work Claim Using Our Panel Of Solicitors

Our panel of solicitors can work with claimants under a No Win No Fee agreement. More specifically, they could offer a kind of No Win No Fee called a Conditional Agreement.

This generally means that:

  • You don’t need to make upfront or ongoing payments for their services
  • If your claim isn’t a success, then you won’t pay your lawyer for the work they’ve done
  • Your solicitor’s fees are only paid upon the condition of them winning your case for compensation. This is deducted as a legally-capped percentage of the settlement you’re awarded. 

For free advice on your potential head injury at work claim, get in touch with our helpful team.  They are available 24/7 to answer your questions.

Contact us: 

  • Via the number at the top of the page
  • Using our live web chat feature
  • Fill out our contact page

Learn More About Claiming Compensation For An Injury At Work

To learn more about making a heady injury at work claim, as well as more information on the claims process, please see the links below. 

How To Sue A Former Employer For An Injury

Claiming For A Bus Stop Injury 

Back Injury Claims 

If you’d like to find out how you can claim if you’ve suffered facial scarring this guide can help you.

We also have some external resources linked below that you could find useful:

Head injury and concussion – NHS

Slips and trips – Health and Safety Executive

Statutory Sick Pay (SSP)

Article by Sti

Edited by Sto