How To Get Compensation For A Head Injury At Work

By Danielle White. Last Updated 22nd December 2022. If you’ve suffered a head injury at work, you may be able to receive compensation. This guide will explain under what circumstances you could claim, provide examples of the compensation you could receive and highlight the benefits of using a solicitor to claim compensation for this kind of injury. 

head injury at work

Head injury at work guide

If you have any questions about receiving a compensation settlement for a head injury, please contact our advisors, who are available 24/7. You can contact them for free, and they can inform you if you’re able to claim. Furthermore, they can also connect you with a No Win No Fee solicitor from our panel who has years of experience dealing with claims just like yours, provided that your claim has a good chance of success. 

This guide will also explain the benefits of claiming on a No Win No Fee basis. However, please remember that you’re not obliged to claim through us should we answer any of your queries. Contact us using the below details to see if you could receive compensation for an accident at work. 

  • Call us on the above phone number. 
  • Claim online using our website. 
  • Write to us using the window on the right side of your screen

Continue reading to learn more about claiming compensation for a head injury at work. 

Select A Section:

  1. What Is A Head Injury At Work?
  2. What Is The Criteria To Claim Compensation For A Personal Injury?
  3. How Might You Suffer A Head Injury At Work?
  4. Gathering Evidence For Accident At Work Claims
  5. Compensation Payouts In Head Injury At Work Claims
  6. What Are No Win No Fee Agreements?

What Is A Head Injury At Work?

A head injury at work can have a devastating impact on your quality of life, depending on the severity of the injury. We hope to answer questions like, “I got a concussion at work, can I claim?” and “how much can I claim for a head injury at work?”. 

This guide will explain the criteria for claiming, provide examples of the payouts you could receive and the evidence that could be vital to making a successful claim. We will also look at statistics relating to the frequency with which these accidents can happen in the workplace. 

To know more about the claims process, please contact our advisors. You can do so completely for free at any time that works for you using the details above. 

What Is The Criteria To Claim Compensation For A Personal Injury?

A successful personal injury claim involves proving that third-party negligence caused your injury. Certain third parties, such as employers, have a duty of care. For employers, their duty of care in Great Britain is illustrated in The Health and Safety at Work etc. Act 1974. 

The legislation details their responsibilities to employees. These responsibilities are legally binding, meaning that if they negate them or act in a way that goes against them, they could be liable if someone is injured as a result. 

Another important consideration is the time limit you have in which to start a claim. In most cases, you have three years from the injury date or three years from the date you became aware that your injury was caused by negligence to begin claims proceedings. In England and Wales, The Limitation Act 1980 establishes this. 

However, there are exceptions to this. If you suffer an injury as a child, you have three years from the date of your eighteenth birthday to claim. You need to appoint a litigation friend if you want to claim before you turn eighteen. 

Additionally, you can also use a litigation friend to claim if you lack the mental capacity to claim. In this instance, the time limit to begin claims proceedings is suspended. However, if you regain mental capacity, the three-year time limit will resume again 

How Might You Suffer A Head Injury At Work?

This next section will provide examples that show how you could suffer a head injury at the workplace. Whether you’ve suffered a concussion at work or you’re seeking TBI workers compensation, the crucial aspect is that the primary cause of the injury was caused by employer negligence. 

Therefore, you may be able to claim for instances like:

  • Suffering a minor head injury at work due to falling from a faulty ladder that your employer knew (or should have known) about. 
  • Getting a serious eye injury because you were using insufficient protective eyewear. If you suffer an injury due to substandard personal protective equipment (PPE) being provided by your employer, you could receive compensation. 
  • Suffering an accident at work due to being struck by a moving object. For example, you could be hit by materials on a building site because of a machine malfunction. If this occurred because of the negligence of your employer, you could pursue compensation. 
  • Having a head injury at work due to a slip, trip or fall. If this was because a wet floor was not signposted correctly, you could claim for the multiple injures caused. 

Where Could I Suffer A Head Injury At Work?

You may be more likely to suffer from a head injury at work in particular work environments that involve manual labour. These environments  include:

However, head injuries can also occur in other environments. For example, you could sustain a head injury in an office if you slip and fall, resulting in you hitting your head on the side of a desk.

If you would like to know more about making a claim, such as a TBI workers compensation claim, speak with a member of our team today.

Head Injury At Work – Potential Symptoms

You may be wondering what symptoms could appear if you suffer a head injury at work. According to the NHS, you might experience the following:

  • Vomiting.
  • A headache.
  • Behaviour changes.
  • Memory problems.
  • Bleeding from ears.
  • Clear fluid from ears or nose.
  • Numbness or weakness in part of the body.
  • Problems walking, balancing, understanding, speaking, or writing.

This list is not fully comprehensive. You may want to contact a doctor for medical advice if you experience any symptoms following head injuries at work, even if they aren’t on this list.

If you make a successful head injury at work claim, the severity of the symptoms you suffer could help determine how much compensation you receive. Call our advisors to find out more.

Gathering Evidence For Accident At Work Claims

As previously mentioned, evidence will be useful in proving that negligence caused your injury. As the claimant, you need to show that your employer’s actions caused your injury. Evidence that could help you prove your personal injury claim could include:

  • Photographs of the accident scene and your injury
  • CCTV footage
  • Statements from witnesses. You can collect contact details so that a statement can be taken at a later date
  • Medical scans

Another important aspect to claiming for a head injury at work in the UK is the independent medical assessment that is part of the claims process. An impartial medical professional will assess the nature of your injuries and confirm whether your injuries are consistent with the accident in question. 

The report produced from this assessment could be used to support a brain injury at work compensation claim. To learn more about this, please contact us at a time that works for you using the above details. Our advisors will be more than happy to answer any questions you have. 

Head Injury At Work Statistics

Head injury at work statistics graph

The Health and Safety Executive (HSE) provides head injury at work statistics for Great Britain. By providing guidance and confirming procedures, the HSE aims to limit the number of accidents that occur in workplaces. 

As shown above, in 2020/21, there were 4,263 reported non-fatal head injuries in workplaces across Great Britain. Of these, 2,542 involved injuries to a part of the face other than the head. Furthermore, 595 involved the eye and 963 involved other parts of the face that aren’t specified.

Unfortunately, the data doesn’t show the number of these injuries that led to a successful personal injury claim. This is because these statistics relate to occurrences overall and not accidents caused by negligence. 

For more guidance, you can contact us at a time that suits you. Our advisors are available 24/7 and can answer any queries about claiming for a workplace accident you may have. 

Compensation Payouts In Head Injury At Work Claims

When you pursue compensation for an accident caused by a breach of duty of care, there are two potential heads of claim. The suffering and pain caused by the accident can be compensated through general damages. The amount of general damages you could receive depends on factors including:

  • The length of your recovery time
  • Whether any permanent effects were caused. 
  • The extent of the injury

The physical pain and psychological trauma caused by the accident are both considered.

Work from The Judicial College can help demonstrate how much you could receive. They have created compensation brackets, which you can see below, by analysing payouts and comparing them to the significance of the injury. 

However, please remember that these brackets only indicate what you could receive. Many factors could dictate the amount of compensation you get from a successful claim, and these figures should only be used as a guide. 

Type of InjurySeverityAmount of CompensationDescription
BrainVery Severe£282,010 to £403,990Very severe brain injuries in this bracket cause there to be little, if any, evidence of the injured person having meaningful reponses to environment, with little to no language function and double incontinence with full-time nursing care being required.
BrainModerately Severe£219,070 to £282,010This bracket is for injuries that will leave the injured person very disabled. They will have a substantial dependence on others with a need for constant care.
BrainModerate (i)£150,110 to £219,070Injuries in this bracket cause intellectual deficit of a moderate to severe nature, with other potential symptoms including a personality change with an effect on speech, sight and their senses.
BrainModerate (ii)£90,720 to £150,110Cases in this bracket lead to a moderate to modest deficit of intellect, with the injured person's employment prospects being greatly reduced, if not removed completely.
BrainModerate (iii)£43,060 to £90,720This bracket is for injuries that cause issues with concentration and memory, with the ability to work being reduced greatly with there also being a small risk of epilepsy.
BrainLess Severe£15,320 to £43,060Injuries in this bracket will lead to the injured person making a good recovery, meaning they will be able to take part in a normal social life and return to work.
Brain or HeadMinor£2,210 to £12,770This bracket is for a minor head or brain injury that causes minimal brain damage, if any.

What Are Special Damages For Personal Injury Claims?

The second head of claim is called special damages. It relates to the financial losses you’ve suffered due to the injury. You could claim for: 

  • Private healthcare costs
  • Loss of earnings, including future earnings 
  • Travel costs

However, please remember that you wouldn’t be able to make a claim just for special damages. If you don’t receive general damages, you won’t receive special damages either.

This is because, by not receiving general damages, it’s been deemed that the third party in question were not liable for your injuries.  As a result, they can’t be held responsible for costs that incur as a result. 

Adding A Care Claim

Whether you’ve suffered temporary or permanent health issues, the cost of care could also be included in special damages. This could cover the cost of a nurse or professional care that you’ve needed because of the injury.

Like with all other aspects of a head injury at work claim, you would only receive compensation if you can prove that your injury was caused by the negligence of someone who had a responsibility to ensure your safety. 

What Are No Win No Fee Agreements? 

You may want to know more about the benefits of using a No Win No Fee solicitor if you’ve experienced a head injury at work. Should you choose to claim with this kind of agreement in place, you won’t have to pay your solicitor’s legal fees during the claims process. There’s also nothing to pay them in the event that your claim is unsuccessful.

Instead, you would only need to pay their legal fees at the end of a successful claim. A small, legally capped success fee will be taken from your compensation by your solicitor. Furthermore, there are no hidden fees or costs through this method as all potential costs are clarified to you before you agree to their services. 

Speak To Us About Head Injury Claims

Our advisors offer legal advice that is completely free at any time that suits you. You can contact them 24/7, and they can inform you quickly and easily if you’re able to claim. Furthermore, they can also put you through to a personal injury solicitor from our panel who specialises in claiming for accidents like a traumatic head injury at work, provided that you have a valid claim. 

Contact us using the below details: 

  • Call us on the above phone number. 
  • Claim online using our website. 
  • Write to us using the pop-up window on the right side of your screen. 

Extra Resources About Head Injury At Work Claims

For more useful information, please use the links below. 

The NHS provides medical guidance for minor head injuries. 

They also provide further guidance if you’ve suffered a concussion. 

Have you suffered a serious brain injury? If so, the brain injury charity, Headway, can provide services that could help you. 

We also have a bunch of guides on accident at work claims which you can read below:

Call our advisors using the details above if you have any more questions about claiming for a head injury at work. 

Written by DUR

Published by STO