Example Compensation Awards For Brain Damage After An Accident At Work

Are you looking to claim compensation on behalf of a loved one that has suffered brain damage due to employer negligence? You may have suffered brain damage yourself and are looking to see if you can claim. This guide aims to help you. We’ll explain the claims process and how you can value potential compensation. 

brain damage

A guide on claiming for brain damage

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Choose A Section

  1. Can I Claim Compensation For Brain Damage After An Accident At Work?
  2. How Brain Injuries Could Happen At Work
  3. What Could You Do To Prove A Breach Of Duty?
  4. Compensation Payouts For Brain Damage
  5. Can I Have A No Win No Fee Agreement?
  6. Guidance About Brain Damage Claims

Can I Claim Compensation For Brain Damage After An Accident At Work?

You could claim compensation for brain damage caused by someone else’s negligence as it falls under the personal injury claims umbrella. If you or someone you love has been injured at work due to employer negligence, then you could begin the claim process. 

When making a claim, you need to establish that:

  1. Your employer owed you a duty of care
  2. They breached this duty, causing an incident or accident 
  3. You suffered an injury or illness as a result

If you can show this, you could be awarded compensation for your suffering. 

Time Limits When Making A Claim

When making a personal injury claim, there is a general time limit that has been set out by the Limitation Act 1980. It states that there is generally a 3-year time limit, meaning that you should start the claim within 3 years of you first being aware that you have suffered an injury due to an employer’s negligence.

However, there are exceptions to this rule. These include: 

  • Claiming on the behalf of a child/children: If a person is under the age of 18 and suffered a workplace accident that wasn’t their fault, then someone could claim on their behalf. This is known as a litigation friend. If nobody claims on their behalf, they’d have 3 years from their 18th birthday to start a claim. 
  • Claims on the behalf of those who lack mental capacity: If someone doesn’t have the mental capacity to claim, a litigation friend could claim on their behalf. The time limit would be frozen unless the person gains mental capacity. If they do gain mental capacity, the time limit for the individual to claim would start from the date of recovery.

To find out more, why not reach out to our advisors?

Frequency Of Brain Injuries 

The Health and Safety Executive (HSE) is the government body that regulates workplace health, safety and welfare. It also produces health and safety at work statistics for Great Britain. For the year 2020/21 there were 1.7 million people suffering from work-related illnesses (whether it was a long-standing illness or a new one).

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) recorded (provisionally) that 4,263 employees suffered non-fatal injuries to head locations in 2020/21. What’s more, 2,542 of those were to the head (excluding the face). 

RIDDOR gathers information from employers’ reports. Out of the 51,211 non-fatal injuries reported by employers in 2020/21, 33% were caused by slips, trips or falls on the same level.

How Brain Injuries Could Happen At Work

There are many different ways brain damage could happen, and the effect could range from severe to minor. For example, you may work in construction and your employer may not provide you with the correct personal protective equipment (PPE). This could be any form of headgear, such as a hard hat. An object could fall from a height, hitting you and therefore it could result in a head injury that could develop into a brain injury. In this instance, your employer could be at fault. 

The Health and Safety at Work etc. Act 1974 (HSWA 1974), is one of the most prominent pieces of government legislation that involves health and safety in the workplace. It states that it is an employer’s responsibility to ensure that the working environment is as safe as reasonably possible, using the appropriate health and safety measures and policies.

What Could You Do To Prove A Breach of Duty?

Providing evidence that an accident has occurred is vital for building your claim. Evidence may vary depending on the type of accident or injury. 

Types of evidence that could be used as part of your claim:

  • Photographs of your injuries
  • Any written reports of the accident, such as the workplaces accident book
  • Photographs of the accident location
  • Witness statements

If you have been involved in an accident at work, then the first course of action would be to seek out medical attention. Then you could proceed with gathering all the evidence listed above.

It could be useful to obtain legal advice during the process. This can help you understand the legal requirements, guide you through the correct path and aid you in strengthening your claim.

For any further advice on brain damage claims, contact us and our advisors will be happy to help. They are available 24 hours a day, 7 days a week.

Compensation Payouts For Brain Damage

Compensation payouts for brain damage vary depending on different factors, such as the severity of the injuries and the strength of the evidence. Different injuries are aligned with different award brackets in the Judicial College Guidelines. This is depending on, for example, how severe the injury you have suffered is and how it has affected the normality of your life. 

The guidelines are a publication by the Judicial College, offering information on the compensation brackets. Personal injury solicitors could use this when they are valuing your claim.

Brain InjuriesHow much?Description
Brain Damage: Very Severe£264,650 to £379,100In this bracket, the injury has caused very severe brain damage, so much so there may be the ability to follow basic commands. This award can be affected by physical limitations, sensory impairment, life expectancy and any behavioural problems.
Brain Damage: Moderately Severe£205,580 to £264,650The injured person will be very seriously disabled. There would need to be a dependence on others and a need for constant professional care
Brain Damage: Moderate (i)£140,870 to £205,580Cases involving a moderate to severe intellectual deficit, an effect on eyesight, personality change and an effect on speech and senses.
Brain Damage: Moderate (ii)£85,150 to £140,870Cases involving a moderate to modest intellectual deficit, there is some risk of epilepsy and the ability to work is greatly reduced or removed.
Brain Damage: Moderate (iii)£40,410 to £85,150Cases involving affected memory or concentration, there is a risk of epilepsy and the ability to work is reduced.
Brain Damage: Less Severe£14,380 to £40,410In cases where the injured person will have made a good recovery, is able to take part in a social life and returns to work.
Head or Brain Injury: Minor£2,070 to £11,980Cases where the damage is minimal. The award will be affected by the severity of the initial injury, the presence or absence of headaches and the extent of any continuing symptoms.
Epilepsy: Established Grand Mal£95,710 to £140,870Established Grand Mal
Established Petit Mal£51,460 to £123,340Cases in this bracket will be affected by the effect on working and/or social life, whether attacks are successfully controlled by medication and the extent to which the medication is likely to persist.
Other Epileptic Conditions£9,990 to £24,680Cases where there is a temporary resurgence of epilepsy or one or two discrete epileptic episodes. It can be affected by the extent of any consequences of the attacks.

General damages is the term used for compensation paid out for any pain, suffering and loss of amenity arising out of the injuries that were sustained in an accident caused by someone else’s negligence. This may be physical and/or psychological. 

To fully understand the severity of your injuries, you may be invited to attend a medical assessment as part of the process. This is where an independent medical professional would assess your injuries and then make a report of their findings. 

Special damages is the term used to refer to any financial losses that have been incurred as a direct result of the accident. These damages are conditional and would need evidence to prove that you have in fact incurred the losses. 

 Special damages can cover losses including the following: 

  • Childcare costs
  • Loss of earnings
  • Travel expenses
  • Prescriptions/aids

If you would like to ask our advisors to value your claim for free, contact us today.

Can I Have A No Win No Fee Agreement?

A No Win No Fee agreement is an agreement between you and your solicitor.

It allows you to access the services of a solicitor with reduced financial risk, and without paying any upfront fees. You only pay their fee if your No Win No Fee claim is successful. What’s more, the percentage of the fee is capped by law. Your solicitor will discuss this with you so that there aren’t any surprises.

If your case is unsuccessful, you won’t pay any solicitor fees. 

Our advisors can put you in touch with our panel of personal injury solicitors. This service is available 24/7 so feel free to contact us about your questions.

Make A Brain Damage Compensation Claim 

Any questions or queries about brain damage claims you might have can be answered by our advisors. Feel free to contact us by: 

  • Using our live chat feature
  • Calling us on the number at the top of the page
  • Contacting us through our website

Guidance About Brain Damage Claims

Here are some additional resources for you to have a look through.

The NHS website has information on what to do when someone has had a head injury or a concussion, as well as finding services near you. 

The HSE has guidance on how accident claims work as well as examples of reportable incidents.

The HSE also has more health and safety at work statistics for Great Britain. 

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

To find out more about claiming for brain damage caused by employer negligence, reach out to our advisors.

Written by Wel

Publisher Vic