How Can I Make a Successful Head Injury at Work Claim?

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Making a head injury at work claim may seem daunting at first. We have made this guide to help you through the process.

Head injury at work claim guide
Head injury at work claim guide

Through this article, you can find out what makes an injury eligible for a payout, potential head injury scenarios, and examples of employer negligence. 

Our advisors are standing by with free legal advice. Contact us if you have experienced a head injury at work due to employer negligence; if your claim is valid, you might be connected with our panel of accident at work lawyers. 

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Choose A Section

  1. Could I Make A Head Injury At Work Claim?
  2. Ways That You Could Suffer A Head Injury
  3. How Could I Prove That An Employer Breached Its Duty Of Care?
  4. Potential Compensation Payouts For My Head Injury At Work Claim
  5. How Do I Appoint A No Win No Fee Lawyer?
  6. Additional Notes About Head Injury At Work Claims

Could I Make A Head Injury At Work Claim?

 You might be eligible to make a head injury at work claim if you suffered an injury as the result of your employer’s negligence.

Under the Health and Safety at Work etc Act 1974 (HASAWA), your employer owes you a duty of care. This means that they must take reasonable steps to protect the health and safety of their employees.

If an employer breaches the duty of care that they owe you, this could result in injuries. You may be able to claim compensation for the harm you were caused.

For more information on the duty of care that employers owe their workers, speak with one of our advisors today. They will be happy to offer you free legal advice.

Head Injury At Work Statistics

Certain injuries must be reported to the Health and Safety Executive (HSE) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). However, you can be injured in a way that does not need to be reported to the HSE, but that you can still claim for. 

According to the HSe, there were 4263 injuries to head locations in 2020/21. These included: 

  • 595 to eyes
  • 65 to ears
  • 963 to other parts of the face
  • 2542 to the head, excluding face
  • 98 injuries to several locations of the head

You might want to sue your employer if you have suffered a head injury due to their negligence. Our advisors are available 24/7 to talk about your injury. 

Ways That You Could Suffer A Head Injury

Health and safety policies should be in place to prevent workplace injuries. Health and safety risk assessments should be carried out to identify risks that can then be removed. If a risk cannot be removed, it should be reduced as much as possible. 

Below are some examples of workplace accidents that could cause a head injury:

  • Slips, trips and falls. A head injury can be caused by a slip, trip or fall. For example, a slip could be left without being signposted or cleaned up. Alternatively, the floor surface might be poorly installed or unsuitable.  
  • Unsafe equipment. It is up to your employer to have the necessary checks carried out on equipment. Failure to do so could result in serious injury. For example, a piece of equipment could break off and hit your head, leading to an injury. 
  • Inadequate personal protective equipment (PPE). Your employer must provide any PPE you might need to do your job safely. For example, if a helmet is required to reduce the risk of injury in your role, then it is up to your employer to provide it and any other necessary PPE for free. It should fit properly and your employer cannot charge you for it. 
  • Lack of training. Your employer should provide any training necessary to safely carry out your job for free, including health and safety training. For example, if your job role requires you to lift and carry objects, you should be given manual handling training to reduce the risk of a lifting accident. 

If you have suffered a workplace injury due to employer negligence, you may be eligible to make a head injury at work claim. Our advisors are available 24/7 to provide free legal advice surrounding your claim.

How Could I Prove That An Employer Breached Its Duty Of Care?

It is up to you to prove your employer was negligent should you wish to make a head injury at work claim. To do this, it could be useful to collect evidence in support of your claim. 

After a workplace head injury, you should:

  • Seek medical attention. Following an accident, it can be helpful to seek medical advice. Medical notes made by a doctor can provide evidence should you pursue a claim. 
  • Gather evidence. Evidence can come in many forms. For example, you are within your rights to ask for CCTV footage of the accident. Note witness contact details, if there are any. If you use a solicitor to make a claim, your solicitor may ask them for a statement. Take photographs of your injury or of the scene of your accident if you can. 
  • Accident log book. All workplaces with ten or more employees must have an accident book. Details of the injury should be filled in the accident log book. Include your name, the date and time. 
  • Seek legal advice. If you are pursuing a work injury claim, a solicitor can make the process feel easier. However, you are under no obligation to use one in pursuit of a claim. 

If you have experienced a head injury while at work because of your employer’s negligence, you may be eligible to file for compensation. Our advisors are on hand 24/7 to speak to you about the strength of your claim. 

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Potential Compensation Payouts For My Head Injury At Work Claim

A work injury compensation payout can be made up of two different “heads” of claim. These are general damages and special damages.

General damages cover the pain and suffering caused by your injury. This suffering can be physical or psychological. The Judicial College Guidelines (JCG) is a document that sets out guideline compensation brackets alongside a list of injuries. The below table illustrates extracts from these guidelines. 

InjuryPotential CompensationNotes
Very severe brain damage£264,650 to £379,100There might be some ability to follow basic commands. However, there is little to no response to the environment and language function. Needs 24/7 nursing care
Moderately severe brain damage£205,580 to £264,650Serious disability with either physical or cognitive deficits. Intellect and personality changes. Dependence on others.
Moderate brain damage (i)£140,870 to £205,580A change in personality with moderate to severe intellectual deficit. Impacts the senses, including sight and speech. Risk of epilepsy. No chance of employment.
Moderate brain damage (ii)£85,150 to £140,870Moderate to modest intellectual deficit. Reduced ability to work. Some risk of epilepsy.
Moderate brain damage (iii)£40,410 to £85,150Reduced ability to work with concentration and memory impacted. Small risk of epilepsy. Very limited dependence on others.
Less severe brain damage£14,380 to £40,410Good recovery with normal social life and return to work. Might be persisting problems, such as poor concentration and memory, and mood changes. May impact lifestyle and future work prospects.
Minor brain or head injury£2,070 to £11,980The award is impacted by the severity of the initial injury, recovery period, any continuing symptoms, and whether there’s headaches.
Established grand mal epilepsy£95,710 to £140,870Epilepsy that has a loss of consciousness and muscle contractions
Established petit mal£51,460 to £123,340Factors impacting the award include: whether it is controlled by medication and the extent to which the requirement for medication is likely to persist. If life appreciation is dulled by medication. Impact on work and social life. Any behaviour problems. The prognosis.
Other epileptic conditions£9,990 to £24,680One or two discrete episodes. Award is impacted by consequences on lifestyle and the duration of the attacks.

Special damages cover any monetary losses that have been caused by your injury. In order for these to be included in your head injury at work claim, you must be able to provide evidence of the losses you wish to claim back. 

Some examples of losses you can claim for under special damages include:

  • Loss of earnings. This can include future earnings if your injuries prevent you from returning to work at all. 
  • Loss of potential future earnings. If your injury is bad enough to prevent future employment or necessitate a career change you may be able to claim for this loss. 
  • Carer costs. If you require a carer and this is not covered by the NHS, you could file for the carer costs as part of your compensation claim. 
  • Therapy. If your head injury resulted in emotional distress, you could claim back additional therapy costs. 
  • Damaged personal property. If any of your personal property was damaged in the accident, you may be able to claim the cost of repairs back under special damages. 

For more information on what your claim could include, speak with an advisor today. If you have a valid claim, you could be connected with a No Win No Fee lawyer from our panel.

How Do I Appoint A No Win No Fee Lawyer?

You might recognise the benefits of working with a solicitor on this kind of claim, but be worried about the costs associated with hiring one in the traditional manner. If this is the case, then you could work with a No Win No Fee solicitor.

No Win No Fee is an agreement by which you won’t be expected to pay your solicitor any upfront or ongoing fees. If your claim is not a success, then you won’t be asked to pay them anything at all.

In the event that you are awarded compensation, then a legally-capped percentage of your compensation will be deducted from your settlement. This ensures you receive the majority of your compensation.

For more information about working with a No Win No Fee work accident lawyer to make a head injury at work claim, speak with an advisor today.

Begin Your Head Injury At Work Claim With Us Today

If your employer has breached the duty of care, leading to an injury, you may be eligible to file a head injury at work claim. Our advisors are waiting with free legal advice if you experienced an injury at work. If your claim is valid you may be passed onto our panel of personal injury solicitors.

Get in touch with us today:

  • Contact us using this form.
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  • Use the live chat feature at the corner of this screen.  

Additional Notes About Head Injury At Work Claims

We have provided some links you might find useful for your head injury at work claim. 

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