Have you been involved in an accident at work that was your employer’s fault? If you sustained harm as a result of them breaching the duty of care they owed you, you could be eligible to make a head injury at work claim. For example, you may have sustained a minor head injury after tripping over a cables. Or, perhaps a loved one slipped on a wet floor and suffered a head injury in a fatal accident. This guide will explore when you might be eligible to make a claim.
Additionally, we will explore the responsibilities your employer has to keep you safe at work.
You might also have questions such as:
- What constitutes employer negligence?
- How much compensation for an accident at work could I receive?
- How long after an accident at work can you claim?
This guide will aim to answer these questions as well as look at the steps you could take following a workplace accident, including gathering evidence and seeking legal advice.
Please continue reading for more information. Alternatively, if you would prefer to speak to a member of our team, you can do so. They are available 24/7 and can provide free legal advice to help with your potential injury at work claim. To get in touch:
- Call the number at the top of this page.
- Fill out our online contact form.
- Use the live chat feature below.
Head injury at work claim guide
Head Injury At Work Claim – A Guide
When making a head injury at work claim, you must prove:
- You were owed a duty of care by your employer at the time and place of the accident
- They breached the duty of care they owed you
- This breach led to you sustaining harm, either physically or psychologically.
This is known as negligence. If you sustain a head injury due to your employer’s negligence, you may be eligible to claim compensation. The main aim of making injury at work claims is to be compensated for any physical or psychological harm as well as any financial losses suffered.
A head injury can have a major impact on your life depending on its severity. The severity of your injury, as well as other factors, will be taken into account when valuing the compensation you’re owed.
If you would like information on potential injury at work compensation amounts, please get in touch with a member of our team. Alternatively, you can continue reading about the duty of care you’re owed by your employer.
Workplace Injury Claim – Why Is Duty Of Care Important?
The Health and Safety at Work etc. Act 1974 is a central piece of legislation that states your employer must take reasonable steps to ensure the safety of the workplace. This means ensuring the environment, equipment and facilities do not pose the risk of injury.
If your employer has done everything they reasonably could to reduce or remove the risk of an injury, you may not be able to claim.
However, if your employer breaches their duty of care and causes you to sustain harm as a result, you could make a workplace injury claim.
For more information on when you might be eligible to make a head injury at work claim, call us on the number above.
How Frequently Do Head Injuries Occur In The Workplace?
As per statistics collated by the Health and Safety Executive, employers reported 51,211 non-fatal injuries to employees. These reports were made under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Of these, 2,542 were non-fatal injuries to the head, excluding the face.
Top Tips On Making A Head Injury At Work Claim
You might be wondering, “what should I do after an accident at work?”. There are several steps you could take. For example, you should gather as much evidence as possible to support your claim. Evidence can include:
- Witness contact details – Your solicitor can use these to gather witness statements at a later date.
- CCTV footage- You can request any CCTV footage of the accident scene or the incident itself.
- Photographs – Take pictures of the scene of the incident and/or your injuries.
- Documents – Fill out the accident at work book with a record of the incident and the injuries you sustained.
Additionally, you should seek medical attention. This allows you to get the necessary medical care that you may need and is also useful in generating medical records that can be used as evidence.
To learn more about the evidence you could gather to make a head injury at work claim, get in touch on the number above.
Is There An Accident At Work Claim Time Limit?
As outlined by the Limitation Act 1980., you generally have 3 years to make a personal injury claim. The time limit can begin from the date of the accident or from the date you associated your injuries with negligence.
However, there are some exceptions to this. For instance, the injured person may be under the age of 18 when the accident happened. Or, the injured person may lack the mental capacity to start a claim due to the injuries you sustain.
To find out about the exceptions, get in touch on the number above.
Work Injury Claims – Potential Compensation Payouts
If you win your head injury at work claim, your settlement may include two heads of claim. These are called general damages and special damages.
Firstly, general damages account for the pain and suffering that is caused by the injury. It will be considered whether your injury has a major impact on your day-to-day life and your mental wellbeing.
We have compiled a table using figures from the Judicial College Guidelines (JCG). The JCG is a legal document that legal professionals use to aid them when valuing general damages.
Despite these figures being based on previous court settlements, they should only be used as a rough guideline. Due to each personal injury claim being unique, the settlement you may receive could differ.
| Body Part | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Head | (a) Very severe | £282,010 to £403,990 | This bracket involves cases of quadriplegic cerebral palsy leading to cognitive and physical disabilities that are severe in nature. |
| Head | (b) Moderately severe | £219,070 to £282,010 | The person will have a very serious disability resulting in considerable dependance on others. They will also require constant care from a professional. |
| Head | (c) Moderate (i) | £150,110 to £219,070 | Moderate to severe intellectual impact with an effect on sight and speech and a change in personality. |
| Head | (c) Moderate (ii) | £90,720 to £150,110 | Moderate to modest intellectual deficit with the inured person not being able to work or their ability to do so being considerably lowered. |
| Head | (c) Moderate (iii) | £43,060 to £90,720 | All normal functions may not have been fully restored causing some symptoms to persist. For example, poor concentration and memory. |
| Head | (d) Less severe | £15,320 to £43,060 | A good recovery has been made which allows the injured person to return to normality such as socialising and working. |
| Head | (e) Minor | £2,210 to £12,770 | Brain damage, if any, will be minimal. |
| Neck | (a) Severe (iii) | £45,470 to £55,990 | This bracket includes soft tissue damage that's severe and causes chronic conditions and a permanent and significant disability. |
| Back | (a) Severe (iii) | £38,780 to £69,730 | Soft tissue injuries that cause a chronic condition. Despite treatment, disabilities remain. |
| Shoulder | (b) Serious | £12,770 to £19,200 | A dislocated shoulder that causes lower brachial plexus damage. |
Head Injury At Work Claim – What Else Could I Receive?
Special damages account for any financial losses sustained due to your injuries. For example, if your head injury requires you to take time off work, you could lose earnings which can be claimed back under special damages. Other financial losses could include:
- Care costs
- Medical expenses
- Home adaptations
You must keep a record of all expenses in order to be reimbursed for them. This can be done via receipts, bank statements or invoices.
To get a more accurate estimate of how much compensation you may be owed, get in touch with a member of our team.
Why Make A No Win No Fee Workplace Injury Claim?
Under the No Win No Fee umbrella is a Conditional Fee Agreement (CFA) which our panel of solicitors can work under.
If you are covered under a CFA, you do not have to pay your accident at work solicitor for the services they provide if your case fails.
Although if your case is won, you will have to pay your accident at work solicitor a legally capped success fee. This will be deducted from your compensation.
Contact Us For Free Legal Advice Today
To find out whether an accident at work No Win No Fee solicitor from our panel can represent your claim, speak with an advisor from our team. An advisor can also discuss when you might be eligible to make a head injury at work claim. To get in touch:
- Call the number at the top of this page.
- Fill out our online contact form.
- Use the live chat feature below.
Learn More About Making A Head Injury At Work Claim
Below, we have provided you with some additional reading:
- HSE – Employer Responsibilities
- GOV – Statutory Sick Pay
- NHS – First Aid
Thank you for reading our guide on making a head injury at work claim. If you have any questions, get in touch on the number above.
Writer Beck Pickering
Editor Meg Martin
