Head Injury Claims at Work: A Comprehensive Guide

Types of Head Injuries Eligible for Compensation

Head injuries can vary significantly in severity and long-term impact. Here are some common types of head injuries that may be eligible for compensation:

Concussions: Often considered a mild traumatic brain injury, concussions can result from a blow to the head or a sudden, violent movement. Symptoms may include headaches, confusion, and memory problems.

Skull Fractures: These involve breaks in the skull bone and can range from linear fractures to more severe depressed or compound fractures.

Traumatic Brain Injuries (TBIs): These serious injuries can result in long-term cognitive, physical, and emotional changes. TBIs can be classified as mild, moderate, or severe.

Contusions: These are bruises on the brain tissue, often caused by direct impact to the head.

Haematomas: These involve bleeding in or around the brain and can be extremely serious, potentially requiring surgical intervention.

Lacerations and Cuts: While often considered less severe, cuts to the scalp can lead to significant bleeding and potential scarring.

Whiplash-Associated Disorders: Although primarily associated with neck injuries, whiplash can also cause concussion-like symptoms and other head-related issues.

It’s important to note that even seemingly minor head injuries can have serious long-term consequences. Therefore, it’s crucial to seek medical attention promptly after any head injury, regardless of its perceived severity. This not only ensures your health and safety but also provides crucial documentation for your potential claim.

Eligibility for Making a Head Injury Claim

To be eligible for compensation following a head injury at work, certain criteria must be met. Understanding these can help you determine if you have a valid claim:

1. Your employer owed you a duty of care: This is generally a given in any employment relationship. Employers have a legal obligation to ensure the health, safety, and welfare of their employees.
2. Your employer breached that duty: This could be through negligence or failure to follow health and safety regulations. Examples include:
   • Failure to provide appropriate personal protective equipment (PPE) like hard hats in high-risk areas
   • Inadequate training on safety procedures
   • Poor maintenance of equipment or premises
   • Failure to conduct proper risk assessments
   • Ignoring reported hazards
3. This breach directly resulted in your head injury: There must be a clear causal link between your employer’s negligence and your injury.
4. The incident occurred within the last three years: In most cases, you have three years from the date of the accident to make a claim. However, there are some exceptions to this rule, such as:
   • If you were under 18 at the time of the injury, you have until your 21st birthday to claim
   • If the effects of the injury weren’t immediately apparent, the three-year period may start from the date of knowledge
5. You have evidence to support your claim: This can include medical records, accident reports, witness statements, and photographic evidence.

Remember, making a claim against your employer is your legal right, and it’s illegal for them to discriminate against you for doing so. Employers have insurance to cover such claims, so your compensation would typically come from the insurance company rather than directly from your employer.

Benefits of Claiming Compensation

Making a head injury claim against your employer can be a worrying prospect. You may be concerned how it will affect the business and your job security, or that of your colleagues. Rest assured, these worries are typically unfounded.

Firstly, it’s your employer’s liability insurance that will pay any compensation, rather than the business itself. Secondly, employers are not allowed to dismiss you or threaten you with the sack for making an accident at work claim.

Seeking compensation for a head injury at work is not just about financial gain; it can provide crucial support for your recovery and future well-being.

1. Financial Support: Compensation can help cover a range of expenses, including:

• Medical bills and ongoing treatment costs
• Rehabilitation expenses, including physical therapy and cognitive rehabilitation
• Lost wages, both current and future if you’re unable to return to work
• Costs of home modifications or special equipment needed due to your injury

2. Access to Treatment: A successful claim can provide funds for specialised medical care and therapies that might otherwise be unaffordable. This could include:

• Advanced neurological treatments
• Cognitive behavioral therapy
• Occupational therapy
• Speech and language therapy

3. Accountability: By making a claim, you’re holding your employer accountable for maintaining safe working environments. This can lead to:

• Improved safety measures in your workplace
• Greater awareness of potential hazards
• Better training and safety protocols for other employees

4. Prevention: Your claim could prompt your employer to take action to prevent similar accidents in the future, potentially saving others from injury.

5. Long-term Security: If your injury has long-lasting effects that impact your ability to work, compensation can provide financial stability for you and your family.

6. Recognition of Suffering: While money can’t undo your injury, compensation acknowledges the pain, suffering, and life changes you’ve experienced.

7. Peace of Mind: Knowing that you have the financial resources to manage your injury and its effects can significantly reduce stress and anxiety, allowing you to focus on your recovery.

Remember, claiming compensation is your legal right and should not be seen as a hostile act against your employer. It’s about ensuring you receive the support you need and deserve after suffering an injury at work.

Compensation Amounts for Head Injuries

The amount of compensation you may receive for a head injury at work can vary significantly depending on several factors. While every case is unique, understanding potential compensation ranges can help set realistic expectations. Here’s a general guide based on the Judicial College Guidelines:

It’s important to note that these figures are for general damages, which compensate for pain, suffering, and loss of amenity. Your total compensation may also include special damages, which cover specific financial losses such as:

• Lost earnings (both past and future)
• Medical expenses
• Travel costs for treatment
• Care costs
• Adaptive equipment or home modifications

The final compensation amount will depend on various factors, including:

1. The severity and long-term impact of your injury
2. Your age and life expectancy
3. Your earnings and career prospects before the injury
4. The extent of medical treatment required
5. The impact on your quality of life

It’s important to work with an experienced solicitor who can accurately assess all aspects of your claim to ensure you receive fair compensation. They will gather detailed medical evidence and expert opinions to support your case and maximise your compensation.

Steps to Take After a Head Injury at Work

Taking the right actions immediately after sustaining a head injury at work can significantly impact both your health and the strength of your potential claim. Employers have responsibilities after an accident at work. It is their responsibility to understand an accident and take the right measures, rather than the injured employee. However, you should take these steps to protect your well-being and legal rights:

1. Seek Immediate Medical Attention: Even if the injury seems minor, it’s crucial to get checked by a medical professional. Head injuries can have delayed symptoms, and prompt treatment is essential for your health and for documenting your injury. However, you can still claim if you haven’t had treatment.
2. Report the Accident: Inform your employer or supervisor about the accident as soon as possible. Ensure that the incident is recorded in the company’s accident book. If your workplace doesn’t have an accident book, or won’t record your injury, send a written account of what happened to your employer and keep a copy for yourself.
3. Gather Evidence: If you’re able, or ask a colleague to help:
   • Take photos of the accident scene, including any hazards that contributed to your injury
   • Photograph your visible injuries
   • Collect contact information from any witnesses
4. Document Everything: Keep a detailed record of:
   • The circumstances of the accident
   • Your symptoms and how they progress
   • How the injury affects your daily life and work
   • Any conversations with your employer about the incident
5. Retain All Medical Records: Keep copies of all medical reports, test results, and treatment plans. These will be crucial evidence for your claim.
6. Keep Receipts: Save receipts for all expenses related to your injury, including travel costs for medical appointments and any purchased medical equipment.
7. Consult with a Personal Injury Solicitor: Speak with our solicitors who specialises in workplace accidents and head injury claims. They offer free initial consultations and work on a No Win No Fee basis.
8. Follow Medical Advice: Adhere to all treatment plans and attend all follow-up appointments. This is crucial for your recovery and demonstrates the seriousness of your injury.
9. Be Cautious in Communications: Be careful what you say to your employer or their insurance company. Avoid admitting fault or downplaying your injury. Let your solicitor handle these communications.
10. Consider Keeping a Diary: Document how the injury affects your daily life, work, and relationships. This can provide valuable evidence of the injury’s impact.

Don’t worry if you haven’t been able to do any of this yet, get in touch and we’ll be able to guide you.

These steps will help ensure you receive proper care and preserve your right to seek compensation. Remember, you have certain rights after an injury at work to help you to recover, including being able to return to work on lighter duties. Your health should be your primary concern.

Building a strong case takes time and attention to detail. Your solicitor will guide you through this process, ensuring that all aspects of your claim are thoroughly documented and presented. Their expertise will be crucial in negotiating with insurance companies and, if necessary, representing your case in court.

The Claims Process

Understanding the claims process can help you navigate this complex journey with more confidence. Here’s a step-by-step overview of what you can expect when making a head injury claim:

1. Initial Consultation:
   • Meet with a specialised personal injury solicitor to discuss your case
   • They will assess the viability of your claim and explain the process
   • If they believe you have a strong case, they may offer to represent you on a No Win No Fee basis
2. Letter of Claim:
   • Your solicitor will send a formal letter to your employer (the defendant) detailing your claim
   • The defendant has 21 days to acknowledge receipt and 3 months to investigate and respond
3. Investigation:
   • Your solicitor will gather evidence to support your claim, including:
     • Medical reports and records
     • Witness statements
     • Workplace accident reports
     • Expert opinions if necessary
4. Medical Assessment:
   • You’ll undergo an independent medical examination to assess your injuries
   • The resulting report will be crucial in determining the value of your claim
5. Negotiation:
   • Your solicitor will enter into negotiations with the defendant’s insurers
   • They will aim to secure the best possible settlement for you
6. Settlement or Court Proceedings:
   • If a fair settlement is agreed upon, your claim will be concluded
   • If an agreement can’t be reached, your solicitor may advise proceeding to court
   • Note that most claims are settled before reaching court
7. Compensation Payment:
   • Once a settlement is agreed or a court judgment is made in your favour, you’ll receive your compensation
   • This is typically paid within 14-28 days of the agreement or judgment

Throughout this process, your solicitor will keep you informed and guide you through each step. They will handle most of the complex legal work, allowing you to focus on your recovery.

Remember, the duration of a claim can vary significantly depending on its complexity and whether it goes to court. Simple claims might be resolved in a few months, while more complex cases can take a year or more.

No Win No Fee Agreements

No Win No Fee agreements, also known as Conditional Fee Agreements (CFAs), are a popular way to fund personal injury claims, including head injury claims at work. These agreements can make legal representation accessible to those who might otherwise be unable to afford it. Here’s what you need to know:

How No Win No Fee Works

• If your claim is unsuccessful, you don’t pay your solicitor’s legal fees
• If you win your case, you pay a success fee to your solicitor, which is typically a percentage of your compensation

Benefits of No Win No Fee

1. Financial Risk Reduction: You’re not left with a large legal bill if your claim is unsuccessful
2. Access to Justice: Allows you to pursue a claim without upfront costs
3. Motivation for Your Solicitor: They only get paid if you win, incentivising them to work hard on your case
4. Peace of Mind: Reduces stress about legal costs during an already difficult time

Key Points to Consider

• The success fee is capped at 25% of your compensation (excluding future losses)
• You may need to pay for disbursements (like medical report fees) if you lose, but insurance can often cover this
• Your solicitor will explain all potential costs before you agree to proceed

After the Event (ATE) Insurance

• Many solicitors will recommend taking out ATE insurance
• This covers you against the risk of having to pay the defendant’s costs if you lose
• The premium is typically only payable if you win your case

Choosing a No Win No Fee Solicitor

• Look for solicitors with experience in head injury claims
• Ensure they explain all aspects of the agreement clearly
• Check their success rate with similar cases
• Verify their credentials and membership of relevant professional bodies

Understanding the Agreement

• Read the agreement carefully before signing
• Ask questions about anything you don’t understand
• Ensure you’re clear on what happens in both win and lose scenarios

No Win No Fee agreements can make it possible to pursue justice without financial risk. However, it’s crucial to fully understand the terms of the agreement before proceeding. A reputable solicitor will be happy to explain everything in detail and answer any questions you may have.

Remember, while No Win No Fee arrangements reduce financial risk, they don’t guarantee success. Your solicitor will give you an honest assessment of your case’s strength before proceeding.

How Direct2Compensation Can Help You

Seeking compensation for head injuries is crucial in order to alleviate the financial burden, hold responsible parties accountable, and ensure that the long-term effects of the injury are properly addressed.

We can help you to make a claim on a No Win No Fee basis where you will never be charged if your claim does not succeed. A successful claim will lead to a compensation settlement being made to you, with the value of the claim including any lost income and incurred costs as well as a settlement for the injuries and medical treatment that you have sustained.

If you have suffered a head injury at work and want to know if you can make a claim for compensation, contact us today. You can start your claim online or request a call back, and one of our expert team will be in touch to offer help. Alternatively, call us on 01225 430285.