Here we look at what’s involved in claiming compensation following a head injury at work, and how to know if you have a valid claim.
Table of contents
- What types of head injury claim can you make?
- When can you claim for a head injury at work?
- The benefits of claiming compensation
- How much is a head injury claim worth?
- What you should do after a head injury at work
- Should I worry about claiming from my employer?
- Claiming for someone else
- How Direct2Compensation can help
- Work head injury claim examples – your questions answered
What types of head injury claim can you make?
Head injury claims can be made after a variety of workplace accidents and for many different types injury. While some relate to very severe injuries involving loss of motor function or brain damage, less severe head injuries such as concussion or lacerations can still be serious and a successful claim for injury compensation can still be made.
Common causes of a head injury at work include:
Any workplace that involves the use of heavy machinery or power tools, or has people working at height, presents the obvious risk of a head injury. But they can happen anywhere, including a relatively safe office. The chances of such injuries are increased should the employer fail to adequately assess risks in the workplace and adhere to a strict health and safety policy.
When can you claim for a head injury at work?
The key to being able to claim for a head injury at work is that your accident should and could have been prevented by your employer.
Workers are legally entitled to a safe and secure environment, must be trained properly and made aware of their obligations to work safely. Employers will be liable if they have exposed their staff to the risk of a head injury and failed to take such measures to avoid it. For example, employers must ensure the following:
- That the working environment is safe, for example that floors are not slippery.
- That staff are adequately qualified to use any tools or machinery that they are asked to use.
- That faulty equipment is removed from use and only returned to active service once fully repaired.
- That objects and stock are secure from falling.
- That the correct PPE is provided.
Any person is entitled to claim compensation for a head injury at work in these or similar circumstances. Even if protection was in place, such as wearing a hard hat, you may still be able to claim if other areas of liability exist.
Note that a claim usually has to be made within three years of the accident, unless the injured party was under 18.
The benefits of claiming compensation
Anyone who suffers a head injury in a workplace accident can be left unable to work for a period of time, suffering financially as well as with pain. The severest of head injuries are often invisible in their effect, leading to memory loss, brain damage or loss of taste or smell. When viewed in this light, it is clear that someone should be fairly compensated for being placed in such a difficult position.
Making an injury compensation claim is your legal right. If successful, it will fairly compensates you for injuries and losses that were not your fault. Compensation can help with medical costs, care fees and most importantly reclaiming any lost income:
- A successful head injury at work claim will provide a settlement that can pay for private medical treatment and rehabilitation therapies to speed and improve your recovery.
- The settlement will include your lost income now and in the future (if you are prevented from working again because of your injuries).
- In fatal accidents a claim will provide loved ones with some measure of compensation for their loss. In cases where the deceased is the major breadwinner or provider for a spouse or family, a loss of income claim can lead to substantial compensation.
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.
How much is a head injury claim worth?
Head injury compensation levels vary according to injury severity and its long-term impact on the claimant’s life. The amounts below are a guide only and do not take into account the special damages element of a claim, just the injury itself.
|Severity of Brain or Head Injury||Compensation Amount|
|Very severe brain damage||£265k - £379k|
|Moderately severe brain damage||£206k - £265k|
|Moderate brain damage||£40k - £206k|
|Less severe brain damage||£14k - £40k|
|Minor brain or head injury||£2k - £12k|
|Epilepsy||£10k - £141k|
What you should do after a head injury at work
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, while your employer should have procedures for dealing with your injury, there is more you can do yourself. The following actions should be taken to give yourself the best chance of winning your compensation claim:
- Firstly, seek medical treatment. This could be at the scene, by attending a GP or A&E. However, you can still claim if you haven’t had treatment.
- The matter should be recorded in the employer’s accident book. The injuries should be described and their cause listed.
- If possible, obtain the names and addresses of supporting witnesses.
- Following medical treatment, explain the situation to the employer and discuss the likelihood of any return to work.
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.
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.
Should I worry about claiming from my employer?
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.
Claiming for someone else
In some cases, the severity of a head injury can leave the injured person severely brain damaged and unable to care for themselves or manage their affairs without assistance and support. It is unlikely that someone in such a situation would be able to make a claim on their own and therefore may appoint someone to manage their legal affairs and protect their rights for them. This person could be a spouse, parent or other suitable next of kin such as a child or someone who has obtained a legal power of attorney over a loved one’s affairs.
How Direct2Compensation can help you
We can give you useful advice and help you to understand your rights. We have a simple and easy to understand claims process and can help you to find the right solicitor to pursue your claim.
Direct2Compensation are experts in managing claims for injuries caused in accidents at work. Over the years we have successfully assisted many claimants who have suffered a head injury. We know your rights and can help you to understand whether the specifics of your accident are such that you are likely to win compensation.
We can advise you on important issues, such as helping you to make sure that the details of your accident and injuries have been properly reported and recorded with your employer, and can also give you a good understanding about how the no win no fee claims process works.
One of the first steps in making a claim is to get a medical assessment of the injury. We can arrange this for you at no cost.
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.