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Brain Injury Claims After An Accident At Work
By Max Mitrovic. Last Updated 06th March 2024. There are a number of causes of traumatic brain injury in the workplace and all are very different. This includes a hit to the head, slips, trips, and falls, objects falling from a height, vehicle accidents, and much more. If you have been the victim of such an accident and you think your employer is at fault, you will be eligible to make a claim. There are a number of various ways your employer might be at fault.
For example, they may have allowed you to use defective work equipment. Alternatively, you may have suffered a head injury due to being asked to carry an object that was too heavy, causing you to fall and injure yourself.
All employers have a legal duty to deliver a safe, secure and healthy work environment, and if they have failed in their duty to do this, you may be able to receive compensation. The only thing you need to do is find an experienced and reputable legal firm to build a strong case for you. Luckily, you don’t need to look far, as Legal Expert has many years of experience in brain injury claims.
We have helped thousands of personal injury victims to obtain the compensation they deserve for these traumatic incidents that can have far-reaching consequences. Our track record speaks for itself and we always take cases forward on a No Win No Fee basis, which means anyone can make a claim irrespective of their current financial standing.
You can call us at a time that works for you using 0800 073 8804. If you prefer, you can contact us through our website or write to us using the Live Chat window now on screen. We can answer any queries you have about making a claim, can tell if you’re eligible and can even refer you to a solicitor who could work your case to help you receive compensation.
This guide will answer useful questions, such as “how much can you get for a head injury?” and “how long do brain injury claims take?” For more information, simply read on.
Select a Section
- What Are The Common Causes Of Workplace Brain Injuries?
- Who Can Make A Head Injury At Work Claim?
- What Evidence Do I Need For A Brain Or Head Injury At Work Claim?
- How Much Can You Claim After A Brain Injury At Work?
- No Win No Fee Traumatic Brain Injury At Work Claims
- Choosing The Right Brain Injury Claims Solicitor
What Are The Common Causes Of Workplace Brain Injuries?
There are a variety of different incidents and accidents that can result in injuries that lead to brain injury claims. Here, we list some of the most common examples.
- Slips, trips and falls
- Objects falling from a height
- A warehouse accident caused by the likes of defective racking or a forklift truck crash.
- A hit to the head
- Road traffic accidents
- Accidents caused by defective work equipment
- Explosions
- Assaults and violent acts
Please note that the list above merely refers to common workplace brain injury causes. If your injury/accident does not appear on the list, you can still make a claim.
When making any kind of personal injury claim, the most important aspect is that you’re able to prove that the accident was caused by third-party negligence. If you’re able to prove that it was, you could receive compensation.
Who Can Make A Head Injury At Work Claim?
While you are working, under the Health And Safety At Work etc. Act 1974, your employer owes you a duty of care to take reasonably practicable steps to ensure your health, safety and welfare. To fulfil this duty, your employer could:
- Carry out risk assessments of the workplace and your job role, ensuring that you can carry out the job tasks safely and competently.
- Provide you with sufficient training so that you can work safely.
- Provide the necessary personal protective equipment free that is needed to ensure that you can perform your job in a safe manner.
- Maintain the work environment, equipment and any PPE.
To be eligible to make a brain or head injury at work claim after a workplace accident, you will need to prove the following:
- Your employer, at the time and place of your accident, owed you a duty of care.
- This duty of care was breached because your employer was negligent.
- Because of this breach, you suffered a head injury at work.
These are the eligibility criteria for making a personal injury claim. To find out if you have an eligible brain injury claim, call our advisors now for free advice.
What Evidence Do I Need For A Brain Or Head Injury At Work Claim?
After suffering a traumatic brain injury at work, it is important to take the steps to get the medical assistance you require and then build a strong case. Of course, when it comes to making brain injury claims on behalf of someone else, you will need to gather evidence for them. The same steps apply, the only difference is that you will be taking these steps on behalf of someone else because they don’t have the capacity to do so themselves.
- Get medical help – It goes without saying, but seeking medical assistance is the most vital step. If you have only suffered a minor head injury, it may be tempting to try and cope with it yourself. This is not advised. Not only is it a risk in terms of your health, but also you will need to see a doctor if you are going to make a claim. A doctor’s assessment can be used as evidence to show the nature of your injury.
- Report the accident – It is important to talk about your accident with your employer and report it. All employers have a legal responsibility to record any accidents, illnesses or injuries that happen in the workplace. This will also act as an official record of what has occurred.
- Get witnesses contact details– If someone witnessed the accident, you need to try to get any contact details. Statements from witnesses can be vital to brain injury claims.
- Keep a record of your expenses – It is vital to keep a record of any outgoings you have been subjected to as a result directly of your injuries. Included in this could be loss of earnings, medical bills, travel expenses, and such like. Keep in a safe place documents pertaining to this, including receipts – that will be proof of these costs.
How Much Can You Claim After A Brain Injury At Work?
If your case for brain injury compensation is successful, your settlement could consist of two heads of claim: general and special damages.
Under general damages, you are compensated for the physical pain and mental suffering that has been caused by your injury. When valuing brain injury claims, legal professionals may refer to a document called the Judicial College Guidelines (JCG). It contains a list of compensation brackets for various types of injuries.
Our table below looks at figures given for brain and head injuries in the 16th edition of the JCG. However, due to the differences between claims, it does not represent what you will receive as a settlement.
| Compensation for… | Common Payout Bracket | Notes |
|---|---|---|
| Brain damage very severe | £282,010 to £403,990 | This is the highest payout bracket for brain damage. Compensation amount will be determined by the physical limitations and the extent of them, life expectancy, and the degree of insight. In most cases, there will be only small – if any at all – language function or environment response. Usually, there will be severe physical limitation and a significant impact on the senses. |
| Brain damage – Moderately Severe | £219,070 to £282,010 | Injured persons will depend on others substantially, requiring professional care, as they will be seriously disabled. The amount of compensation offered will be determined by the following: whether they have epilepsy or they are at serious risk to develop it, the ability to communicate, any behavioral abnormality, degree of dependency, physical limitations extent, life expectancy, and finally the claimant’s degree of insight. |
| Brain damage – Moderate | £43,060 to £219,070 | A payout between £43,060 and £90,720 is for claimants that have a limited dependency on other people, a risk (small) of epilepsy, their ability to work is lowered, and their memory and concentration has been impacted. A payout between £90,720 and £150,110 is for instances whereby there is some risk of epilepsy, the work ability is either removed or greatly reduced, and there is moderate to modest deficit to their intellect. A payout between £150,110 and £219,070 is for cases whereby there is no prospect of employment, the person’s senses, sight and speech have been impacted, personality change is evident, and there is a moderate to severe deficit to their intellect. |
| Brain damage – less severe | £15,320 to £43,060 | The individual will be able to return to work and have a normal social life, meaning they have made a good recovery. However, there may still be some persisting problems, for example, poor memory and concentration. The compensation awarded is based on the level of any change in personality, presence of depression, , the extent of any disablement, and the severity and extent of the injury when it was caused. |
| Brain or head injury -Minor | £2,210 to £12,770 | If there is any brain damage, it will be only slight. Factors that determine the payout amount include: the presence or absence of headaches, as well as any symptoms that continue, how long it takes/took to effect recovery from symptoms, as well as how severe the initial injury was. |
Special Damages In Brain Injury Claims
Some compensation settlements may also include special damages, which are paid out to compensate for any financial losses and expenses caused by the brain injury. To be able to claim special damages, you should submit proof of your expenses and losses, such as payslips, receipts and invoices.
Here are a few examples of what costs could be claimed under special damages:
- Home help. For example, if you need help washing following your injury.
- Adaptions made to your home, such as installing railings if the injury has caused problems with your balance.
- Different types of therapy, such as speech therapy.
- Loss of earnings for time spent off work to recover.
- Medication costs, including prescriptions and over the counter painkillers.
If you would like to discuss your potential claim and receive a free, personalised valuation, get in touch with one of our team members on the details at the top of the screen.
No Win No Fee Traumatic Brain Injury At Work Claims
We handle all brain injury claims on a No Win No Fee agreement. This may be a term you have heard of before, but you may be a bit unsure regarding what it actually means. In fact, the concept is quite straightforward. If we do not manage to win compensation for you, you will not be required to pay us any legal fees.
This offers you a huge amount of financial protection – it means you won’t find yourself in the dreaded position of having to fund a huge legal bill without any compensation payout. This also means that anyone can make a claim, irrespective of their current financial standing. This is because the No Win No Fee payment structure means that no upfront payment is required.
Instead, our solicitor will simply take a small, legally capped amount of your compensation to cover their legal costs once your claim has been settled.
Choosing The Right Brain Injury Claims Solicitor
There are a wide variety of factors that need to be considered when choosing the best brain injury claims solicitor. It is important to choose a solicitor who has years of experience in making claims for those who have suffered brain injuries and severe head injuries.
You may also be wondering how long it will take for you to get your payout. This does depend on the complexity surrounding your case. However, it is something we would be more than happy to explain further once we know a bit more about your case. There are a number of different ways you can get in touch with us. For free, no-obligation personal injury advice, simply dial 0800 073 8804 between 9 am and 9 pm. Alternatively, you can use the live chat feature on our website or fill in the online contact form and we will get back to you as soon as possible.
Helpful links
Brain Injury Claims – A Complete Guide
This link takes you to our guide on compensation claims for brain injuries in general. You will find information on claiming compensation for a brain injury in a public place, head injury compensation case studies, judging the severity of a brain injury, and much more.
Take a look at the NHS guide to severe head injuries. You will find an overview of severe head injuries, as well as information on diagnosing a severe head injury, treating a severe head injury, complications, and how to prevent such injuries.
HSE – definition of reportable incidents
As part of RIDDOR, accidents that have occurred in the workplace need to be reported. This link from the UK Government’s Health and Safety Executive provides all of the information you need to know regarding this.
This link takes you to a page where you’ll find some case studies relating to traumatic brain injury and the rehabilitation of those who suffer from them.
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