If you suffer any sort of head injury at work, it could have serious consequences on your overall health and well-being. If you are unfortunate enough to sustain a severe head injury in the workplace, it could negatively impact your future and your working life. There are many types of workplace accidents that could result in your suffering a head injury and should this be the case, it could entitle you to seek compensation from a negligent employer.
To find out more about this type of work-related personal injury claim and how much compensation you could get if you suffer a head injury at work, please read on.
- Your employer’s Responsibility To Keep You Safe in the Workplace
- Would My Head Injury at Work Claim Against an Employer be Successful?
- What Sort of Damages and Losses Can I Include in a Head Injury Claim?
- What Level of Compensation Could I Get for a Head Injury at Work?
- Do I Have the Right to Sue My Employer for a Head Injury at Work?
- Do I Have Workers Rights After Accident at Work That Leaves Me With a Head Injury?
- How Long Do I Have to File a Head Injury at Work Claim Against an Employer?
- Could I Lose My Job if I Seek Head Injury Compensation From My Employer?
- What Advantages Would a Solicitor Offer if I File a Head Injury at Work Claim?
- Would a Solicitor Offer Me No Win No Fee Terms on My Head Injury at Work Claim?
- Informative Links
Employers must by law respect your worker’s rights which are highly protected in the UK. The laws and legislation that protect when you are working for an employer includes making sure that you are provided with the following:
- Detailed working procedures and practices
- Sufficient and ongoing training so you can carry out a job as safely as possible
- The correct industry standard personal protective equipment – PPE
- Machinery, equipment and tools that you use are kept in good working order
- That hazards and dangers are identified when carrying out regular risk assessments in a work environment
- That you are kept safe by setting in place required safety measures to reduce the risk of a workplace accident from happening
- That work colleagues are adequately trained to work alongside you
Should you sustain a head injury in an accident at work due to employer negligence, it could entitle you to seek compensation from them by filing an accident at work claim. As such, you should discuss a claim with a solicitor who specialises in work-related personal injury claims. A solicitor would ensure that you have all the required evidence to support your claim,
For a head injury at work claim to be successful, you would need to provide sufficient evidence of employer negligence. You must also show that the workplace accident that left you with a head injury occurred in the last 3 years which is the statutory deadline for seeking compensation. The sort of proof needed to support a workplace injury claim against an employer would include the following:
- That the workplace accident could have been avoided if the correct safety measures had been in place or respected
- That you suffered a head injury at work due to either the negligence of an employer or a fellow employee
- That there were witnesses to the incident who would be able to support your claim
- That you have a medical report detailing the head injuries you sustained in the workplace accident
- That you have photos of your injuries and the place where the incident occurred
- That you have CCTV footage (if available) of the workplace incident that left you with a head injury
An accident at work lawyer would consider all the evidence you provide to support your case against an employer before advising you on whether they would agree to represent you on a No Win No Fee basis because they determined that your case against a negligent employer would be successful.
The compensation awarded for work-related personal injury claims is divided into two parts. These are as follows:
- General damages – the amount awarded in general damages is based on the Judicial Guidelines. They compensate you for the pain, suffering and loss of amenity you coped with as a direct result of the head injury at work you suffered. The amount you receive is based on the extent and seriousness of the injury you sustained and how both your future and working life has been negatively impacted. General damages are awarded to compensate you for the time you were off work recovering and whether as a consequence of your injuries you no longer enjoy activities and hobbies that you did prior to suffering a head injury at work
- Special damages – these are simpler to work out as they are based on “actual” costs and expenses you incurred as a result of having suffered a head injury in a workplace accident. As such, it is crucial that you are able to provide evidence of your expenditures by keeping all the relevant receipts. Special damages cover your travel costs to and from a place where you are being treated for your head injury whether you get there by car, bus, train or taxi. They also reimburse you for medical costs you incurred which includes prescriptions and all other relevant medical expenses you had to pay out. You are also entitled to claim care costs, home and vehicle adaptations which can be included in special damages that you may be awarded in a successful head injury at work claim
The level of head injury at work compensation you could be awarded would be based on the extent of the damage you suffered. When calculating how much you may receive, a judge or insurer would use the Judicial College Guidelines which produces compensation amounts for various injuries that people could suffer in accidents that were cause by third parties.
The amounts provided below are given as a rough guideline as to the level of head injury compensation you could be awarded bearing in mind that this could be between £13,000 and £354,260 as it would depend on the severity of the head injury you suffered in an injury through no fault of your own.
- For an extremely serious head injury that result is severe damage to the brain and which is therefore life-changing and where constant care is required, the amount of compensation you may receive would be between £247,280 and £354,260
- For moderately severe damage to the brain which results in a disability and dependency on others for care and where ongoing treatment is required whether the damage is physical or cognitive, the amount that may be awarded could be between £192,090 and £247,280
- For moderate brain damage where there is less severe consequences than above but where a risk of change in personality is evident and speech as well as vision is affected with the possibility of suffering from epilepsy, you could receive between £131,620 and £192,090
- For moderate brain damage where a person’s intellect is negatively impacted to a degree and where the possibility of working again is minimal with a greater chance of suffering from epilepsy, you could receive between £79,530 and £131,620
- For moderate brain damage which affects the ability to focus/concentrate and where memory is negatively impacted which decreases the chance of returning to work but where dependency on others is reduced, you could be awarded between £37,760 and £79,530
- For less serious brain damage injuries where the prognosis is more positive but mood swings, concentration and memory is negatively impacted, the amount you may receive would be between £13,430 and £37,760
- For minor brain damage or a head injury, the amount you may be awarded could be between £1,940 and £11,200
If you suffered damage to your brain in an accident at work, receiving compensation could help towards the costs of home adaptations and could cover the cost of any medical care/therapy that you may require on a long-term basis.
Your worker’s rights entitle you to seek compensation from a negligent employer should you suffer a head injury in an accident at work. An employer cannot prevent you from doing so and if they do, they would be in breach of the law. It is also worth noting that liability insurance is compulsory in the UK and as such, your employer must have valid insurance in place to cover such eventualities.
When you file an accident at work claim against an employer who failed in their legal duty to keep you safe from harm and injury at work, your case is handled by the insurance company and it would be the insurer who settles the head injury compensation you would be awarded in a successful claim and not your employer.
Worker’s rights are protected in the UK with many laws and Health and Safety regulations in place that ensure you are your fellow employees are kept safe in the workplace. If you suffer a head injury in an accident at work through the negligence of an employer or a colleague made a mistake or error of judgement, it is your legal right to seek compensation for the pain, suffering and distress this caused you. Your rights after an workplace accident in which you were injured are as follows:
- The right to file an accident at work claim to seek compensation for the head injury you suffered through no fault of your own
- To know that your job is secure if you seek compensation from an employer
Should your employer make your working life difficult or they threaten you in any way, you should get in touch with a solicitor because their actions could entitle you to take further legal action out against your employer.
Should you have suffered a head injury at work, you have 3 years to seek compensation from an employer who could be held responsible for the injuries you sustained. This 3 year deadline, however, begins at different times depending on the circumstances and when the workplace accident occurred. This is explained as follows:
- You have 3 years that starts from the date you suffered a head injury in an accident at work to file a claim against your employer
- You would have 3 years from the date of your 18th birthday should the accident have happened before this date. This means that you would have up until your 21st birthday to file an accident at work claim against your employer
- You would have 3 years from the date a doctor or other medical professional diagnosed you as having developed a health condition they directly link to the head injury you sustained in the workplace accident
Because head injuries can lead to other medical conditions developing, it is far better to start a claim sooner rather than later because gathering medical reports from specialists and consultants can take up a lot of valuable time. As such, you should seek advice from a solicitor as soon as possible to avoid any unnecessary delays in receiving the head injury at work compensation you rightly deserve.
An employer would be in breach of the law if they sacked you because you filed an accident at work claim against them. You have the “right” to seek compensation from an employer who was negligent in their duty to ensure you were safe from harm in the workplace. Should your employer treat you unfairly or of if they treat you detrimentally or they infer that you could be made redundant, you should get in touch with a solicitor and seek legal advice before doing anything else because you may be entitled to further compensation.
Accident at work lawyers offer many advantages when representing you in a claim against a negligent employer. They have the legal expertise required to communicate with both employers and their liability insurance providers. Other benefits of having a solicitor represent you in a head injury at work claim would include the following:
- An accident at work lawyer would offer you a free, initial, no obligation consultation which allows them the chance to assess your case against a negligent employer
- Once a lawyer has determined that your claim is strong, they would offer you No Win No Fee terms which means all the worry of paying for necessary legal advice is taken off the table
- Solicitors can access legal libraries so they can research similar past cases which were settled and they can use these precedents to establish your claim and the amount of head injury compensation you could be awarded
- The solicitor would ensure that you are examined by an independent specialist/consultant and the medical report that is produced would be used to determine the extent of your injuries and the level of compensation you should be awarded
- A solicitor would negotiate with the insurance company to ensure that your claim is not “under-settled”
- The percentage you would have to pay on a successful
If the head injury you suffered was severe and as a consequence you need ongoing therapy/treatment, your case could take longer to settle. The accident at work solicitor who represents you would make sure you receive “interim payments” so that you and your loved ones do not have to cope with any financial hardship until a final settlement is agreed.
A solicitor would agree to offer you No Win No Fee terms on an agreement providing they are satisfied that your head injury at work claim is valid and that your employer could be held negligent in their duty to ensure you are safe from harm in the workplace. As previously mentioned, when first contacting an accident at work lawyer, you would be offered a no obligation initial consultation which is typically free of charge. This first consultation allows a lawyer the change to assess your case before advising you on how best to proceed with a claim or not.
When you sign a Conditional Fee Agreement with a solicitor, they agree to represent you on a No Win No Fee basis which means you can start your claim without any financial risks. The reason being that a solicitor would not request that you pay them an upfront fee or any ongoing fees either. The only time you would pay a No Win No Fee solicitor is when you are awarded the head injury at work compensation you sought and the amount due is taken directly from the amount you are awarded in a successful claim. Should your claim against an employer not be successful, there would be nothing to pay for the legal representation a No Win No Fee solicitor provided.
If you would like more information on what must be done following an accident at work that leaves a employee with a traumatic head injury, please click on the link provided below:
If you suffered a head injury in an accident at work and would like more information on the statutory time limit associated with work-related personal injury claims, please follow the link below: