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A Guide To Brain Injury Compensation Claims After An Accident At Work

Updated by Max Mitrovic on 4th April 2022. 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.

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A guide to brain injury claims

Although there are some particular work environments whereby the risk of a traumatic brain injury is greater, this type of injury can happen anywhere. If you were the victim of a head or brain injury, and the accident was not your fault, then it is important to know that you could have reason to apply for compensation. You can also claim on the behalf of a loved one if they are no longer in the position to do so themselves.

This guide reveals all the information you need about making brain injury claims. This includes the common causes of workplace brain injuries, what to do if you have sustained a brain or head injury, how much compensation you may receive, as well as how to choose the right solicitor. Read on to discover all you need to find out about this type of claim, and don’t hesitate to get in touch if you have any further questions.

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.

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.

Road traffic accidents brain injury at work

There are a number of different workplace incidents that can result in traumatic brain injuries. We have helped a lot of people to claim for brain injury compensation when they have been involved in a road traffic accident at work. Employees at risk of such accidents include the likes of drivers and machinery operators. If you have sustained a brain or head injury because of a road traffic accident that happened in the workplace and it was not your fault, you will be able to make a claim through our expert service.

What should you do after a traumatic brain or head injury?

Brain injury

Brain injury

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 are workplace brain injury claims assessed?

When it comes to brain injury claims, the severity of your injury will largely determine how much compensation you are entitled to. This is something that will be assessed by a medical professional. As part of your medical examination, the medical professional will put together a report. This report will state your injuries, the impact they are going to have on your life, your prognosis, and the recommended treatment.

This will be used to determine how much compensation you will receive. You will also be allowed to claim for any out of pocket expenses you’ve been subjected to because of your injuries. For example, a lot of people ask us the following: I have a brain injury and can’t work now, can I claim for lost income? Yes, you can! You can also claim for loss of future anticipated earnings too.

How Long Do Brain Injury Claims Take?

You may be wondering, “how long do brain injury claims take?” This can depend on many factors. Your claim will take longer if it ends up going to court. However, the vast majority of cases do not lead to this. In many instances, the defendant and claimant will come to some agreement regarding the amount of compensation before a court appearance is required. 

It’s difficult to give a precise timeframe for how long brain injury claims can take as it depends on factors like whether the third party is willing to accept liability and the amount of evidence you have that shows how their negligent actions caused your injury. 

To learn more about this, please contact us using the details above. We provide free legal advice and can tell you in just one phone call if you’re eligible to claim.

Head injury work restrictions

A head or brain injury can have a significant impact on an individual’s life, and so you will probably want to know about any head injury work restrictions that are in place. Of course, everyone’s case is different, but we will provide you with some general advice and guidance. Your injury may mean that you cannot do the job you once had in the same way.

However, this does not mean you cannot work. You may need to change your job, or you may be allowed to continue in your same job, yet adaptations will need to be made to accommodate your needs. As per the Equality Act 2010, employers are under a legal responsibility to make reasonable changes to the workplace for any disabled employees.

As mentioned, your ability to work does depend on the extent of your brain injury and the symptoms you are experiencing. For example, if you have difficulty concentrating or suffer memory loss, you may find customer service, record maintenance, and working in an office difficult. It’s all about finding something that is suitable for you.

How much can you claim after a brain injury at work?

If you have suffered a brain injury at work and you are thinking about making a compensation claim for compensation, you will probably want to know how much money you will be entitled to. Check out the table below to get a good understanding regarding the typical payout for claims associated with head and brain injuries.

How Much Can You Get For A Head Injury?

Compensation for…Common Payout BracketNotes
Mental anguish£4,380Expectation of end of life and fear of death.
Brain damage very severe £264,650 to £379,100This 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£205,580 to £264,650Injured 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£40,410 to £205,580A payout between £40,410 and £85,150 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 £85,150 and £140,870 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 £140,870 and £205,580 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 £14,380 to £40,410The 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£2,070 to £11,980If 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.

It’s difficult to answer questions like, “how much can you get for a head injury?” This depends on many factors, such as the extent of your injury and how your quality of life has been negatively impacted. The table above, compiled using the Judicial College Guidelines, shows the amount of compensation you could receive from specific types of injuries.

However, it is simply impossible to give you an exact figure. No matter what any solicitor proclaims, they cannot guarantee you will be awarded a certain amount of money. This is because every claim is different.

If you cannot find the brain or head injury you have sustained in the table above, please do not hesitate to give us a call for further information.

No Win No Fee traumatic brain injury at work

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.

NHS – A Brain Injury Guide

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.

The Disabilities Trust Group

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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