Head injuries claims

This section discusses head injuries in the workplace.

For all other head injuries visit our head and brain injuries claims section.

Head injuries occur for any number of reasons but if they do then they can be life changing. This has a devastating effect on the affected person and their family.

Head injuries and brain damage

A major issue with head injuries is that of brain damage. Minor head injuries may not cause any long term effects but serious injuries can damage the brain, the effects being irreversible.

Severe brain damage can result in a vegetative state.

One problem with head injuries is that it can be difficult to detect any brain damage. Someone with a head injury may assume that their brain is undamaged but fail to connect their symptoms of poor concentration or mood swings with a brain injury.

They may carry on with their normal daily activities totally unaware that they have sustained brain damage.

This damage may only be detected via a CT or MRI scan.

Not every head injury results in brain damage. An example of this is a fractured skull which only affects the external layer and does not include the brain.

Common causes of head injuries at work

These are often caused by being struck by a falling object or falling from a height. Other causes include slips and trips down a flight of steps, from scaffolding or a roof.

Employer responsibility

Employers have a duty to ensure that their workers are sufficiently protected whilst at work. They should have Health and Safety guidelines in place which are designed to reduce the risk of an accident.

As well as these guidelines there should be instructions clearly displayed which govern workplace safety. Employees should be given training suitable to the needs of their job and protective clothing if necessary.

They have a responsibility to their employees but if this fails or is not put in place then accidents will happen. If they do then the employer may be liable.

Head injuries can involve the brain and as a result of that can cause physical, mental and emotional distress.

Effects of head injuries

These can be very serious. If you or someone you know has suffered a head/brain injury due to a workplace accident then the consequences can be severe.

Injuries which involve the brain are life changing and require the family of the injured person to learn to cope with their altered state. They as well as their family have the difficult task of coping with their condition which is stressful for all concerned.

If the injury has caused brain damage then this may have affected parts of the brain responsible for cognitive functions such as reasoning, decision making, concentration and attention span.

This type of damage means that the person is not able to think and act in the same way as before which affects their ability to do their job. They may have to change jobs or if the damage is extensive, have to give up work altogether.

They may have pain and discomfort to deal with plus a range of other symptoms –both physical and mental which affect their quality of life. For the family there is the emotional distress of knowing that their loved one has changed and requires ongoing help and support in order to adjust to their new condition.

All of this puts a tremendous strain on the family.

Someone with a severe injury may require 24 hour nursing care, medication, hospital treatment and a whole host of other specialist services which may have to be paid for.

This along with the loss of earnings and subsequent reduction in income (and living standards) may lead to financial hardship.

Whilst there is no amount of compensation that will undo what has happened it can be used in a positive way. It can help the injured person to rebuild their life and come to terms with their altered state.

It can be used to pay for specialist treatment and care and day to day expenses which will ease the financial burden.

Finally, it may provide some peace of mind.

Making a claim for compensation for head injuries

Find a personal injury lawyer or solicitor who has expertise in this type of claim. They should have knowledge and experience about the many issues surrounding claims for head injuries and will support you each step of the way.

As well as helping with making a claim they may also be able to advise about rehabilitation, support services, welfare benefits and counselling. Other options include help about finding suitable forms of work or training.

They should use tact and sensitivity when dealing with your claim as well as an understanding of the effect this has had upon you and your family. Plus they should be sympathetic to these and any other related issues with the aim of helping you to rebuild your life.

Your claim will undergo an initial review to look at the reasons for doing so and any supporting evidence. Any evidence you may have needs to be submitted along with your claim as this is a vital part of the process.

Compensation claims are based upon the issue of negligence. If there is sufficient evidence to show that your employer failed in their duty of care which resulted in your injury then you have a greater chance of success.

If you want to know more about the claims process then visit our making a claim for compensation section.

Time limit for claiming compensation for head injuries

Claims for personal injury compensation usually have a 3 year time limit. This time limit starts from the date of the initial accident.

But you may wish to confirm this with your lawyer or solicitor.