How do head injuries happen at work?
Falling objects on construction sites and in warehouses, falls from height onto hard surfaces, blows from moving vehicles or plant, machinery strikes, low headroom and unguarded edges. The Personal Protective Equipment at Work Regulations 1992 (amended 2022) require employers to provide hard hats and other suitable PPE where a residual risk remains after engineering controls.
How is severity assessed?
Medical experts use the Glasgow Coma Scale and post-traumatic amnesia duration as objective markers. The Judicial College Guidelines 17th edition divides brain injury into: very severe £282,010 – £403,990 with extreme cases up to £493,000; moderately severe £219,070 – £282,010; moderate £43,060 – £219,070; less severe £15,320 – £43,060; minor brain damage / concussion £2,690 – £15,320.
Special damages in head injury claims
Where the injury is significant the schedule of loss is often dominated by future losses: lifetime loss of earnings calculated on the Ogden Tables with a discount rate of -0.25%; commercial or family care; case management; neurorehabilitation; specialist accommodation and adaptations; and deputyship costs under the Mental Capacity Act 2005 where capacity is lost.
Rehabilitation Code and interim payments
Most catastrophic head injury claims engage the Rehabilitation Code 2015. The insurer typically funds an independent immediate-needs assessment and a rehabilitation plan in parallel with the claim. Interim payments under CPR 25.6 fund private treatment, accommodation and care while quantum is assessed.
What is the time limit?
Three years from the accident under section 11 of the Limitation Act 1980. Where the injured person lacks mental capacity, the limitation period does not run while incapacity continues. Where they are a child, the period runs from their 18th birthday.
Do I need to have been knocked unconscious to claim?
No. Mild traumatic brain injury can occur without loss of consciousness. Symptoms such as persistent headache, memory problems, mood changes and fatigue all justify investigation and may support a claim.
Can the family of a brain-injured worker bring the claim?
Yes. Where the worker lacks capacity, a litigation friend (commonly a family member or a court-appointed deputy) brings the claim on their behalf under CPR Part 21.
How long does a serious head injury claim take?
Typically 2 to 5 years. A reliable long-term prognosis takes time and significant interim payments are usually secured to fund treatment in the meantime.
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.