Making A Head Injury At Work Claim In Scotland

This guide will provide you with information about the process of beginning a personal injury claim after sustaining a head injury at work in Scotland. We discuss eligibility criteria, time limits and what evidence could support your claim for a personal injury at work.

head injury at work

Making A Head Injury At Work Claim In Scotland

In addition to this, we explore the responsibilities that employers have with regard to employee safety and well-being in the workplace. We also look at how an employer’s failure to adhere to their responsibilities could cause you to suffer a head injury.

You could be eligible to receive compensation for the way your injury has affected your life, both physically, emotionally and financially. We will explore the personal injury settlement you could be awarded if your claim succeeds and how it will be calculated.

Furthermore, we discuss the benefits of working with a No Win No Fee solicitor from our panel and look at the services they could offer you.

To discuss your potential accident at work claim with an advisor, you can:

Jump To A Section

  1. Can You Claim For A Head Injury At Work In Scotland?
  2. When Could Employer Negligence Lead To You Sustaining A Head Injury At Work?
  3. What Compensation For A Head Injury Could You Receive?
  4. Potential Evidence When Making A Claim For A Head Injury At Work
  5. Make A No Win No Fee Workplace Accident Claim Using Our Panel Of Solicitors
  6. Learn More About Claiming Compensation For A Workplace Injury In Scotland

Can You Claim For A Head Injury At Work In Scotland?

Firstly, you may be eligible to start a personal injury claim for a head injury at work in Scotland if you can prove that employer negligence occurred. There are three important points that form the basis of negligence:

  • Firstly, your employer owed you a duty of care.
  • Then, they breached this duty of care.
  • Finally, you experienced physical injuries, psychological harm, or both as a result of the breach.

The duty of care employers owe their employees is outlined in the Health and Safety at Work etc. Act 197A (HASAWA) and states that they need to take reasonable and practicable steps to ensure the safety and well-being of employees in the workplace. Section 2 of HASAWA sets out some of the steps they must take:

  • Providing adequate training.
  • Carrying out regular risk assessments.
  • Addressing any hazards they find in the risk assessments to remove or reduce the risk they pose.

If there was a failure on your employer’s part to uphold their duty of care and this caused you to sustain a head injury at work in Scotland, you may be eligible to make a personal injury claim.

Is There A Workplace Injury Compensation Time Limit?

The Prescription and Limitation (Scotland) Act 1984 states that there is a general three-year time limit to starting a personal injury claim. The time limit is paused for those under the age of 16 and will restart from their 16th birthday.

There may be other exceptions to the time limit. To find out more about these, please get in touch using the number above. An advisor can also discuss when you could be eligible to seek personal injury compensation.

When Could Employer Negligence Lead To You Sustaining A Head Injury At Work?

Below, we have provided some examples of how an employer could breach their duty of care and cause you to sustain a head injury at work.

  • An employer may instruct an employee to use a faulty ladder to work from a height resulting in them falling and sustaining mild concussion.
  • When working on a construction site, an employer fails to provide necessary personal protective equipment, such as a hard hat. As a result, an employee sustains a severe head injury after falling debris hits them on the head.
  • An employer may have failed to carry out a risk assessment and implement measures to reduce the risk of injury while working at a height on scaffolding. As a result, an employee falls from a height and sustains severe brain damage alongside other injuries.

It’s important to note that not all workplace accidents happen because an employer breached their duty of care. As such, you may not always have valid grounds to pursue compensation.

To discuss your specific case in detail and find out if you are eligible to bring forward a claim against your employer, get in touch with our advisors using the contact details above.

What Compensation For A Head Injury Could You Receive?

After making a successful claim following a head injury at work in Scotland, you could be awarded compensation for the following:

  • Your pain and suffering, both emotional and physical, that has been caused by your injuries. This is compensated for under general damages.
  • Your monetary losses, both past and future, incurred as a result of your injuries. This is compensated for under special damages.

Medical evidence can be used by solicitors to help them value your injuries alongside the guideline award brackets listed in the Judicial College Guidelines from Judiciary UK. We have included some of these figures in the table below. Please note, they are not a guarantee of what you will receive as each claim and settlement is unique.

InjurySeverityAward Brackets - GuidelinesNotes
Brain and Head Injury(a) Very Severe £282,010 to £403,990The person has a requirement for full-time care.
(b) Moderately Severe £219,070 to £282,010The person has a very serious disability. This will either be cognitive or physical. As a result, the person will be substantially dependent on others and need constant care.
(c) Moderate (i)£150,110 to £219,070Moderate to severe intellectual deficit with a change in personality, effect on senses and a significant epilepsy risk. The person will also have no employment prospects.
(c) Moderate (ii) £90,720 to £150,110Moderate to modest intellectual deficit with the ability to work being greatly reduced or removed. The person faces some risk of epilepsy.
(c) Moderate (iii) £43,060 to £90,720Dependence on others is limited but concentration and memory are affected and there is a reduction in the person's ability to work.
(d) Less Severe £15,320 to £43,060A good overall recovery and return to normal social life and work.
(e) Minor Injury£2,210 to £12,770If there is any brain damage, it will be minimal.
EpilepsyEstablished Grand Mal £102,000 to £150,110Cases of Established Grand Mal.
Established Petit Mal£54,830 to £131,370The award will be influenced by factors such as the effect on the person's working and/or social life as well as the prognosis.
Other Epileptic Conditions£10,640 to £26,290One or two discrete epileptic episodes or where epilepsy temporarily comes back.

Special Damages When Claiming For Negligence At Work

As mentioned, you could be awarded compensation for the financial losses you have experienced due to your injuries under special damages. Below are examples of the costs you could claim back and the evidence that could support your case:

  • Payslips can prove any loss of earnings.
  • Prescriptions and receipts can show any money you have paid for medical treatment.
  • Invoices could show any domestic care you needed to pay for.
  • Bus and train tickets can show any travel expenses.

If you would like more information on the personal injury settlement you could be awarded following a successful claim for a head injury at work, please contact our team using the number above.

Potential Evidence When Making A Claim For A Head Injury At Work

Evidence can help support your claim by proving liability and providing details on the nature of your injuries. Below are some examples of the evidence you could gather:

  • CCTV footage showing the accident.
  • Copies of medical records detailing the injuries you sustained.
  • Photographs of your injuries as well as any hazards that caused the accident.
  • Contact details of any witnesses willing to provide a statement.
  • A diary that gives an idea of your emotional and physical state after the accident.

The solicitors on our panel can assist you with collecting evidence and building your case. If you would like to find out whether you could be eligible to have one of them represent your case, get in touch with our advisors.

Make A No Win No Fee Workplace Accident Claim Using Our Panel Of Solicitors

Our panel of personal injury solicitors can offer their services in a No Win No Fee capacity. They may offer to work on your claim under a Speculative Fee Agreement or Damages Based Agreement as per the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018.

Firstly, there are typically no upfront or ongoing fees requested by the solicitor working on your case for the services they provide. Also, if the claim is unsuccessful, the solicitors usually won’t request a payment for the work completed on your claim.

Claims with a successful outcome require a small amount to be deducted from the compensation to act as a success fee. This is subject to a legislative cap which ensures you keep the majority of your compensation.

If you feel you would benefit from having a personal injury solicitor from our panel represent your case on this basis, please get in touch with an advisor. After assessing your eligibility to pursue a claim for a head injury at work, they can connect you with a solicitor.

For more information, you can:

Learn More About Claiming Compensation For A Workplace Injury In Scotland

For more of our helpful personal injury guides:

For more external resources:

Thank you for reading this helpful guide on beginning a personal injury claim following a head injury at work in Scotland. If you have any other questions, please get in touch using the number above.

Writer Jeff Watson

Editor Meg Mochi