Can I Claim Brain Injury Compensation for a Workplace Accident?

Nobody expects a normal Tuesday shift to end in a hospital ward. When a head and brain injury happens, it can feel overwhelming and could be life altering. Whether it was a fall from a height or a strike by a moving object, the shock can feel devastating for you and your family.

The important thing is to know how to move forward with rehabilitation, support and your legal rights.

If you’re wondering whether you can claim brain injury compensation for a workplace accident, this guide will talk through when you claim compensation for a brain injury, factors that might make you ineligible and how to get started with the legal process.

What is the definition of a brain injury?

Under personal injury law, a brain injury is essentially any trauma that disrupts the normal function of the brain. This can range from mild concussions that resolve in weeks to more severe damage causing permanent disability.

Regardless of how mild or serious your brain injury is, if you’ve been financially and/or emotionally impacted as a result of the incident, you may be eligible to make a claim.

Can I claim compensation for a brain injury?

Determining eligibility is the first hurdle. To succeed, you must prove your employer breached their duty of care, directly causing your injury.

You are likely eligible to claim if:

• Your employer failed to provide adequate safety gear (such as helmets at a building site).
• There was a lack of proper training or risk assessments.
• You were injured by faulty machinery or unsafe premises.
• You’re within three years of the accident or the date of diagnosis. However, there are exceptions to this rule. For instance, if the person is mentally incapacitated, this three-year limit doesn’t start until they regain capacity. Likewise, if they’re in a coma, this three year limit doesn’t start until they regain consciousness.
• You were partially at fault: You can still claim even if you made a mistake, as long as your employer’s negligence also contributed. This is known as contributory negligence, and while your payout might be reduced, you are still entitled to support.
• You are claiming for a loved one: If the injured person lacks the mental capacity to handle their own affairs, you can act as a litigation friend to claim on their behalf.

You may not be able to claim if:

• There is zero evidence of negligence or fault by a third party.
• The injury happened entirely due to your own actions without any employer or third party failing.
• The accident and diagnosis occurred over three years ago.

If you’re still unsure, contact a specialist brain injury lawyer for advice.

How long does a brain injury claim take?

Settling a brain injury claim is rarely a quick process. While a minor head injury might be resolved in 12 to 18 months, more serious cases frequently take three to five years to reach a final conclusion.

If you’re struggling financially, your solicitor can often secure interim payments to cover immediate bills while the final settlement is negotiated.

This extended timeline is often necessary because solicitors must wait for a clear prognosis – a medical professional’s expert opinion on your long-term recovery – before valuing the claim.

Settling too early can be a costly mistake, as you might miss out on funding for lifelong care or equipment that only becomes apparent years down the line.

Factors such as whether your employer admits fault (liability) and the number of specialist medical reports required will also dictate the speed of your case.

How do I start a brain injury compensation claim?

The process begins with a conversation. When you’re ready, your first step should be contacting a specialist solicitor. They will offer a free consultation to review the facts and determine if your case has merit.

Once they take on your case, they’ll gather medical records, workplace accident reports, and witness statements. A letter of claim will then be sent to your employer’s insurance company to begin negotiations.

What is the average settlement for a brain injury in the UK?

Trying to pin down a typical payout is tricky because the range varies significantly – it often depends on how much the brain injury has impacted your life. There are, however, guidelines for general damages (pain and suffering):

• Minor brain injury: £2,200 to £15,580.
• Moderate brain injury: £52,550 to £267,340.
• Very severe brain injury: £282,000 to over £493,000.

Beyond these figures, you can claim special damages to cover financial losses such as lost wages, private rehabilitation, and home adaptations. For severe cases requiring lifetime care, total settlements can sometimes reach several million pounds.

Is it difficult to get compensation for a brain injury?

It can be challenging to get the full compensation you’re entitled for a brain injury. Symptoms, such as memory loss or personality changes, are harder to prove and more difficult to detect. You can photograph a scar or X-ray a fractured skull, but memory loss takes time and repeated observations to diagnose. Employers might also argue you were at fault. This is why having an expert is non-negotiable – they know how to counter these tactics and present the medical evidence needed to win.

What can help support your case?

To give yourself the best chance of winning your compensation claim, you should:

• Ensure the accident was recorded in the workplace accident book.
• Keep a diary of your symptoms and how they affect your daily life.
• Save all receipts for prescriptions, travel to appointments, or care costs.
• Seek a formal medical diagnosis as early as possible.

As brain injury solicitors in Cambridge, Capital Lawyers provide the expert, compassionate support you need while tackling the complex legal system on your behalf.

We operate on a No Win, No Fee basis, meaning there is no financial risk to you if the claim isn’t successful. With over 10 years of combined experience and a 98% success rate, our personal injury solicitors in Cambridge are dedicated to making the process as hassle-free as possible.

Whether you’re in Cambridge or Peterborough, we are here 24/7 to help claimants across Cambridgeshire. Don’t face this alone; contact us to start your personal injury claim today.