Written by Rick Gregory, Editorial Lead · Legal information checked in collaboration with Edward & Amaury Solicitors (SRA 800525) · June 2026 · ~5 min read
WorkClaim UK is a trading name of Edward and Amaury Limited (Edward & Amaury Solicitors), authorised and regulated by the Solicitors Regulation Authority (SRA 800525).
Quick Summary
- Head injury compensation depends on severity, prognosis, and cognitive impact
- The Judicial College Guidelines (18th edition, April 2026) split brain and head injuries into seven brackets, from minor brain or head injury (£2,920 – £16,870) to very severe brain damage (£372,570 – £533,720)
- Special damages can be substantial in serious cases — including care, equipment, accommodation, and lifetime loss of earnings
- Strong evidence includes the accident book entry, A&E records, CT or MRI imaging, and a neurology or neuropsychology report
- The three-year limitation period applies, but specialist support should be arranged as early as possible in moderate to severe cases
How much compensation can you claim for a head injury at work?
The amount depends primarily on the severity of the brain or head injury and the long-term consequences for your work and daily life. The Judicial College Guidelines, 18th edition (published 9 April 2026), set the following brackets. Figures are from DAC Beachcroft's comparison of the 17th and 18th editions; the descriptions are our plain-English summary.
| Bracket | Typical features | 18th edition (2026) |
|---|---|---|
| Minor brain or head injury | Little or no brain damage; value depends on severity, recovery time and ongoing symptoms such as headaches | £2,920 – £16,870 |
| Less severe brain damage | Good recovery and return to work and normal social life, but some lasting problems such as poor concentration, memory or mood | £20,240 – £56,890 |
| Moderate brain damage (iii) | Concentration and memory affected, reduced ability to work, small risk of epilepsy, very limited dependence on others | £56,890 – £119,860 |
| Moderate brain damage (ii) | Modest to moderate intellectual deficit; ability to work greatly reduced or lost | £119,860 – £198,320 |
| Moderate brain damage (i) | Moderate to severe intellectual deficit, personality change, significant risk of epilepsy, no prospect of work | £198,320 – £289,420 |
| Moderately severe brain damage | Serious disability with substantial dependence on others and a need for constant care | £289,420 – £372,570 |
| Very severe brain damage | Little or no meaningful response to surroundings and a need for full-time nursing care | £372,570 – £533,720 |
These are general damages only, and courts can depart from the guidelines. Special damages are added on top.
What causes head injuries at work?
Common workplace causes include falls from height (the leading cause of fatal head injury in UK construction), falling objects, machinery strikes, vehicle and forklift collisions, and slips on industrial floors. Employers have specific duties under the Work at Height Regulations 2005, the Personal Protective Equipment at Work Regulations 1992 (which have covered head protection on construction sites since 2013), and the Provision and Use of Work Equipment Regulations 1998 (PUWER) to prevent these incidents.
What special damages can you claim?
For minor head injuries the special damages element may be limited to lost earnings during recovery and out-of-pocket treatment costs. For moderate and severe brain injuries the special damages can dwarf the general damages, and typically include:
- Past and future lost earnings, calculated with a forensic accountant
- Care and case management — including 24-hour care in catastrophic cases
- Rehabilitation — neuro-physiotherapy, occupational therapy, neuro-psychology
- Aids and equipment — cognitive assistive technology, mobility equipment
- Accommodation — adapted housing or single-storey living
- Court of Protection costs where the claimant lacks mental capacity
What evidence is needed?
Head injury claims depend on robust medical evidence. Useful evidence includes:
- The accident book entry and any RIDDOR report
- Ambulance and A&E records
- CT, MRI and neuropsychological assessment results
- Witness statements (the claimant may have no memory of the event)
- Photographs of the scene and any equipment involved
- Helmet or PPE provided (or not provided) at the time
Frequently asked questions
Can I claim if I have made a good physical recovery but still have memory problems?
Yes. Cognitive deficits — memory, concentration, executive function, mood — are recognised heads of damage even where physical recovery has been good. A neuropsychologist will quantify the deficit.
What if I was not wearing a hard hat?
You may still claim. If your employer failed to enforce hard hat rules, failed to provide one, or failed to train you, the bulk of liability remains with them. Your award may be reduced for contributory negligence in some cases, depending on how much the court decides your own actions contributed to the injury.
How long do head injury claims take?
Minor head injury claims can settle within months once the medical evidence is complete. Moderate to severe brain injury claims usually take considerably longer — often several years — because the prognosis needs to stabilise before final settlement. Interim payments can be requested in the meantime.
Find out what your head injury claim is worth
Free case assessment — or call 01228 272395 to speak to Edward & Amaury Solicitors (SRA number: 800525).