WorkClaim UK Editorial · June 2026 · ~5 min read
Quick Summary
- Head injury compensation depends on severity, prognosis, and cognitive impact
- The Judicial College Guidelines split brain and head injuries into five brackets, from minor head injuries (£2,690 – £15,580) to very severe brain damage (£344,150 – £493,000)
- 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 (17th edition, 2024) provide the following indicative bands:
| Bracket | Description | Indicative range |
|---|---|---|
| Minor head injury | Brief unconsciousness or none; full recovery within weeks; no lasting brain damage | £2,690 – £15,580 |
| Less severe brain damage | Good recovery, return to work, some persisting problems with concentration or mood | £15,580 – £43,060 |
| Moderate brain damage (iii) | Concentration and memory affected, ability to work reduced, dependence on others moderate | £43,060 – £90,720 |
| Moderate brain damage (ii) | Modest intellectual deficit, ability to work reduced or no longer possible | £90,720 – £150,110 |
| Moderate brain damage (i) / severe | Substantial dependence, change in personality, significant risk of epilepsy | £150,110 – £344,150 |
| Very severe | Little or no meaningful response, need for full-time nursing care | £344,150 – £493,000 |
These are general damages only. 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 Construction (Head Protection) Regulations, 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, but rarely by more than 25%.
How long do head injury claims take?
Minor cases settle in 9 to 18 months. Moderate to severe brain injury cases typically take 2 to 5 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).
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