Fractured Skull at Work- A Guide to Claiming Compensation

A skull fracture is a very worrying injury as it can cause life-changing symptoms that affect both the injured party and their loved ones. Crucially, if you’ve sustained a fractured skull at work because of a negligent employer, you may be entitled to claim compensation for the emotional and physical suffering you’ve endured. As such, we’ll look at how the process of filing a claim for a fractured skull works and what compensation you might be entitled to.

We can also provide a free consultation if you would like to know more about filing a claim against your employer. When you get in touch, a specialist will assess how your skull was fractured, review any evidence available and provide free legal advice about what you could do next. If it seems that you’re entitled to compensation, one of our accident-at-work solicitors may offer legal representation on a No Win, No Fee basis.

If you’d like to contact us now, you can:

• Call 0333 241 2519 to connect with a legal advisor.
• Use our 24/7 live chat service.

Seeking legal advice as soon as possible after sustaining a fractured skull at work can significantly enhance the chances of getting compensation for the pain, suffering, and financial losses you’ve incurred due to the injury.

Types of Skull Fractures We Can Help With

Before we delve into the process of claiming compensation for a fractured skull, let’s review three main types of skull fractures that we can assist with. They are:

• Linear Skull Fractures:  A straightforward skull fracture which is often treated without surgery unless it’s accompanied by other complications.
• Depressed Skull Fractures: Where a part of the skull is pushed in from the trauma – this can cause pressure on the brain so surgery may be needed
• Basilar Skull Fractures: These fractures are considered severe and typically require extensive medical management.

If a fractured skull is caused by an accident at work, you should seek immediate medical attention so that a proper diagnosis can be achieved and to try and minimise the risk of any permanent damage.

Can I Claim Compensation for a Fractured Skull at Work?

Many employees are unsure about their rights when injured at work. However, claiming compensation for a fractured skull at work is often more straightforward than it seems, thanks to employee protection laws. For instance, falls from ladders are generally covered under the Work at Height Regulations 2005, while injuries from faulty machinery might involve the Provision and Use of Work Equipment Regulations 1998.

Central to any claim is the concept of ‘duty of care,’ which is the legal obligation your employer has to maintain a safe work environment. This is broadly outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). Employers could be in breach of HASAWA regulations if you sustained a fractured skull because:

• Enough risk assessments were not carried out in your workplace.
• You had not been provided with a safety helmet or other forms of Personal Protective Equipment (PPE).
• Safety training had not been provided or refreshed recently.
• Workplace equipment had not been maintained in line with the manufacturer’s guidelines.

As such, one of our accident-at-work solicitors may offer to help you claim compensation for a fractured skull where it can be proven that:

• A duty of care was owed to you by your employer at the point of your accident.
• You had an accident at work that was caused by employer negligence.
• Your skull was fractured as a result of that accident.

If you suspect that your employer is to blame for your fractured skull, call our legal advisors now to explore your options.

What Types of Negligence at Work Can Lead to a Fractured Skull Injury Claim?

There are, of course, many ways that a fractured skull at work can occur because of a negligent employer, for instance:

• An employee fell from a high place because broken safety barriers hadn’t been repaired.
• A worker suffered a skull fracture after being hit by an object because they weren’t given a helmet to wear.
• Safety equipment meant to protect workers from head injuries is found to be defective, leading to a skull fracture when it failed in an accident.
• A worker wasn’t trained on how to safely operate machinery, leading to an accident where they were struck on the head.
• Slips, trips and falls that cause an employee to hit their head on a hard surface.

If you or a loved one has been diagnosed with a fractured skull after an accident at work, please let us know what happened. Your case will be assessed by a specialist and your legal options will be explained for free.

What Should I Do If I Sustained a Skull Fracture in the Workplace?

If you’ve sustained a fractured skull at work, consider taking the following steps:

• Visit A&E or your GP immediately to have your injuries assessed and treated. A fractured skull can have serious complications, so prompt diagnosis and treatment are crucial.
• Report the workplace accident to your boss, immediate supervisor or manager without delay and ensure they understand the severity of the injury.
• Make sure the details of the accident are recorded in the company’s accident report book. It’s important to request a copy of this report for your records.

By taking these steps, you’ll not only secure strong evidence for a claim but also help your employer identify and mitigate safety risks to prevent similar incidents in the future.

What Evidence Can Be Used for Fractured Skull Injury Claims?

When claiming compensation for a fractured skull at work, it is important to produce as much evidence to support your claim as possible. This might include:

• X-rays, MRI scans and other forms of medical evidence to prove your injuries.
• Photographs of any visible symptoms (swelling, bruising etc).
• Details of any potential witnesses.
• Health and Safety Executive investigation reports and accident report forms.
• Video footage from CCTV cameras, dashcams or body cameras.
• Accident scene photographs that show any defects or problems that caused your accident.

Even if you don’t have all of this evidence available right now, you could still speak with a legal advisor about the chances of being compensated. If your claim is feasible and a solicitor from our panel offers to support you, they may offer to collect further evidence to prove your case as part of their service.

How Long Do You Have to Claim Fractured Skull Compensation?

You generally have three years from the date of the accident to start a claim for compensation if you’ve sustained a fractured skull at work. This three-year period is stipulated by the Limitation Act 1980, which applies to most personal injury claims.

This means that you must either settle your claim or start court proceedings within three years of the date when your skull was fractured, or from when you first became aware that your injury was significant and related to your work accident.

However, if the claimant lacks the mental capacity to deal with the process themselves, there may be no time limit to file a claim unless they regain capacity. If this can be proven, as per the Mental Capacity Act 2005 someone else could claim on behalf of the injured party at any point.

If the injured person is under 18, the three years begin on their 18th birthday, giving them until they are 21 to make a claim.

In our experience, it is best practice to begin your claim as soon as possible so that there’s time for your solicitor to start collecting evidence to build as strong a case as possible.

How Much Compensation for A Fractured Skull at Work?

Successful fractured skull compensation claims can result in various levels of compensation. Generally, any settlement awarded will be based on general damages (for pain, suffering and loss of amenity) as well as special damages (to recoup any costs and financial losses).

When valuing your physical injuries and any emotional distress, your solicitor will probably book you in for a medical assessment with an independent expert. Their report, along with your hospital records, will help your solicitor value the general damages element of the claim.

Additionally, special damages linked to a fractured skull could cover:

• The cost of modifying your home if the changes will help you to cope with any mental or physical disabilities.
• Lost income. This could also include future loss of earnings for more serious skull fractures.
• Medical and rehabilitation costs.
• The cost of a full-time carer or support from a family member.
• Travel expenses.

Our solicitors will always work hard to ensure that they fully understand the impact of your injuries before settling to ensure that any compensation covers all of your needs for now and in the future.

Can I Claim Compensation on Behalf of a Loved One?

If your loved one has suffered a fractured skull at work and cannot claim compensation themselves, you might be entitled to act as their litigation friend. This is quite straightforward to set up but you will need approval from a court.

This is something our solicitors can help with so please get in touch now to find out more. If you are approved, you’ll be able to work with the solicitor in the normal way to try and achieve a fair settlement for your loved one.

Do I Need a Solicitor to Claim Compensation?

Fractured skull claims will often centre around complex medical needs and may involve lots of specialist evidence. You may, therefore, decide that to make the claims process easier, you’d like to work with a solicitor who deals with complex accident-at-work claims.

If you decide to work with one of our solicitors, some of the services that might be offered in your claim include:

• Arranging for independent specialists to provide evidence about your prognosis.
• Collecting other evidence to help prove what happened.
• Dealing with all aspects of your case including communication with your employer.
• Negotiating hard on your behalf to try and ensure that you are fully compensated.
• Keeping you up to date by providing regular updates about your claim.

Crucially, our solicitors offer No Win, No Fee fractured skull claims for all cases they work on. Once you have signed a Conditional Fee Agreement (CFA), your solicitor’s efforts will only have to be paid for if you receive a compensation payment.

The CFA will set out a success fee percentage that will be deducted from your settlement should you be compensated but, for your protection, this is legally capped at 25 per cent.

Why not call now to see if we could help you start a No Win, No Fee fractured skull injury claim?

How Long Do Fractured Skull Compensation Claims Take?

The duration of a fractured skull compensation claim is likely to depend on a) how complex your needs are because of the injury and b) whether liability for the accident (or your injuries) is contested.

For instance, if you sustained a minor skull fracture that didn’t require surgery and you’ve since recovered in full, compensation could be received in as little as 6 months or so.

However, if you require full-time care due to brain damage caused by a fractured skull at work, it could take a year or two (or more) for your claim to be settled while medical experts try to understand your prognosis for the future. However, so long as liability has been confirmed, you could receive interim compensation payments before the claim is settled to help you deal with any immediate financial issues.

Contacting Us About a Fractured Skull at Work

If you’d like to find out more about your chances of being compensated for a fractured skull at work, you can:

• Call 0333 241 2519 to speak to a legal advisor.
• Use our live chat service at any time of day or night.

We’re ready to provide a no-obligation assessment of your case however you decide to contact us. If your claim is feasible and you decide to proceed, one of our solicitors may offer to help you file a fractured skull injury claim on a No Win, No Fee basis.