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A Dissertation On Filing Work Accident Claims Following A Brain Injury At Workplace

Guide, Legal - Ruth - October 3, 2021

The industrial centers in the United Kingdom see thousands of work accidents per year. A lot of discussions have taken place and a number of meetings have been conducted to find out the reasons behind these accidents. It is found that it is mostly the employers’ failure to conduct a risk assessment of the workplaces and inability to provide a safe and secure workplace that leads to accidents at work.

The commercial centers of the United Kingdom witness various types of work accidents; brain injury is one of the most common among them. The risk of brain or head injury is mostly visible in the construction sites where the workers often need to climb high-rise apartments for construction works. When a worker undergoes brain injury due to an accident at work, he is entitled to file work accident claims and demand a good amount of compensation to recompense the pain and suffering he has undergone due to his employer’s negligence.

The Effects of Brain Injuries Are Often Devastating

Brain injuries can have devastating effects. It might turn a person entirely disable for the rest of his life. Traumatic brain injury is usually categorized into two types. They are penetrating injury and closed head injury. The former type of injury occurs when an external object, for example, a bullet, hits the head, penetrates it, and damages a certain part of the organ.

The symptoms usually depend on which particular part of the brain is injured. The closed-head injury is what is mostly experienced by the workers at workplaces. This type of injury mostly occurs due to falls from height. A brain injury at work can lead to physical problems and communication difficulties. There are many work accidents victims who suffer cognitive problems due to their brain injuries.

Types of Problems Caused by Brain Injuries at Work

Physical problems like dizziness, loss of vision and hearing, vomiting, lack of coordination between arms and legs, and seizures can be caused by a brain injury at work. Communication problems, as said earlier, can occur due to brain injuries. To cite an example, an accident at work victim with a serious head injury might find it difficult to find correct words to describe things.

People might find it hard to understand what a brain injury victim is saying. Other problems might include trouble understanding what other people are saying and difficulty in recognizing people. The effects of brain injury vary according to the intensity and seriousness of the injury.

What Should a Brain Injury Victim do After a Work accident?

A brain injury victim should immediately see a physician to examine his injuries and determine which part of the brain has been affected. Immediate treatment can heal the injuries and a slight delay in the treatment can turn out to be devastating for the patient.

What If the Brain Injury is caused Due to Employer’s Negligence?

As stated above, a brain injury victim can take action against his employer and file a work accident compensation claim against him in the court of law and a personal injury lawyer can fight for him in court. Remember, a traumatic brain injury can result in expensive treatments. In order to recompense the financial losses incurred by the work accident, the victim can demand a good amount of compensation from the guilty party. The money received as compensation usually covers the loss of income, pain and suffering, medical expenses, and legal expenses.

What Should A Work Accident Victim Expect Before Filing a Brain Injury Compensation Case?

Before filing a compensation case, the victim or his family members and friends should find out an efficient personal injury solicitor who is capable of winning the maximum amount of compensation for him. Now, the question is: how to know if a solicitor is capable of dealing with a brain injury case. You need to check the credentials and performance record of your chosen solicitor to know how many similar types of cases he has won. You should choose a lawyer on the basis of his reputation, performance record, and success rate. The personal injury solicitors specialized in work accident cases can best deal with brain injury compensation cases.

What Should a Personal Injury Solicitor Try to Establish to Gain Maximum Amount of Compensation?

There are certain things that need to be established in the court of law to earn the maximum amount of compensation for a brain injury victim. The solicitor can seek the assistance of an accident reconstruction expert to file the claim. An accident reconstruction expert usually has the expertise to create a computer animation of the entire incident and check the body movements of the victimized worker during the accident. In order to prove the nature and extent of the damage, the solicitor might seek the advice of a neurologist and a radiologist.

The reports provided by these medical experts can help the judge understand the level of injury. Understanding the extent and nature of the injury is important because in most cases, the degree of injury plays a vital role in deciding the amount of compensation to be granted to the brain injury victim. The more serious is the injury, the higher is the scope of getting the highest amount of compensation. The personal injury solicitors looking after brain injury cases usually contact the family members of the victim to know about how they were before and after the mishap.

A work accident claim should be filed within three years of the mishap. It is always better to talk to a personal injury solicitor in person to extract more details about the litigation process involving a brain injury claim. Personal injury solicitors have usually learned professionals and they have in-depth knowledge about the laws concerning work accidents.

They know how to file a claim in an organized and hassle-free manner. They know the tactics to instill confidence in their clients and provide them with the hope of a successful claim. Remember, it is important to choose a lawyer who will be patient enough to listen to the story narrating your accident.

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