A brain injury at work can be life-changing in an instant. Whether caused by a fall from height, a trip or slip, a collision with a vehicle, or being struck by a falling object, the consequences can affect every part of your life: your health, your ability to work, your relationships and your independence.

If you or someone you love has suffered a workplace brain injury, understanding who is responsible is one of the most important first steps you can take. In this article, we cover who bears legal responsibility for a workplace brain injury, the duty of care employers owe under UK health and safety law, the most common causes of brain injury at work, what happens if you were partly at fault, and what compensation you may be able to claim.

If you or a loved one has suffered a brain injury at work, get in touch with our personal injury solicitors today.

Who is responsible when a brain injury happens at work?

In most cases, your employer is legally responsible when a brain injury happens at work. Under the Health and Safety at Work etc. Act 1974 (HSWA), employers must take all reasonably practicable steps to protect employees’ health and safety. If they fail in that duty and you suffer a brain injury as a result, you can bring a workplace brain injury claim, even if you’re still employed by the same company.

It’s also possible for more than one party to be liable. Depending on how the accident happened, a premises owner, equipment manufacturer or principal contractor may also bear responsibility. We explore each of these in more detail below.

What duty of care does an employer owe?

The law places clear obligations on employers to protect everyone working for or with them. The HSWA requires employers to take all reasonably practicable steps to prevent harm. The Management of Health and Safety at Work Regulations 1999 (MHSWR) go further, requiring suitable and sufficient risk assessments and appropriate control measures wherever risks are identified.

Depending on the work environment, additional regulations may also apply (for example):

• The Work at Height Regulations 2005 govern work on scaffolding, ladders and elevated platforms.
• The Provision and Use of Work Equipment Regulations 1998 (PUWER), which require that machinery and equipment are safe and properly maintained.
• The Personal Protective Equipment at Work Regulations 1992 (PPE Regulations), which require employers to provide suitable head protection where there’s a risk of head injury.

These duties apply not only to permanent employees but also to agency workers, temporary staff and contractors on site. In practice, this means identifying hazards, assessing risks, providing adequate training and supervision, and supplying the right protective equipment before work begins.

What are the most common causes of brain injury at work?

Brain injuries can result from a wide variety of workplace accidents. Some of the most common causes of head injury at work claims include:

• Falls from height, particularly in construction, agriculture and warehousing.
• Being struck by falling or moving objects on site.
• Accidents involving forklifts, plant machinery or other workplace vehicles.
• Slips, trips and falls at ground level.
• Violent incidents at work, including physical assaults.
• Road traffic accidents occurring while driving for work purposes.

It’s important to understand that a brain injury isn’t always immediately obvious. Symptoms such as confusion, memory problems or changes in mood and behaviour can develop over hours or even days after an accident. If you’ve suffered a head injury at work, early legal advice matters, both to protect your recovery and to preserve the evidence needed for a claim.

Who else could be responsible, beyond the employer?

Your employer isn’t always the only party who bears legal responsibility. Depending on how the accident happened, other parties may also owe you a duty of care:

• Occupiers of premises: Under the Occupiers’ Liability Act 1957, the owner or occupier of a site must ensure it’s reasonably safe for workers and visitors.
• Manufacturers or suppliers: If defective equipment contributed to your injury, the manufacturer or supplier may be liable under the Consumer Protection Act 1987.
• Principal contractors: On construction sites, the Construction (Design and Management) Regulations 2015 (CDM Regulations) impose duties on principal contractors to coordinate health and safety across the site.
• Labour agencies: Where an agency exercises a significant degree of control over how you work, they may share responsibility for your safety.

More than one party can be liable for the same accident. This is one of the most important reasons to seek specialist legal advice early, so that every avenue of responsibility is properly investigated.

What if the injured person was partly at fault?

Being partly responsible for an accident does not prevent you from making a brain injury claim. Under the Law Reform (Contributory Negligence) Act 1945, a court can reduce the compensation awarded to reflect your share of responsibility, but you can still recover a significant proportion of your losses.

For example, if you weren’t wearing a hard hat that had been provided to you, or if you disregarded a safety instruction, your compensation might be reduced. However, the full circumstances always need to be examined first. What may initially appear to be worker error often turns out to involve wider failures in training, supervision or risk management. We’ll carry out a thorough investigation before drawing any conclusions about fault.

What compensation could be claimed for a brain injury at work?

Compensation in a workplace brain injury claim covers both the personal impact of your injury and your financial losses.

General damages cover the non-financial impact:

• Pain, suffering and loss of amenity.
• Psychological effects, including anxiety, depression and personality changes.
• Loss of enjoyment of life and leisure activities.

Special damages cover financial losses and future costs:

• Lost earnings, both past and future, including where returning to work after a brain injury is no longer possible in the same role or capacity.
• Medical treatment and rehabilitation costs.
• Ongoing care needs, whether provided by professionals or family members.
• Home adaptations and specialist equipment.
• Travel and accommodation costs related to your treatment.

Serious injuries require expert evidence from neurologists, neuropsychologists, care specialists and employment consultants. Our team works with leading independent experts from the outset and supports early rehabilitation as part of our commitment to your wider recovery, not just the legal outcome.

How long do you have to make a claim?

In most cases, you have three years from the date of your accident to bring a workplace brain injury claim. There are important exceptions:

• Mental incapacity: If your brain injury has left you without the mental capacity to manage your own legal affairs, the three-year period doesn’t run while that incapacity continues. Our in-house Court of Protection team can advise on protecting your interests during this time.
• Children: If the injured person was under 18 at the time of the accident, the three-year limitation period runs from their 18th birthday.
• Location: Another potential factor is where the accident took place. Different (usually shorter) time limits may apply if the accident took place (for example) abroad, on a ship or on a plane.

Even if you have time remaining, we strongly encourage early contact. Accident reports, witness accounts and CCTV footage can be lost or destroyed. Acting promptly protects the strength of your claim.

How Ashtons Legal can help

Our specialist brain injury claims team has the experience and credentials to handle even the most complex workplace brain injury claims. We’re approved Headway solicitors for 2026, members of the Brain Injury Group and the Major Trauma Group, and accredited members of the Association of Personal Injury Lawyers (APIL). We’re also approved by the United Kingdom Acquired Brain Injury Forum (UKABIF) and are signatories to both the Serious Injury Guide and the Rehabilitation Code.

We offer more than just legal representation. Our team includes in-house rehabilitation coordinators and welfare advisors who support your recovery from the outset, alongside access to our wider firm’s expertise in Court of Protection, Wills and trusts, employment and family law. Richard Foyster, Head of Personal Injury, and Michael Wangermann, Head of Injury Services, lead a team ranked Band 1 by Chambers and Partners and Tier 1 by The Legal 500.

Most workplace brain injury claims are handled on a no win, no fee basis, so you won’t pay legal fees if your claim is unsuccessful.

To speak to a specialist, contact our legal teams in Bury St Edmunds, Cambridge, Ipswich, Norwich or Leeds. Alternatively, fill in our online enquiry form and a member of our team will be in touch shortly.