Traumatic Brain Injury Workers’ Comp Settlements
A traumatic brain injury is one of the most devastating injuries employees can suffer in the workplace. And it can have a long-term impact on both the victim and their families, sometimes even causing permanent damage or disability. Unfortunately, however, when it comes to traumatic brain injury workers’ comp settlements, insurance companies struggle to value claims properly.
At Dewberry Law, we understand that TBI claims are complex and that such injuries can present in subtle ways difficult to prove. We can guide you with your workers’ compensation claim and will treat your case with the care it deserves.
What Is a Traumatic Brain Injury?
TBIs occur when the forceful impact of falls or other sudden events causes the brain to slam against the inside of the skull. In some cases, this can cause swelling or bleeding in the brain. And because the brain is made of delicate soft tissue, even a relatively minor injury can greatly impact the body’s ability to move, think, or communicate.
Brain injuries are classified as mild, moderate, or severe, and there are many types, including:
- Diffuse axonal injury
- Penetrating injury
Traumatic brain injury is common in the workplace, sometimes leading to disability or even death. Head injuries most often occur due to falling objects, slip and falls, falling from heights, and motor vehicle accidents.
Recognizing the Symptoms of TBIs
While some symptoms are obvious, brain injuries often present with subtle signs that can be easy to dismiss. Catching these signs early is crucial in preventing further damage. Depending on the severity of your injury, you may experience the following:
- Nausea and vomiting
- Persistent headache
- Dilated pupils in one or both eyes
- Clear fluid leaking from the nose or ears
- Mood or behavior changes
- Problems with vision, memory, or speech
What You Should Do After a Head Injury
Seek Medical Attention
If you’ve sustained a head injury at work, don’t brush it off or assume you’re okay. Your first priority should be to seek medical treatment. Even if you don’t experience immediate symptoms, a delay in treatment could lead to irreversible damage. It could also undermine your traumatic brain injury workers’ comp settlement.
Tell your doctor or the emergency personnel that your injury happened on the job. It’s important to get that documentation into medical notes as this can benefit your claim at a later date.
Report the Accident to Your Employer
Report the injury to your employer as soon as possible. You may have to complete specific documents with your supervisor or human resources department in order to begin a workers’ comp claim. However, your employer and their workers’ comp insurance should take care of medical bills and other expenses, such as two-thirds of your lost wages.
Document Your Symptoms
While doctors and other medical professionals will keep notes about your condition, you should document your symptoms as well. You need evidence to prove the extent of your injury and what you’ve lost aside from being away from work.
Keep a daily record or journal of your symptoms and activities. If you are unable to write, ask a friend or family member to keep this record for you. Record the date and anything significant that happened that day, including detailed notes about changes to your activities of daily living. Don’t worry if your notes seem repetitive. This will show that your symptoms are consistent and that the severity of your condition is not improving.
You should also write down how the head injury has affected your life. Discuss these changes with medical providers. You will need good records in order to obtain a fair traumatic brain injury workers’ comp settlement.
Hire a Good Workers’ Comp Attorney
A TBI can dramatically affect your expenses and capacity to earn wages in the future. That’s why it’s crucial to have the help of an experienced attorney who understands the complexity of TBI claims. We can help you maximize your chances of receiving a fair settlement.
Are You Eligible for a Third Party Claim?
If someone besides your employer or a coworker was liable for your injuries, you may be eligible for more than workers’ comp. For example, you may be able to file a personal injury claim for additional compensation against the following:
- An at-fault driver if you were injured in a motor vehicle crash
- Manufacturer of defective equipment or tools
- Contractor responsible for OSHA violations on the job
- Property owner if the location was not owned by your employer
Speak to a Pasadena CA Workers’ Comp Attorney Today
We know how much a brain injury could affect your life, as well as how difficult it can be to prove to the insurance company. Traumatic brain injury workers’ comp settlements are difficult to handle on your own. To learn more about how we can help you obtain compensation for your medical expenses, lost wages, and other losses, contact Dewberry Law today.