Suffered a Brain Injury at Work? Explore Your Legal Options

How Brain Injuries Impact the Workplace

A brain injury is life-changing, especially when it happens on the job. Beyond the immediate physical and emotional toll, the legal complexities and financial hardships can be overwhelming. Let’s unpack the types of brain injuries often sustained at work, the immediate steps to take, and the legal options available to help protect your future.

Types of Brain Injuries

Traumatic Brain Injuries (TBI)

Workplace accidents, especially in high-risk jobs involving machinery or physical labor, can lead to traumatic brain injuries. These injuries happen when a forceful impact causes the brain to move within the skull, resulting in bruising, tears, or bleeding. Falls, being struck by objects, or equipment malfunctions are common causes. TBIs range from concussions to debilitating brain damage, affecting cognitive function, motor skills, and even emotional health. Recognizing the risks and understanding TBIs is essential for both prevention and recovery.

Concussions and Contusions

Concussions and contusions are injuries often caused by direct impact to the head or significant shaking. A concussion, though often classified as mild, can disrupt your day-to-day life with dizziness, memory loss, and confusion. Contusions, or bruising of the brain, can lead to symptoms like brain swelling and increased pressure, which require immediate medical care. Even minor injuries must be addressed to avoid long-term complications.

What to Do After a Brain Injury at Work

Seek Medical Help

When you’ve sustained a brain injury, no matter how minor it seems, immediate medical attention is non-negotiable. This not only protects your health but also creates vital documentation for any workers’ compensation or legal claims. Quick action can determine your prognosis and shield your rights.

Report the Incident

Once safe, report the injury to your employer. Share the details, including what happened, where, and when. This creates an official record, which is not only required for compensation eligibility but also ensures accountability for workplace safety improvements.

Legal Protections for Workers with Brain Injuries

Workers’ Compensation—Your Safety Net

Understanding Eligibility

If your brain injury occurred during the course of your job, you could be entitled to workers’ compensation. This typically covers medical bills, a percentage of your lost wages, and rehabilitation expenses. Understanding the benefits available is key to ensuring a stable recovery process.

How to File a Claim

The workers’ compensation process involves reporting the incident promptly, seeking approved medical care, and keeping track of all documentation. Denials are not uncommon, but have no fear—there’s an appeals process to challenge such decisions. An experienced attorney can guide you through this if needed.

Beyond Workers’ Compensation—Other Legal Options

Personal Injury Cases

If your workplace brain injury was due to someone else’s negligence, like a faulty machine or the actions of a subcontractor, you may consider a personal injury lawsuit. Unlike workers’ comp, these cases can compensate you for pain and suffering, broadening your financial recovery options.

Third-Party Claims

When a third party—neither you nor your employer—is at fault, you can explore a third-party claim. These types of cases require thorough investigations but can provide additional financial support beyond workers’ compensation.

Moving Forward After a Workplace Brain Injury

Protecting Your Legal Rights

Finding the right attorney is crucial. A lawyer who specializes in brain injury and workplace accidents will understand the specific challenges you're facing. They can help assemble the evidence, provide expert guidance, and ensure you secure the maximum benefits and compensation you’re entitled to.