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Traumatic Brain Injuries in the Workplace

Even in the most mundane of workplaces, serious on-the-job accidents can occur without warning. Every employer needs to take ample precautions to ensure the safety of its employees and prevent severe or even life-changing injuries. A traumatic brain injury (TBI) is easily one of the worst types of injuries that can be suffered at work or elsewhere.

Identifying a Brain Injury

When a worker suffers a blow to the head, falls, or otherwise gets hurt in a violent accident that might have affected their head, the next step must be to take them to the hospital for urgent medical care. A doctor should see the worker as soon as possible to check for signs and symptoms of a brain injury. Workers’ compensation benefits should cover the cost of emergency medical care, hospitalization, and other medical treatments, so an injured employee should not hesitate to get the help they need right away.

However, there are many situations in which a worker suffers a mild or moderate brain injury but does not know it. Initial symptoms can be subtle, tricking the worker into thinking they are relatively fine when something is wrong under the surface and the injury worsens.

If any of the following symptoms are observed, a TBI may have occurred:

  • Nausea and vomiting
  • Fatigue and lethargy
  • Confusion or dizziness
  • Unexplained mood swings
  • Difficulty with motor control
  • Sudden memory loss

In an ideal situation, an employer or supervisor will insist that an injured worker see an insurance-approved doctor soon after a workplace accident. In doing so, they will help ensure that the worker is given the appropriate care with a minimized chance of lasting consequences.

Compensation for a TBI at Work

Workers’ compensation should provide coverage for an injured worker’s necessary medical treatments after a brain injury. Problems can arise, though, when an insurance company wants to argue about which treatments are necessary and which are elective. Any treatment deemed elective or optional will not be covered, and the cost will fall on the injured worker of the employer if it was their negligence that led to the accident.

A traumatic brain injury is severe and can lead to lifelong complications and conditions. Insurance companies do not want to be liable for the costs associated with such in-depth and lengthy care, as it can reach into seven-figures across the worker’s lifespan. They will likely try to decline payments for any medical treatments beyond the care an injured worker receives initially, even when a doctor diagnoses a TBI that could be incurable.

It is also possible for workers’ compensation to provide wage replacement benefits through disability insurance if the worker is unable to work again due to a brain injury. Partial or total permanent disability payments can get expensive as years and years go by. Again, the insurance company with the duty to provide those payments will probably want to put up a fight and minimize how much is ultimately given to the claimant.

Fight Insurers with an Attorney’s Help

If you want to be properly and fully compensated after suffering a TBI at work, then you might not be able to rely on your employer or their insurer doing the right thing. You might have to file a lawsuit to pursue a fair amount of compensation. At the least, you should consult with an attorney to file and manage your claim.

You can make certain that you are not going into that legal battle alone by teaming up with our Alvandi Law Group in Orange County. We have successfully recovered more than $100 million for our clients in Los Angeles, Orange, Riverside, and San Bernardino Counties. Call (800) 980-6905 today and schedule your free case evaluation with our team – a fair recovery could be just around the corner.