Orange County Workplace Brain Injury Attorney
Traumatic Brain Injury in the Workplace
Traumatic brain injuries occur when an individual experiences a violent blow to the body or head from an external force. This is different from a head injury, as it involves internal damage to the brain. Because the brain controls the thoughts, emotions, and even physical capabilities, traumatic injuries can alter an individual's demeanor, ability to perform everyday functions, and even capacity to work and earn a living.
Traumatic brain damage can occur due to burst blood vessels or concussions. It can also occur in the aftermath of initial trauma due to lack of blood flow, which is often more dangerous and capable of causing more fatalities.
Where do Brain Injuries Occur?
Traumatic brain injuries can occur on the work site, especially in industries that involve a significant amount of physical work and heavy machinery, such as the construction industry. If you or a loved one has suffered brain trauma due to a workplace accident, it is crucial to seek immediate medical attention, as the situation may be life-threatening.
When your medical needs have been attended to, hiring a well-informed Orange County workers comp lawyer is vital for obtaining fair and adequate monetary compensation.
Symptoms of a Traumatic Brain Injury
Brain injuries can lead to extensive and non-reversible brain damage that severely affects both victims and families for the rest of their lives.
Some common symptoms of brain injury include:
- Abnormal fatigue
- Changes in personality
Common Effects of TBI
A TBI can result in varying levels of debilitation depending on the specific area of the brain that is affected. People afflicted with severe TBIs often cannot fully recover from their injuries, requiring round-the-clock care after their accident. While some function can be restored over time with extensive therapy, returning to a fully functioning state is often impossible.
TBIs can cause any combination of the following permanent effects:
- Reduced cognitive function
- Limited sensory processing
- Loss of communication skills
- Personality changes
In some cases, TBIs can cause victims to fall into a coma or perpetually vegetative state. Despite modern advancements in medical technology, no cure has been discovered to repair damaged brain tissue. If you or a loved one have been affected with a TBI, it is imperative that you contact a highly knowledgeable workers’ compensation lawyer from our firm to seek fair and adequate monetary compensation.
What Compensation Can I Recover?
Due to the severely debilitating nature of TBIs, those who are afflicted are almost always unable to return to work after their accident. Under California law, those who suffer TBIs as a result of workplace accidents can seek disability benefits under their employer’s workers’ compensation insurance. These benefits can cover a wide range of losses related to on-the-job injuries and will vary in amount depending on the extent of a person’s injuries.
Compensation can be awarded for the following:
- Medical expenses
- Lost income
- Pain and suffering
Disability Insurance for Workers with Brain Injuries
Most brain injuries result in permanent injuries and symptoms, as mentioned. You could be limited in your ability to hold gainful employment for the rest of your life because of one workplace accident. If you suffered a brain injury at work, you should consider workers’ compensation benefits and disability benefits that might become available to you later.
Workers’ compensation benefits will only last so long before they expire, or your benefits reach a cap. At that point, you might be able to utilize disability insurance (DI) benefits that help you remain financially stable for years to come.
A few things to consider about disability insurance for work-related brain injuries:
- In most cases, a claimant cannot receive benefits from disability insurance and workers’ compensation at the same time. Usually, workers’ compensation benefits are used up before moving to disability insurance, but not always.
- The physician who has diagnosed your brain injury can also help determine if it was related to your workplace accident. Be sure to ask them to note in your medical records if they think this causation exists.
- Disability insurance can be provided by the same insurance company that provides your workers’ compensation coverage and benefits. Or you might end up using a separate disability insurance coverage unrelated to that company, such as those provided through the Social Security Administration (SSA).
- DI benefits only last 52 weeks or one year unless your brain injury causes a predictably permanent disability like it probably will. Medical evidence of your disability can extend DI benefits to up to 10 years, or until you reach the age of retirement.
- If you receive Social Security Disability (SSD) benefits until you are 65, you can then qualify for Social Security retirement benefits to continue getting much-needed financial support.
Our attorneys focus on the workers’ compensation aspects of brain injury claims, but it is important that you understand how disability insurance might become relevant to your claim, too. We would be happy to help you however we can.
You Only Pay After We Win: Call (800) 980-6905
Our team of Orange County workers' comp attorneys at Alvandi Law Group, P.C. understand how important it is for you to be able to support yourself and your family through this difficult time. We also know that many families struggle to pay the bills when a family member is injured. This is why we only charge you after we win your case. If we don't win, then you don't pay us.
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