Maison Law represents the workers in Bakersfield who have suffered a brain and head injury (TBI) while on the job. One of the most life-altering injuries a worker can experience is a traumatic brain injury (TBI). TBIs have long-lasting implications, affecting a person’s physical, cognitive, and emotional well-being. While workers’ comp can help, it may not be enough to cover your losses. To maximize your workers’ compensation benefits, contact Maison Law to discuss your legal options with a dedicated Workers’ Compensation Attorney.
What is a Traumatic Brain Injury?
A TBI is an injury to the brain that impacts its functionality due to increased swelling and expansion of the brain within the skull. TBIs are most often caused by a hit, an unexpected blow, or a forceful bump that jolts a person’s head, causing the brain to rattle. More severe TBIs involve an object piercing a person’s skull and harming the brain. However, those are less common and the majority of TBIs occur without the skull being penetrated. The types and grades of TBIs include:
- Mild TBI/Concussion: concussions are the most common type of TBI, making ¾ of all TBIs in the United States according to Virginian Rehabilitation and Wellness. These typically result from a brief loss of consciousness, which causes a person to feel confused for about a day at the most.
- Moderate TBI: loss of consciousness for more than 30 minutes, resulting in confusion for the victim for up to one week.
- Severe TBI: loss of consciousness for over 1 day with observable changes to the brain through a CT scan or MRI.
Workers’ Compensation Benefits for Brain and Head Injuries (TBI)
Workers’ compensation is designed to provide financial support and medical benefits to employees who suffer job-related TBIs. California’s workers’ compensation operates under a no-fault system, meaning injured workers are entitled to recover benefits regardless of whether they were found at fault for their injury. Workers who have sustained a traumatic brain injury are typically eligible for the following workers’ compensation benefits:
- Medical expenses: coverage for medical care, which includes hospital treatment, surgery, prescription drugs, and orthopedic supplies
- Mileage reimbursement: reimbursement for travel to and from doctor visits and pharmacies
- Lifetime medical care: severe injuries sustained at work can result in treatment for the rest of one’s, or for the duration of the injury.
- Temporary disability: temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. This is paid by filing a workers’ compensation claim through your employer.
- Permanent disability: awarded to injured workers who are permanently unable to perform the normal work or activities they were capable of doing prior to the date of the injury. Monetary amounts for permanent disability vary on a case-by-case basis.
- Death benefits: help families replace lost income if an employee dies from a work-related accident or illness
Do I Need a Bakersfield Brain & Head Injury (TBI) Workers’ Compensation Lawyer?
If you are receiving workers’ compensation for a work-related brain and head injury, a Bakersfield Workers’ Compensation Lawyer can ensure you are receiving everything you are entitled to under California law. Under California Labor Code Section 3700, employers are required to provide employees with workers’ compensation. If your employer is uninsured or providing inadequate workers’ compensation coverage, an attorney can help. In addition to filing a lawsuit against workers’ compensation, an attorney will also file a lawsuit against the party responsible for causing your burn injuries. Liable parties can include:
- Your employer
- Co-worker
- Parts manufacturer
- Property owner
- Government entity
Workers’ compensation provides a base coverage for your injury, but it does not cover the mental and physical damages you’ve had to endure due to your injuries. An attorney will file a personal injury lawsuit in addition to your workers’ compensation claim for the following damages:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your work-related accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
- Loss of ability to enjoy life
- Loss of companionship or consortium
- Scarring, disfigurement, and permanent physical disability
Navigating the Process of a Bakersfield Brain & Head Injury (TBI) Workers’ Compensation Claim
Filing a workers’ compensation claim for a traumatic brain injury can be a complex process. Oftentimes, injured victims would like to get the process over with, so they can get back to their normal lives. However, it will only stand to benefit you if you take these necessary steps:
- Report the injury: Make sure your supervisor or someone in management knows about your injury and fill out a workers’ compensation claim form. Your employer is obligated to give or mail you a Workers’ Compensation Claim Form (DWC 1) within one working day after you report your injury.
- Seek medical attention: it is essential to get immediate medical care after a TBI. Once your workers’ comp claim is filed, it is recommended to seek out treatment from a doctor who understands your particular type of injury. The doctor you choose will be known as your “primary treating physician” throughout the workers’ compensation process.
- Document everything: keep a detailed record of your medical appointments, diagnoses, treatment plans, and all expenses related to your TBI. These documents will help make the claims process easier and will support your case if you choose to take legal action.
- Consult with an attorney: it is advisable to consult with an experienced Workers’ Compensation Attorney. Maison Law specializes in protecting injured workers through the claims process and maximizing their benefits.
FAQ
Q: What benefits am I entitled to through workers’ compensation?
A: Medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and death benefits.
Q: Can my employer take part of my check to pay for workers’ compensation?
A: No. Workers’ compensation insurance is part of the cost of doing business in California. An employer cannot ask you to help pay for the insurance premium.
Q: Is there supposed to be a poster about workers’ compensation posted in my workplace?
A: Yes. Your employer must post the notice to employees poster. This poster will provide you with information on workers’ compensation coverage and where to get medical care for injuries. Failure to post this notice is a misdemeanor with a penalty of up to $7,000 per violation.
Q: What if I am injured on the job and my employer is uninsured?
A: If you have a work-related injury or illness and your employer is uninsured, then your employer is responsible for paying all bills related to your injury or illness. Failing to have workers’ compensation coverage is a misdemeanor, punishable by either a fine of up to $10,000 or imprisonment for up to a year.
Contact a Bakersfield Brain & Head Injury (TBI) Workers’ Compensation Lawyer
At Maison Law, we are dedicated to fighting for the rights of workers with traumatic brain injuries in Bakersfield and helping them navigate the complex workers’ compensation system. Our team is committed to providing you with guidance, expert representation, and legal support to obtain the compensation you need. Contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and you will not have to pay a cent unless we win your case.
