Maison Law represents victims of brain and head injuries (TBI) while on the job in Clovis. If you or a loved one is involved in a workers’ compensation claim for a head injury, Maison Law can manage your claim and help you get the compensation you need. TBIs are exceptionally dangerous injuries because most accident victims are unaware they’ve injured their neurological system until they begin showing symptoms years after the accident.
So, even if you’re not showing symptoms, it is highly recommended to consult with an attorney after a work-related head injury to better understand your legal options. For more information, contact Maison Law today for a free consultation and case evaluation.
How a TBI Workers’ Compensation Lawyer Can Help
If you are receiving workers’ compensation for a work-related head injury in Clovis, it is recommended to speak with a workers’ compensation attorney to 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.
However, not all workers’ compensation companies provide proper care to injured employees. If workers’ compensation has under-compensated you, provided you with inadequate care, or terminated your treatment or compensation too soon, an attorney can file a lawsuit against them to ensure you are protected from additional burdens. An attorney can also file a lawsuit against the party responsible for your injuries to get you compensation for your medical care, lost wages, and disability, as well as pain and suffering.
That’s where Maison Law can help. If you’ve found yourself in this unfortunate situation, please do not hesitate to contact to us today as we can connect you with our medical experts and provide you with legal guidance.
Get a Free Consultation
Maison Law offers a free consultation to all injured victims in California. Our Workers’ Compensation Attorneys are here to discuss the details of your incident at no cost to you and evaluate if you have an injury claim and the next steps you should take. Everything you discuss with us is protected under attorney-client privilege, even if you decide not to take legal action. For more information, contact us today for a no-cost, no-obligation consultation.
Damages You Can Claim for a Brain & Head Work Injury
If you’ve suffered a brain and head injury at work in Clovis, it is essential to consult with a Workers’ Compensation Attorney at Maison Law. Our firm will help you manage your workers’ compensation claim and ensure you are receiving everything you are entitled to under California law. With our legal services, you’ll be able to focus on recovery instead of worrying about your financial future.
For example, if workers’ compensation has under-compensated you, provided you with inadequate care, or terminated your treatment or compensation too soon, our attorneys will file a lawsuit against them to hold them responsible for compensating you. Also, in certain cases, we may file a lawsuit against the party responsible for your injuries and get you additional compensation 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, 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
Reasons for Filing a Worker’s Compensation Lawsuit
Worker’s compensation claims are complicated because they entail filing a lawsuit against your employer’s insurance. Contrary to what most people believe, filing a lawsuit against worker’s compensation does not affect your employer. Workers’ compensation is a separate entity, and you can file a lawsuit against them if you feel you’ve been mistreated or discriminated against in any way. Reasons for filing a lawsuit against workers’ compensation include:
- Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
- Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
Your Rights While on Workers’ Comp in Clovis
The state of California recognizes the importance of protecting employees who sustain work-related injuries. Workers’ compensation is designed to provide crucial benefits to injured victims, ensuring they receive medical treatment, compensation for lost wages, and assistance in returning to the workforce. These benefits serve as a foundation of labor rights in the state of California. California also provides injured workers with:
- Protection from Retaliation: protection from retaliation is an essential right that prevents employers from taking adverse actions against employees for the sole reason of filing a workers’ compensation claim. Injured employees are also protected from the following employer actions:
- Termination
- Reduction of work hours
- Demotion
- Punitive measures
- Presumption of Retaliation: if an employer terminates an employee within 90 days of the employee filing a workers’ compensation claim, the employee is protected under the California Law of presumption of retaliation.
- Legal Recourse: wrongful termination while on workers’ compensation requires prompt action by the injured employee to ensure their rights are protected. A workers’ compensation attorney can provide valuable legal guidance and advocate on your behalf by gathering evidence to support your claim and represent your interests in legal proceedings.
- The Ability to Seek Redress: to seek redress for wrongfully denied claims or premature termination, injured workers can submit their claim to California’s Division of Worker’s Compensation. This department provides injured employees with the proper steps to resolve workers’ compensation issues under California Law.
Clovis Employer Brain & Head Injury (TBI) Safety Responsibility Under OSHA Law
According to OSHA, 20% of all workplace head injuries occur due to slipping, tripping, or falling. Oftentimes, these head injuries occur due to a violation of OSHA regulations. In California, you have the right to request an OSHA inspection without the fear of employer discrimination. Your employer is responsible for providing a safe working environment, meaning they are tasked with adhering to all the regulations that govern the company’s trade. Under OSHA law, your employer is responsible for the following:
- Providing a safe working environment, meaning they are tasked with adhering to all the regulations that govern the company’s work. An example would be a construction site. The owner would have the duty to follow all safety regulations relating to construction.
- Provide daily inspections on equipment and sections of the workplace that are prone to hazardous conditions to make sure they adhere to OSHA standards.
- Provide all employees with safety information. The employer should hang OSHA posters, labels, and other safety signs so that all employees have access to the information.
- Your employer needs to provide training so that employees can handle the daily tasks and are knowledgeable about how to deal with hazardous situations.
OSHA Hard Hat Law to Prevent Work-Related Head Injuries
In addition to safety regulations and training, employers must ensure all employees are wearing hard hats while working in hazardous environments. Under OSHA law, there are three types of hard hats:
- Class C Hard Hat: a lightweight helmet, which does not protect from electrical hazards
- Class E Hard Hat: this is considered an electrical helmet, which can protect a person’s head from any electrical current up to 20,000 volts
- Class G Hard Hat: this helmet protects against heavier and provides electrical protection up to 2,200 volts
Failure to follow any of these safety measures is a liability issue and can directly lead to a serious TBI. If you believe your TBI was caused by an act of carelessness such as an OSHA violation, it is essential you speak with a Workers’ Compensation Attorney at Maison Law. Depending on the details of the incident, our attorneys can file a personal injury lawsuit in addition to a workers’ compensation lawsuit on your behalf to ensure you get the compensation you need.
Symptoms of Traumatic Head Injuries
A blow to the head will usually lead to a traumatic brain injury (TBI). TBIs are extremely serious injuries, as even a mild TBI can result in neurological complications. Some complications caused by mild TBIs include:
- Concussions
- Vertigo
- Blurred vision
- Dizziness
- Speech problems
- Nausea
Head injuries can also affect a person’s mental state. In some cases, a person’s mood can change for months, or even years. Some cognitive effects from head injuries include:
- Depression
- Anxiety
- Memory loss
- Emotional mood swings
More severe head injuries can result in permanent internal brain damage. If left untreated, a serious TBI can lead to loss of feeling in extremities, seizures, or death. For these reasons, it is essential to seek medical treatment the moment you suffer a head injury, even if it is mild. Immediate medical care can be the difference in preventing permanent debilitating effects on your brain after suffering a head injury.
FAQ
Can I sue my employer for a work injury?
Generally, no. Workers’ compensation is the exclusive remedy against your employer. However, in rare cases involving gross negligence, intentional harm, or third-party liability (e.g., a defective machine or negligent contractor), additional claims may be possible.
How long do I have to file a claim?
You must report the injury to your employer within 30 days. The insurance company then has up to 90 days to accept or deny the claim. Missing deadlines can jeopardize your benefits, so early legal guidance is important.
Can I choose my own doctor for treatment?
In most cases, treatment must come from a doctor within your employer’s Medical Provider Network (MPN). However, you may be able to see your personal physician if you properly predesignated them before the injury, or in certain other situations. We can help you understand your options and fight for appropriate care.
Contact a Clovis Brain & Head Injury (TBI) Workers’ Compensation Lawyer in Clovis
If you or a loved one has had their benefits terminated too early or been under-compensated by worker’s compensation after a brain and head injury, the attorneys at Maison Law can get you the legal help you need. Whether you’ve suffered permanent injuries or have been denied medical treatment through worker’s compensation, our firm is prepared to exercise the full extent of the law to get you your benefits promptly and successfully.
For legal counsel concerning your workers’ compensation claim, contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services, and you will not be charge a cent unless we win your case.
