If you or someone you love receives a traumatic brain injury (TBI) while at work, they’re likely entitled to California workers’ compensation benefits. Most of the time, the workers’ compensation system allows injured workers to receive the medical care and compensation they need. Unfortunately, it doesn’t always work this way, especially with head and brain injuries.
These types of workplace injuries are especially complicated due to the severity of the harm, as well as its delayed onset. In many cases, TBI accident victims don’t realize the extent of the neurological damage until years after the accident.
If you’re aware of a head injury, no matter how minor, it’s critical for you to talk to a workers’ compensation attorney. You need to make sure you fully understand your workers’ compensation rights and the benefits you’re eligible to receive. In rare cases, you may be entitled to additional compensation. To learn more about your workers’ compensation rights after a TBI accident at work in Clovis, contact Maison Law today for a free case evaluation and consultation.
Traumatic Head and Brain Injury Symptoms
Over the past few decades, there has been an impressive array of medical advancements. But despite these improvements in medical care, injuries to the brain still remain some of the hardest injuries to treat. The human body can’t repair brain damage like it can a broken bone. And brain transplants aren’t a possibility either.
One of the key factors in treating TBIs as effectively as possible is early treatment. Seeing a doctor as soon as you suffer the injury, no matter how minor, can help prevent more serious debilitating effects on the brain. If you suffer a blow to your head on the job and suffer any of the following symptoms, see a doctor as soon as possible:
- Nausea
- Difficulty speaking
- Dizziness
- Vertigo
- Blurred vision
A head injury can also affect your emotions and mental state. While somewhat harder to detect, noticeable changes in mood and other cognitive symptoms can occur over time following the accident. Some of these symptoms include:
- Depression
- Memory loss
- Mood swings
- Anxiety
- Increased impulsiveness
- Reduced self-control
If left untreated, TBIs can even lead to seizures, loss of feeling in the extremities, and death.
Your Clovis, CA Workers’ Compensation Rights
The California workers’ compensation system is designed to make it easier and faster for employees who get hurt at work to receive medical care and temporary disability benefits (compensation for lost income). The ability to receive these benefits applies regardless of the employee’s level of fault in causing their injury.
In exchange for the speed and ease of workers’ compensation benefits, the employee loses the right to sue their employer for causing the injuries (subject to a few exceptions). Despite this trade-off, many employers actively discourage their employees from filing workers’ compensation claims. This can often take the form of punishing the employee for filing a claim. However, California offers several protections for workers exercising their workers’ compensation rights:
Anti-retaliation Provisions
An employer may not take adverse employment actions against an employee for exercising their workers’ compensation rights, such as filing a claim. Adverse employment actions can include things like:
- Pay cut
- Firing
- Reduced scheduling
- Reassignment to less desired positions or tasks
- Demotion
- Other disciplinary actions, such as a letter of reprimand
California law assumes retaliation exists if the employer terminates the employee within 90 days of the employee filing a workers’ compensation claim.
Legal Recourse for Workers Compensation Violations
If an employer wrongfully terminates an employee for claiming workers’ compensation, or the workers’ compensation claim is improperly denied, then employees can file a complaint with the California Division of Workers’ Compensation. In some cases, legal action may be necessary. In these situations, the employee should consider talking to a workers’ compensation attorney with experience handling cases in California.
Why Should I File a Workers’ Compensation Lawsuit if I Suffer a Traumatic Brain Injury?
In many cases, the workers’ compensation system works as it should. But there are situations where the workers’ compensation insurance company doesn’t offer you the benefits you need and are legally entitled to receive. This might include the following situations:
- Claim denial: If the workers’ compensation insurance company improperly denies your claim, a lawyer can help you appeal the decision and potentially negotiate a settlement on your behalf.
- Insufficient benefits: If your benefits aren’t enough to cover your lost income, medical bills, and other expenses, then an attorney can help you obtain additional benefits you may be entitled to receive.
- Denial of permanent disability designation: The prospect of long-term payments can increase the likelihood of disputes over the level of disability and the amount of compensation.
If any of these situations apply to you and you file suit, rest assured that you’re not suing your employer, but rather, the workers’ compensation insurance company.
What Damages Can I Recover In a TBI Civil Suit?
Many workers’ compensation lawsuits will involve the insurance company as a defendant. But in certain situations, you may be able to go after the third party actually responsible for your injuries. Below is a list of potential damages you may be able to recover in a third-party personal injury lawsuit:
- Past and future medical bills.
- Lost wages, including reduced earning potential as a result of your injuries.
- Expenses incurred to accommodate your injury, like making your home wheelchair accessible or hiring a caretaker.
- Reimbursement for repair or replacement costs due to damaged property.
- Pain and suffering.
- Loss of consortium.
- Disfigurement, scarring, and permanent disability.
- Emotional distress, including anxiety and stress.
Head and Brain Injuries Are Often Preventable
Many workplace injuries are preventable, or at the very least, there are steps that can reduce the severity of any head or brain injuries. One of the easiest and most effective precautions is wearing a hard hat at the job site.
OSHA Hard Hat Safety Requirements for Clovis Employers
Under applicable OSHA law, employers must ensure employees have access to adequate head protection, such as protective helmets. And depending on the risks involved, those helmets must meet certain standards. For most workers, there are three types of hard hats they may need to wear:
- Class C Hard Hat: Lightweight helmet that doesn’t provide protection from electrical hazards.
- Class E Hard Hat: A helmet that provides protection against electrical currents up to 20,000 volts.
- Class G Hard Hat: This helmet offers electrical protection up to 2,200 volts and protection against harder impacts.
If an employer fails to provide required head protection, and you suffer a head injury, you may have additional legal recourse for your injuries. However, you need to talk to a workers’ compensation lawyer to know for sure and how to take advantage of these rights.
Talk to a Brain and Head Injury Lawyer in Clovis
Whether the workers’ compensation insurance company is giving you a runaround, your employer is retaliating against you for filing a claim, or your TBI is the result of someone else’s gross negligence or intentional act, Maison Law can help. Our workers’ compensation attorneys will examine your case and help you understand what you’re entitled to receive under California law and how to obtain those benefits. Get started today by contacting us to schedule a free consultation.
Clovis Brain and Head Injury FAQs
Can I sue my employer if I get hurt at work?
In most cases, you can’t because of the workers’ compensation system. The point of this system is to make it easier for employees to receive medical and related benefits if they get hurt at work. But in return for the ease with which employees receive these benefits, they’re usually prevented from suing their employer.
Exceptions may exist in rare cases of gross negligence, intentional acts, or third-party liability (such as a contractor or equipment manufacturer).
Can I pick my own doctor for medical treatment?
Sometimes it’s possible, but it depends on the situation. In most cases, treatment must come from a medical professional that’s part of your employer’s Medical Provider Network, or MPN. You can choose your own doctor that’s not part of your employer’s MPN in certain situations, such as the workers’ compensation plan allowing you to preselect your medical provider before the injury.
How much time do I have to file a workers’ compensation claim?
The general rule is that you have 30 days to notify your employer of the injury. Your employer’s workers’ compensation insurance company then has 90 days to make a decision regarding your claim. If you miss the 30-day deadline, it can make it much harder to receive workers’ compensation benefits.
