Maison Law represents victims of work-related head injuries (TBI) in California. If you or a loved one is involved in a workers’ compensation claim for a head injury, the workers’ compensation attorneys at Maison Law can help you get the maximum amount of compensation for your damages. Contact Maison Law today for a free consultation and case evaluation.
Do I Need a Head Injuries (TBI) Workers’ Compensation Lawyer?
If you are receiving workers’ compensation for a work-related head injury, 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 pain and suffering.
Reasons for Filing a Worker’s Compensation Claim
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. Worker’s 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 worker’s 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.
Employer 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.
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
A 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 to protect your right to fair compensation.
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
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 Head Injuries (TBI) Workers’ Compensation Lawyer in California
It is recommended to speak to a lawyer as soon as you suffer a work-related head injury. Maison Law specializes in the complex legal process of workers’ compensation claims. Our firm will build a strong claim on your behalf and file a lawsuit against workers’ compensation, as well as the liable party’s insurance. For expert legal counsel, 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.
