Maison Law advocates on behalf of workers suffering from a brain and head injury (TBI) in Madera. If you or a loved one has suffered a traumatic brain injury (TBI), Maison Law can manage your claim to ensure you are fully compensated for all current and future damages you may be forced to endure. Most injured victims believe there is no other recourse than workers’ compensation to recover damages, but that is not always the case, and our law firm is here to help.
Contact Maison Law for a free consultation today and see what legal options are available for your work-related head injury.
Do I Need a Lawyer to Receive Brain & Head Injury Workers’ Compensation?
To begin receiving workers’ compensation benefits, you do not need a lawyer, but an attorney can greatly benefit your workers’ compensation claim. For example, 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 receive everything you’re entitled to.
At Maison Law, we not only pursue damages against workers’ compensation, but through the liable party as well. With our representation, we’ll ensure you’re compensated for the following:
- 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 a 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
Madera 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 means 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.
Additional Safety Requirements by Madera Employers
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 impacts 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 Lawyer to protect your right to fair compensation.
Types and Grades of Traumatic Brain Injuries (TBIs)
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.
TBIs come in all shapes and sizes, depending on the severity of the accident. 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.
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.
FAQs
Q: How much are TBIs worth?
A: Depending on the details of the injury, TBIs can be worth anywhere from thousands of dollars to millions. Every circumstance is different, and certain factors can bring value to the case or reduce what a case is worth.
Q: What is a 40% TBI Rating?
A: Every TBI receives a percentage ranking. A TBI ranking reveals the impact a TBI will have on an injured victim’s life. A 40% ranking means your TBI will have an effect on your daily life and hinder your work performance, along with your social life.
Q: What causes a TBI?
A: TBIs can result from any sort of sudden and aggressive trauma to the brain. Typical causes include car accidents, explosions, sports injuries, or combat injuries.
Q: Do I have to be “knocked out” to have a TBI?
A: No, people can have a negative change in brain function without being “knocked out.”
Q: Who is affected by TBI?
A: According to the Brain Trauma Foundation, the most affected individuals of TBIs are the youth and elderly people who experience serious falls. 28% of all TBIs result from falls.
Contact Maison Law | Madera Brain & Head Injury (TBI) Workers’ Compensation Lawyer
It is recommended to speak to a lawyer as soon as you suffer a work-related brain and head injury. Maison Law specializes in the complex legal process of workers’ compensation claims and representing workers suffering from serious head injuries. Our firm will file a lawsuit against workers’ compensation and the liable party to ensure you are compensated for all your physical, emotional, and financial damages. For expert legal counsel in workers’ compensation cases, contact Maison Law today for a free consultation and case evaluation.
