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Salinas Brain & Head Injury (TBI) Workers’ Compensation Lawyer

Maison Law represents the workers in Salinas 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.

Don’t wait to get the help you need after a work-related brain and head injury in Salinas. Contact Maison Law today for a free consultation and case evaluation.

How Maison Law Helps Brain & Head Injury Workers in Salinas

According to the Center for Disease Control, there were approximately 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021. While these statistics can be shocking, the unfortunate truth is that hundreds of families in Salinas are financially and emotionally affected due to a loved one suffering a brain and head injury at work. In certain cases, workers suffering from a TBI are unable to return to work, or their workers’ compensation benefits are inadequate. This is common with head injuries, as TBI symptoms are far more severe than other injuries.

For these reasons, 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:

  • 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 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 workers’ 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 workers’ 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 California

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.

What if I am Terminated Before I File a Workers’ Compensation Claim?

In the unfortunate event that you are let go from your job, but realize you have suffered a work-related injury, you can still file a workers’ compensation claim. In order to do this, you will have to show:

  1. The employer was aware of your injury prior to the termination
  2. There are medical records prior to the layoff that show evidence of an injury
  3. The injury took place after you were notified you would be let go but before your last day of work
  4. The injury occurred over time, and you did not suffer any effect until after you were notified you would be terminated

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.

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.

Contact Maison Law | Salinas Brain & Head Injury Workers’ Compensation Lawyers

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 in Salinas. Head injuries are very serious conditions, and victims of TBIs deserve to recover the full extent of their damages through all available avenues. 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.