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A traumatic brain injury is one of the most serious injuries you can sustain on the job. As such, workers’ compensation brain injury settlements often entail complex details that can be challenging to navigate.
In situations such as these, it’s important that you are equipped with the right information to make the right decisions. Whether you choose to file a workers’ compensation claim or want to know how a personal injury lawsuit might help you, the attorneys at the Brain Injury Law Center are here to assist you.
What is workers’ compensation?
Workers’ compensation provides monetary support to employees who are injured on the job for related medical expenses and a percentage of their income if the employee’s injuries prevent them from working. In most instances, employers are required to provide workers’ compensation insurance or the equivalent for employees.
What is the difference between workers’ compensation and brain injury settlements?
If you’ve suffered a brain injury on the job, you’ll want to consider whether a workers’ compensation or personal injury lawsuit will better serve your needs.
There are a few key differences you should know:
To clarify, the overarching difference between workers’ compensation and brain injury settlements via personal injury claims is liability. It isn’t always obvious who may be directly or indirectly responsible for your TBI, though an experienced attorney will help determine this.
Understanding the parties involved in your injury will help you decide whether a workers’ comp claim or personal injury lawsuit will better suit your needs.
How do I qualify for a TBI workers’ compensation lawsuit?
For injured employees to receive worker’s compensation for any type of injury, they must have sustained an injury while carrying out their job duties. Those who suffered traumatic brain injuries (TBI) on the job face special challenges in navigating the complicated workers’ compensation system.
For example, policies vary between employers, as do collective bargaining agreements, and so on. An attorney can help you wade through the legalese of your particular employer’s workers’ compensation insurance.
What is an Independent Medical Examination?
The employer’s workers’ compensation insurance company may require you to undergo an Independent Medical Examination (IME). This is a routine examination used by insurance companies to screen for maligning workers and to be certain the treatment given by the patient’s doctor is appropriate and effective.
If the insurance company orders an IME, you must attend or face losing benefits. Those with TBI can easily forget dates, have difficulty driving or misplace medical records needed for the IME. It’s a good idea to have a friend or family member who can help you make your appointments and keep track of your records.
Can I sue my employer for my brain injury?
For the most part, workers’ compensation serves to benefit both the injured employee and the employer; the employee receives (limited) financial support while away from work in exchange for not suing his or her employer.
However, there are special circumstances that allow for an injured employee to sue their place of employment in a personal injury lawsuit. These include:
- If your employer maliciously and physically harmed you. The injury must be clearly intentional and not simply careless or negligent by any stretch. You must provide proof of this in order for your claim to be successful.
- If your employer failed to provide any form of workers’ comp insurance. Only Texas is not required to provide workers comp coverage for employees. You may also sue if your employer’s insurance does not adequately pay for your injury expenses.
In certain situations, you might also be able to bring a personal injury lawsuit against a third party or manufacturer if you were injured by a defective or faulty product.
To find out if you qualify for a workers’ comp claim or personal injury lawsuit, it’s best to speak with a lawyer who is familiar with both topics. At the Brain Injury Law Center, we represent clients in both capacities. Contact us today to speak with a lawyer at no charge.
What should I do if I suffer a brain injury while on the job?
If you are injured at work in any way, you should notify your employer immediately. Brain injuries are unpredictable. What seems like a mild bump on the head today can become a major problem in the future. The first step to protecting your rights is reporting the injury.
What is the cost of treatment for a workers’ comp brain injury?
People who suffer from severe TBI often incur astronomic costs in order to recover, including lengthy hospital stays that are frequently longer than a week, extensive rehabilitation costs, medication costs, and at times a personal caregiver or nurse and vocational re-training.
The total cost of a serious brain injury can exceed six figures in the first year. Your physician will provide a diagnosis and document your potential for recovery and the expected course of treatment.
In the majority of workers’ compensation claims, the cost of damages from a brain injury will far exceed what workers’ compensation insurance covers. In these types of cases, it’s best to speak with an attorney about filing a personal injury lawsuit. There is no limit to the amount of financial recompense you can receive through a personal injury settlement.
What’s the average workers’ comp settlement for a brain injury?
Put simply, there isn’t an accurate average settlement amount for workers’ comp brain injury cases. This is due to the fact that each case value will vary based on a number of factors, including:
- Injuries
- Medical bills
- Loss of income or earning capacity
- Emotional pain & suffering
While you should be wary of any law firm that promises a specific settlement outcome, you can rest assured that the attorneys at the Brain Injury Law Center build upon a well-established and successful track record that proves decades of experience in brain injury law.
Our attorneys helped secure $3.2 million dollars for a man who was injured in a truck wreck at a job site. This was well beyond what the employer could offer under workers’ comp insurance.
What if I was denied workers’ comp for my brain injury?
Because insurance companies must be suspect of every workers’ compensation claim, you may find it difficult to secure compensation for your injuries despite having a valid claim. Even if your physician documents your disability, the IME doctor may offer a differing opinion.
If you are denied treatment or disability payments from your workers’ compensation insurer, it’s easy to get frustrated. This is a great time to call an experienced attorney who understands both workers’ compensation and brain injury settlements.
Talk to a Lawyer About Brain Injury Compensation Claims
If you were seriously injured at work and suffer from TBI, do not hesitate to contact our office for help. We can make sure you have all of the appropriate paperwork, forms, and medical records, minimizing problems with your workers’ compensation claim. We will also advocate for you with the insurance company, making sure you receive all of the compensation to which you are entitled.
With over a billion won for injured Americans across 70+ years of legal service, The Brain Injury Law Center operates on a strong foundation of experience in workers' compensation and brain injury settlements. Learn about how we can help your family heal from a work injury by calling us for a no-obligation consultation today at (757) 244-7000.
