Traumatic brain injuries (TBI) are the most serious head injuries that take place in workplaces and range from mild to severe. They occur when a severe blow to the head takes place from a falling object, a slip and fall accident when the victim strikes his/her head on a hard object when falling or a vehicle accident while driving a truck, van forklift or other work vehicle and an accident takes place. If you have been told by your doctor you have a traumatic brain injury and you may need several weeks or months to recover, you should be entitled to workers’ compensation to cover you for the financial hardship caused by the TBI. There are certain conditions that need to be met before you qualify for WC. Types of TBIs and Their Symptoms The type of TBI will depend on how the blow to the head happened and the commonest TBIs associated with workers’ compensation claims are: Concussion, due to the sudden impact of the head with a damaging object; Contusion, from a severe blow to the head which leads to bruising; coup-contrecoup, when the brain is pushed from one side of the head to the other on severe impact with a hard object; second impact syndrome, which a brain injury that comes about before an earlier TBI has healed; a skull fracture, which is when the bone protecting the brain breaks on impact with a hard object. The sorts of symptoms from a TBI depend on if the injury is mild, moderate or severe. So mild TBI leads to difficulties recalling the cause of the injury, difficulty remembering any new information, headaches, dizziness, vision is blurry, vomiting and nausea, alterations in sleep patterns and emotions and difficultly with speaking clearly. Mild TBI tends to clear up quite quickly while the symptoms of moderate and severe TBI are more pronounced and can be life changing in the worst cases. The sorts of occupations most commonly affected by a TBI are construction workers’ jobs, fire fighters, factory jobs, delivery driver jobs, police work and in the healthcare industry. Calculating a TBI WC Claim If you have been saddled with a TBI at work you should be eligible for workers’ compensation as long as you have followed the correct procedure by informing your work supervisor no more than 24 hours following the TBI. If you are unable to do this you should get one of your family members or a work mate to do it on your behalf. Your WC claim will be calculated to include all your medical treatment, two thirds of your weekly income and if you are permanently partially disabled and you are unlikely to fully recover and return to your usual job the amount of WC will be calculated to include that as well. You may be asked if you want your WC payments to be paid weekly or as a lump sum. Be wary of lump sum offers as your requirements for medical treatment could be more than calculated. The amount you receive will depend on the severity of your TBI but it could run into millions of dollars if you have been left in a vegetative state. Why You Need a WC Attorney for a TBI There is no certainty that you will get the WC you deserve. It is only through the help of a WC attorney negotiating with your employer’s WC insurer that you will get an amount that matches your financial hardship. Additional Resources Brain Damage and Workers Compensation Free Case Evaluation
