Traumatic Brain Injury

Traumatic Brain Injury Lawyers in Workers’ Compensation Claims

In the United States, approximately 1.7 million people suffer a traumatic brain injury (TBI) each year. Many of these traumatic brain injuries occur in the workplace. Traumatic brain injuries can be invisible to others but make returning to work extremely challenging. Memory loss, the inability to concentrate, constant headaches, functional deficits, depression, anxiety, and other symptoms may be present. If you have suffered a traumatic brain injury at work, you may need exceptional doctors and intensive evaluations to be able to return to everyday life as soon as possible.

The Brain Injury Society has identified specific industries as high risk for workplace TBIs:

• Construction
• Transportation
• Agriculture
• Forestry
• Fishing
• Emergency Medical Services

Traumatic brain injuries are not limited to these areas. They can happen in any workplace. Slipping and falling on wet or uneven surfaces is one of the most common causes of workplace TBIs.

How Can Our Traumatic Brain Injury Lawyers Can Help

A traumatic brain injury lawyer who represents NC workers’ compensation clients can concentrate on the medical treatment that is necessary to help you. You may need to see neuropsychiatrists or neurologists to determine what treatment is best, or you may need therapy from a psychologist. It would help if you had a specialist in NC workers’ compensation law working to get the treatment you deserve. Attorney Valerie Johnson is a board-certified specialist in workers’ compensation. She is highly experienced in workers’ compensation. She is also the author of North Carolina Workers’ Compensation Law: A Practical Guide to Success at Every Stage of a Claim, which is available for free download on our website.

How Do I File a Workers’ Compensation Claim for a TBI

If you have suffered a brain injury at work, you may be able to file a workers’ comp claim. In North Carolina, employers are generally required to purchase workers’ compensation insurance. The workers’ comp system is no-fault, meaning you do not have to prove that your employer did something wrong (such as failing to provide fall protection) to recover from a workplace accident.

A North Carolina injury lawyer can help you file a claim for workers’ compensation if you have been hurt at work. You may be eligible for benefits through the insurance company, including medical treatment and disability benefits (permanent or temporary and partial or total). Your attorney can also help to negotiate a favorable settlement with your employer’s insurer.

Workers’ comp claims are handled through the North Carolina Industrial Commission. If you dispute some aspect of your claim, you may file an appeal with the Industrial Commission. Initial workers’ compensation claims must be filed with the Industrial Commission for an injured worker to qualify for benefits.

A workers’ compensation claim is considered an exclusive remedy under North Carolina law. In other words, you cannot file a personal injury lawsuit against your employer for a workplace injury. However, if a third party was responsible for your accident, you may be able to file a personal injury claim against that party.

For example, if you fell from a defective ladder, you may be able to file a lawsuit against the manufacturer, retailer, or distributor of the ladder. A North Carolina personal injury attorney can help you with this process and fight for your right to damages to cover medical bills, lost wages, pain and suffering, and other expenses.

Who Is at Risk for a Head Injury at Work?

Traumatic brain injuries can happen in almost any workplace. Falls are the leading cause of brain injuries in the United States, responsible for 48% of all emergency department visits for head injuries. However, specific worksites present a higher danger of a TBI.

According to the National Institute for Occupational Safety and Health (NIOSH), the construction industry has the highest rate of both fatal and non-fatal work-related brain injuries. These accidents are often linked to falls from heights, such as from ladders, scaffolding, and roofs.

Beyond construction, other industries present the danger of TBIs for their workers. The agriculture, forestry, fishing, and emergency medical services fields are all at high risk for head injuries, including TBIs and concussions. These injuries may occur after a worker is struck by an object or even in a car accident. 

What treatment and resources are available to individuals who have suffered a traumatic brain injury in the workplace?

The North Carolina Industrial Commission lists “first steps” if you have been injured at work. We recommend contacting us immediately; our highly experienced brain injury attorneys can guide you through filing a workers’ compensation claim and a lawsuit if needed.

Traumatic brain injury workers’ compensation cases handled by our attorneys:

• A manager who suffered a traumatic brain injury and was unable to keep her job when the pace of her work did not fit with her abilities.
• A truck driver who was not able to return to work but who was accused of working and lost his benefits when he visited a job site to see his friends.
• A worker who suffered through months of surveillance was sent to multiple doctors because the employer disagreed with the treating doctor’s diagnosis of traumatic brain injury.
• A factory worker who required inpatient treatment to relearn basic life skills after a falling object struck her.
• A mental patient attacked a state worker and was unable to keep working because of headaches and loss of concentration.
• The family of a police officer who committed suicide following a traumatic brain injury.

Be sure to get in touch with our brain injury lawyers immediately if you or your family member has experienced a brain injury while on the job. 

We can help you get the medical help you need and navigate the legal system. It would help if you got a medical evaluation as soon as possible. It is also essential to act quickly in pursuing your legal claims because legal deadlines may prevent you from filing a workers’ compensation claim and a lawsuit if you wait too long. Our traumatic brain injury attorneys will help you and your loved one obtain compensation and rebuild your lives.