ByTraumatic brain injuries or TBIs can be fatal. If you have sustained a TBI in a workplace accident, you may be eligible for worker’s compensation benefits. A workers compensation lawyer Norfolk can help you get the maximum compensation you need. They can assess your case to determine your entitlement to compensation.
What are Traumatic Brain Injuries?
TBIs are a type of brain damage caused by an external physical force. They can develop due to a direct blow to the head, violent head shaking or spinning, and skull penetration by a foreign object. Symptoms of a TBI include dizziness, memory loss, headaches, and confusion. The following are common causes of a TBI:
- Falls. You can suffer a TBI after falling from a ladder, rooftop, or scaffold.
- Struck against or by an object. If falling debris, vehicles, or tools hit your head, you can develop a TBI at work.
- Workplace violence. A blow to the head can result from physical assaults or altercations, leading to a TBI.
- Motor vehicle accidents. Accidents that involve a truck, car, or forklift can involve head trauma.
Electricians, construction workers, police officers, truck drivers, healthcare workers, and firefighters are at risk of suffering from a TBI in their workplace. But any worker in any industry can claim compensation for a head injury sustained on the job.
Workers’ Compensation and TBI
Under state law, workers who suffer work-related injuries or illnesses are entitled to cash benefits, vocational rehabilitation services, and medical care. To qualify for such benefits following a TBI, you need to demonstrate that you sustained a TBI and the injury happened in the course of your employment.
As long as the injury resulted from a workplace accident you may be entitled to compensation. Also, keep in mind that you don’t need to prove the fault or negligence of your employer to get benefits. However, a TBI won’t qualify for benefits if it stems from horseplay, intoxication, and self-infliction.
What to Expect from the Claim Process
To pursue a workers’ compensation claim for a TBI, you should take the steps below:
- Report the injury. Submit a written report to your employer about the workplace accident and your injury. Make sure to seek medical treatment right after the incident. You can notify your employer within thirty days of the accident. However, it’s best to report as soon as possible to build a solid case.
- Collect evidence. Document the workplace accident by collecting medical records, witness statements, accident reports, and photographic evidence.
- File a claim. A formal claim should be submitted to the Workers’ Compensation Commission in Virginia. You have two years from the accident or injury date to file.
- Wait for the initial decision. Once the insurance company gets notified of your injury, it will investigate your claim and decide whether to accept or deny it.
- Manage treatment. If your claim is approved, you can use your benefits to pay for your neurology care, medical tests, and rehabilitation.
- Return to work. Once your treating doctor gives you the green light, you can go back to work with the reasonable accommodation you might need.
- Seek a settlement. After you reach maximum medical improvement, you can negotiate a full claim settlement for impairment benefits or permanent disability benefits owed.
TBI claims can be complex. It is important to have a skilled workers’ comp attorney on your side as you navigate this process. The lawyer knows how devasting a TBI can be for you and your family. They offer compassionate counsel and can advocate for your rights. They will ensure you get the full benefits you deserve, covering all the damages you have suffered.
