In workplace accidents, a traumatic brain injury (TBI) can occur due to sudden external forces. These forces may manifest in two primary forms:

• Closed TBIs. These injuries result from a blow, jolt, or shaking to the head.
• Penetrating TBIs. These occur when an object or skull fragment enters the brain.

TBIs vary in severity from mild (concussions) to moderate and severe, with both physical and psychological effects.

If you’ve experienced a workplace head injury, it’s crucial to understand your legal rights, explore your potential options for compensation, and take the necessary steps to file a successful workers’ compensation claim.

Seeking prompt medical attention and legal advice is essential to ensure your well-being and protect your legal rights.

What is the financial impact of a traumatic brain injury?

The National Safety Council reports that head injuries, on average, account for the most costly long-term workers’ compensation claims. This includes:

• Medical costs: an average of $60,722
• Indemnity costs: an average of $33,563
• Total costs: an average of $94,295

It’s important to note that these figures represent averages, and the actual financial impact can vary depending on the severity of the injury and other factors.

Again, if you or a loved one has suffered a traumatic brain injury in a work accident, it’s crucial to seek legal advice right away.

An attorney can help you understand your rights, navigate the workers’ compensation process, and pursue the compensation you deserve for your injuries and related expenses. Contacting a work accident lawyer experienced in handling brain injury cases can make a meaningful difference in the outcome of your case.

How prevalent are workplace head injuries?

According to the Bureau of Labor Statistics, head injuries made up 5.8% of all nonfatal work injuries in 2020.

Certain industries are more prone to workplace head injuries due to the nature of their work.

For example, the Centers for Disease Control and Prevention reports that 2,210 construction workers died from TBIs on the job. This accounted for 2.6 injuries per 100,000 full-time equivalent workers and 25% of all construction deaths.

These injuries often occur due to slip and falls, accidents with heavy machinery, or being struck by falling objects.

Common head injuries sustained in work accidents

In the workplace, accidents can result in various injuries to the head and brain. Some of the most common work-related head and brain injuries include:

• Concussion and post-concussion syndrome
• Head contusions
• Skull fractures (depressed or compound)
• Coup-contrecoup (multi-side contusions)
• Intracranial hemorrhage (bleeding within the skull)
• Diffuse axonal injury (damage to nerve fibers in the brain)
• Penetrating head injuries (such as injuries from falling objects or sharp tools)
• Anoxic Brain Injuries (oxygen deprivation)
• Recurrent traumatic brain injuries (second impact syndrome)

These injuries can have significant implications for workers’ health and well-being, often requiring prompt medical attention and rehabilitation.

What are the symptoms of a work-related brain injury?

Following head injuries in work accidents, individuals may experience long-lasting consequences, such as:

• Memory loss and other memory problems
• Headaches and migraines
• Dizziness
• Fatigue
• Seizures
• Impaired concentration and cognitive function
• Sensory disturbances (such as vision or hearing problems)
• Mood swings and emotional instability
• Difficulty sleeping or insomnia
• Chronic pain, especially in the head or neck region

These long-lasting consequences can significantly impact a worker’s quality of life and ability to perform their job duties. Seeking appropriate medical care and support is crucial for managing these symptoms and facilitating recovery.

Does workers’ compensation pay for a work-related traumatic brain injury?

Workers’ compensation covers all reasonable and necessary medical treatment for a TBI if the injury occurred during work-related activities. This includes compensation for current and future medical visits, physical therapy, medical equipment, diagnostic tests, and necessary modifications to your home.

If you’re suffering from a work-related TBI, you may also qualify for:

• Temporary total disability benefits if you’re completely unable to work.
• Temporary partial disability benefits if you’re still working but earning less due to your injury.

Additionally, workers’ compensation may provide financial support for vocational rehabilitation services, such as job retraining or job placement assistance, to help you return to work or transition to a different role that accommodates your injury.

It’s essential to consult with an experienced workers’ compensation attorney to ensure you receive the full benefits you’re entitled to under the law. An attorney can advocate on your behalf, navigate the complex workers’ compensation system, and help you pursue the maximum compensation available for your work-related traumatic brain injury.

How do I file a workers’ compensation claim for a traumatic brain injury?

Filing a workers’ compensation claim for a head injury in the workplace can be overwhelming, but it’s required to secure the necessary benefits. To file a workers’ compensation claim in New York, follow these steps:

• Report the injury: Inform your employer about the injury promptly. New York law mandates reporting within 30 days to qualify for benefits from the injury date. Include specific details such as the time, date, and location of the workplace accident that caused your head injury.
• Seek medical attention: Get medical care immediately and inform your doctor that your head injury is work-related. This helps keep medical records consistent with your claim. Initially, you may need to consult a medical provider approved by your employer.
• Initiate the claim process: You must fill out and submit Form C-3 to the New York Workers’ Compensation Board within two years to initiate your workers’ compensation claim. Your employer should report the injury to the board within 10 days of being notified.

Our New York workers’ compensation lawyers can fight for the best possible outcome for your claim

Any error in filing your workers’ compensation claim can result in your benefits getting delayed or denied. That’s why you need an experienced lawyer on your side who can ensure your claim is properly filed and all necessary documents are prepared for trial.

The legal team at Pasternack Tilker Ziegler Walsh Stanton & Romano LLP has over 90 years of combined experience helping injured workers in New York get the compensation they deserve. Our attorneys have a deep understanding of New York workers’ compensation laws and regulations, allowing us to navigate the challenges of your case confidently.

We’ll work with you every step of the way to ensure that you’re treated fairly and advocate for maximum compensation. From gathering evidence and negotiating with insurance companies to representing you in hearings or trials, we’ll provide comprehensive legal support tailored to your unique needs.

To learn more about how we can help you, contact us online or call one of our New York law offices for a free consultation. Don’t wait – let us fight for your rights and help you secure the benefits you’re entitled to under the law.

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