Since the brain is one of the most important yet delicate parts of the body, head or brain trauma can result in devastating injury. While employees are entitled to workers’ compensation to offset medical expenses and lost income, this compensation can be woefully insufficient when it comes to helping employees and their families deal with major expenses related to a workplace injury.
At Schaffer & Associates LPA, our attorneys provide professional and compassionate legal guidance to hard-working individuals who have experienced a work-related brain injury. With the right legal strategy in place, it is possible to secure full and fair workers’ compensation. To discuss your next steps, consider scheduling a free initial consultation with our team by calling (419) 350-8277 today.
How Do Brain Injuries at Work Happen?
Traumatic brain injuries happen when a sudden trauma damages the brain. These types of injuries are among the most common causes of disability and death in adults. A recent study states that approximately 1 in 4 mild brain injuries occur in the workplace, often resulting in productivity loss, financial burden, and occupational disability.
Brain injuries can happen in any workplace, but some workers face an increased risk of these injuries due to the nature of their jobs. For instance, individuals who work in construction, freight trucking, services to buildings and dwellings, and the armed forces experience brain injuries at a higher rate than other occupations. Oftentimes, these injuries occur due to:
- Slips, trips, and falls—Wet floors and cluttered areas can cause a worker to slip or trip. Similarly, workers who must climb on ladders, roofs, or scaffolding face the risk of falling from heights. Even seemingly safe workplaces, such as retail stores, may pose a risk of falling if employees are required to climb ladders to stock products.
- Being struck by objects—Unstable items may fall and strike workers standing below, causing head injuries. In other situations, projectile objects may strike workers who are involved in an explosion or blast.
- Motor vehicle accidents—Car crashes may cause sudden damage to the brain due to a sudden jolt or blow to the head.
- Operating machinery and heavy equipment—Workers who operate heavy machinery face an increased risk of experiencing a brain injury while on the job.
What Types of Brain Injuries Can Happen at Work?
Brain injury is a broad term that includes a wide array of injuries to the head, skull, scalp, and brain tissues. Schaffer & Associates has years of experience navigating even the most severe work-related brain injury cases. Some of the most common types of brain injuries that we have successfully obtained compensation for include:
- Concussion and post-concussion syndrome
- Fracture
- Intracranial hematoma
- Hemorrhage
- Encephalitis
- Carbon monoxide poisoning
- Hypoxic and anoxic brain injury
- Subsequent anxiety or depression
- Traumatic brain injury
While some brain injuries are mild, with symptoms diminishing quickly after seeking medical treatment, other injuries are more severe and can cause permanent disability. In some cases, the long-term effects of a brain injury may necessitate lifelong rehabilitative care.
What Are the Signs and Symptoms of Brain Injuries?
An individual may experience varying degrees of symptoms based on the nature and severity of their injury. Mild brain injuries may cause swelling, headache, nausea, issues with balance, blurred vision, and ringing in the ears. These symptoms may subside within a few hours or days. Moderate to severe brain injuries, on the other hand, may result in loss of consciousness, persistent headaches, slurred speech, seizures, or open wounds in the head.
What to Do if You Have a Brain Injury From Work?
If you sustain a head or brain injury at work, it is critical that you seek medical attention as soon as possible, even if symptoms do not appear immediately. A brain injury should not be taken lightly, and seeking immediate medical attention is essential for your health and safety. Delayed onset of symptoms is possible. For this reason, it is important to consult a physician so that they can assess the severity of your condition and rule out more serious injuries.
Seeking medical attention is also key to establishing a legal basis for your workers’ compensation claim moving forward. Without medical records documenting your injury and the treatment you received, your claim may be denied. After receiving treatment, the next step is contacting an experienced attorney who can help you navigate the aftermath of a work-related brain injury. Connecting with a legal team is crucial in proving your claim and successfully obtaining workers’ compensation for a brain injury.
How to Prove You Have a Brain Injury From Work
Brain injuries often require extensive medical treatment and, in some cases, long-term care. The financial demands of a brain injury are substantial, and workers’ compensation can help offset the burden. Proving that your brain injury was caused in a workplace accident requires a great deal of evidence, however, including:
- Medical records outlining the type of brain injury you sustained, the severity of the injury, and any treatment you received as a result.
- Witness reports from coworkers or supervisors who saw the accident. This evidence can be key to connecting your injury to a workplace incident.
- Security camera footage from the location of the accident, showing any equipment involved and any visible injuries sustained.
- Police or incident reports describing the sequence of events that led to the accident and the workplace conditions that contributed to it.
- Injury-related expenses that you incurred during your recovery. It is important that you keep detailed, accurate records of any medical bills, prescriptions, and other expenses, as well as a lost wages report demonstrating that you could not work due to your injury.
At Schaffer & Associates LPA, our experienced team approaches each work-related brain injury case from a strategic legal perspective, leveraging the full range of evidence to prove that your injury occurred as a result of your work environment.
What Is a Typical Settlement Amount for a Brain Injury at Work?
A settlement for a brain injury at work is not always in the best interest of an injured worker in Ohio. If indicated, a settlement is designed to offset economic and non-economic losses related to the injury. Economic losses encompass costs associated with medical bills, lost wages, loss of earning capacity, and rehabilitative care, while non-economic losses include pain and suffering, emotional distress, and loss of consortium.
It is difficult to estimate the typical settlement amount for a brain injury at work because compensation will vary depending on a range of factors. Generally, the more severe your injuries, the higher the settlement amount. Hiring an experienced attorney who can review your interests and negotiate on your behalf will ensure you received the highest settlement amount you are entitled to.
How Can Schaffer & Associates Help Me With My Work-Related Brain Injury Claim?
Brain injuries are among the most devastating injuries a person can endure. Between medical expenses, ongoing treatment, and time spent away from work, the cost of experiencing a brain injury can be significant. At Schaffer & Associates LPA, we understand that a work-related brain injury can have a dramatic impact on your life, both physically and financially. Our team of knowledgeable lawyers is dedicated to helping those affected by injuries at work secure maximum compensation for their losses. To discuss your claim with our seasoned team of attorneys, consider scheduling a free initial consultation with us and call (419) 350-8277 today.
