Brain injuries are often some of the most life-changing harms that a person can suffer. They are also often not that easy to detect. Anyone who suffers a traumatic brain injury in a workplace accident should be covered by their employer’s workers’ compensation insurance. However, they may have to jump through several hoops to prove that their injury is real and was suffered in the workplace.
Unpredictable
Brain injuries tend to be the most unpredictable injuries. When someone breaks an arm, it gets set, and as long as it remains in the cast, it should heal up fine for the most part. There is the possibility for some slight lingering discomfort if the bone isn’t set quite right, and in rare cases, a bone will have to be broken again and reset, but for the most part, things are pretty easy to predict.
With a head injury, it is not nearly that simple. Doctors can make guesses about recovery based on past cases and how others have responded to similar injuries. However, there is still so much about the brain that we don’t understand. The complexity of this organ that houses our consciousness and controls our function is so vast that even injuries that seem similar can be wildly different.
Comparing a broken bone to a traumatic brain injury is like comparing a broken paintbrush to a fried computer hard drive. 200 years ago. There is really only so much that even neurologists can do when it comes to brain injuries. When people lose any functionality from a brain injury, some of the best advice in regards to whether they regain what they lost is to just wait and see. Advances in our understanding of the brain are happening all the time. But there is still a long way to go.
There are therapies that doctors can prescribe that can help with rehabilitation. But the extent to which those therapies will prove effective is all guesswork.
Filing a Workers’ Comp Claim
Anytime you are injured at work while performing your duties, you should file a workers’ compensation claim. Except for in Texas, every state requires that employers carry workers’ comp insurance. Workers’ comp insurance offers both protection for companies as well as for individuals.
Workers’ compensation insurance protects employers from getting sued anytime there is an injury in the workplace. At the same time, it provides employees with a clear path to compensation. This money should be enough to cover their medical bills and other injury-related expenses, like rehabilitation and pay for missed work.
They don’t have to worry about a lengthy legal battle and a contentious relationship with their employer. They only have to worry about filing a claim. Unfortunately, the claims process can be a bit complicated, and a brain injury certainly doesn’t make things any easier.
Getting back substantial brain injury compensation is important, as a brain injury can physically and mentally affect the victim, possibly for life. Hiring a workers’ comp lawyer is always a good idea if your claim gets denied and you have to file an appeal. But in some cases, you might want to hire an attorney for filing your initial claim. For cases of a traumatic brain injury, that is probably your best move.
What if My Claim Gets Denied?
Workers’ compensation claims get denied for a variety of reasons. Sometimes it is because the injury does not meet the requirements for a workers’ comp claim. A few examples of this include when the injured worker was:
- Under the influence of drugs or alcohol when hurt
- Fighting
- Playing games rather than working
In cases like those, the injured worker forfeits their right to workers’ compensation, as the law determines them to be at fault for their injury.
For other claim denials, it is a bit more complicated. Some of the other reasons that a workers’ comp claim might get denied are that the worker:
- Failed to inform the employer of injury on time;
- Failed to file workers’ comp paper on time;
- Also, failed to receive medical treatment;
- Was not treated by an approved medical provider;
- Missed appointments with their doctor;
- Failed to listen to medical advice.
In cases of this nature, the injured party has the right to appeal the decision to deny the claim, and with experienced representation, there is a good chance of winning the appeal.
Hire Legal Representation
A traumatic brain injury is often going to be life-altering. Depending on the severity of the injury, there is a strong possibility that you will never be able to return to work. Getting a workers’ compensation settlement that covers not only the cost of your medical treatment but also the cost of lost wages and earning capacity is incredibly important.
Hiring qualified workers’ comp insurance with a proven record of getting fair payment for their clients is essential. Suffering a traumatic brain injury is enough of a hardship to go through in any case. Suffering a traumatic brain injury without the financial means to support yourself is absolutely devastating.
