Annually, millions of people suffer from a Head or Brain injury that could result in an injury claim. Not all head injuries are created equal, and the symptoms can vary widely depending on the severity of the injury. It’s important to understand what kind of a head injury you (or someone close to you) suffered, so you can know the process to claim Head And Brain Injury claims.
Head injuries are a known danger to construction workers, but recent statistics have shown that these accidents may be much more common than previously thought. According to the Centre for Disease Control and Prevention (CDC), over 2 million people in the United States suffer from head injury or brain injury each year.
Some estimates show that as many as 40% of people who experience a head injury will suffer some form of additional trauma within the next five years. Construction workers may be at an especially high risk for head injuries due to their proximity to heavy machinery and other risks involved with working in such a fast-paced environment. Companies should work toward creating safer working conditions.
If you don’t think your injury is serious, it is better to get medical attention as soon as possible. Even if you don’t believe your injury will lead to a head injury claim, it’s better to be safe than sorry.
Brain Injuries and Compensation
Traumatic brain injury is one of the most common work injury cases, and can be divided into two categories (temporary damage and permanent damage) according to its severity, each of which affects aspects such as:
a) Accident resolution, concussion, post-concussion repair costs, and compensation amounts.
b) What is available and how (and if) they are restricted depends on where you live and/or where the injury occurred?
There are several types of damages you can get compensated in a Head and Brain Injury lawsuit. Some of this damage are “economic” and relate to specific costs resulting from the injury, while “non-economic” can be more subjective.
Understanding that there are aspects of your case that you can control will help you get the most out of your Head and Brain Injury claim. While a lawsuit against the party responsible for your injuries will not bring back you’ve lost, but it can provide you with the financial resources you need for adequate, long-term care so you can be on your way to recovery. It can also help explain the pain and anguish that an severe injury and unjust death has caused you and your family.
How to file a Head and Brain Injury Claim?
As always, in case of a work injury your first step should be getting medical assistance, followed by reporting the incident to your supervisor or employer. Your employer will provide you with the required documentation in the form of a Workers’ Compensation form. It is advisable to fill the form under the guidance of an experienced attorney, with all the respective evidence to support and prove your Head and Brain Injury.
Five tips to help you win your claim
- 1) File your claim in a timely manner
There are many different types of head and brain injury and the time limit for claiming compensation for such conditions differs according to the type of claim.
The legislation for work injury claims is complex and the time limits vary considerably depending on the specific nature of the injuries suffered, which makes it essential to seek legal advice early on to ensure that you don’t run out of time to make a claim.
The statue of limitation for workplace injury in California is 2 years. However, it is always better to file your claim as soon as you receive your medical report.
- 2) Report the injury to your employer as soon as possible
Reporting your injury as soon as possible to your employer is a crucial part of getting your compensation. If you fail to do so, this mistake can cause you your settlement. As the workplace manager or the employer can use it to undermine their involvement and your intentions.
- 3) Get proper Medical Assistance
Getting proper Medical Assistance after a traumatic Head and Brain Injury is crucial. In fact, your medical report determines the severity of your injuries, which in turn determines the amount of your settlement. If you decide not to seek medical attention after an accident and your injuries are harder to heal as a result, your insurance company may reduce your reimbursement to reflect your inability to seek medical attention immediately. The compensation you receive in a brain injury claim may also vary depending on whether you share responsibility for the accident.
- 4) You can also ask for compensation for mental & emotional damage
In order for you to file a claim, your workplace or your employer must be held liable for the accident and subsequent injuries. The Head and Brain Injury lawyer will fight to have you compensated for the medical bills, lost wages and suffering that may be included in your minor head injury and resolution of PTSD.
- 5) Always seek professional help
Head and brain injuries can be devastating. Speaking with a lawyer who is knowledgeable in the field can help you understand your options for seeking compensation for medical bills, lost wages, and pain and suffering.
If you or your loved ones have suffered from a head injury, it is important to understand your legal rights and options. Our lawyers at Pistiolas Law are standing by to help you with your case. Contact us today at (844) 414-1768 for more information on filing a Work injury claim. We’ll connect you with an experienced Workers’ Compensation Lawyer right away, so you can get the answers you need and start moving forward.