Workers who have sustained traumatic brain injuries while on the job encounter unique challenges within the workers’ compensation system. Even seemingly minor incidents can manifest later as serious injuries. Navigating workers’ compensation insurance involves a thorough examination, documentation, and extensive communication with representatives. An experienced attorney can alleviate the stress, allowing you to focus on recovery and adapting to the changes in your body and brain.
In this article, we will delve into when you should consult brain injury lawyers after a workplace accident in CA.
When Should You Consult Brain Injury Lawyers after a Workplace Accident?
Let’s explore the circumstances of having brain Injury Lawyers fighting for you.
- Workers’ Compensation Denies Brain Injury Workers comp Settlement: This is often why workplace TBI victims need brain injury lawyers. Workers’ compensation may deny your brain injury settlements if you or your employer miss a filing deadline, there is a dispute over whether the accident happened at work, the accident was due to on-the-job horseplay, you were drinking or using drugs on the job, and the carrier disputes if you are actually disabled. If workers’ compensation denies mild brain injury settlements, it’s not necessarily the end of the road.
- A Third-Party Liability: If someone else is responsible for your accident, it is not advisable to proceed without legal representation. This is because you might be eligible to take legal action against the responsible party to obtain further compensation in addition to what you receive from workers’ compensation. Your traumatic brain injury lawyer will identify all the parties responsible, which may include contractors, engineers, equipment manufacturers, and property owners. They will also explain how receiving damages from a lawsuit could impact your workers’ compensation benefits.
- Workers’ Compensation Doesn’t Cover All of Your Damages: When you get injured at work, you will usually need to be evaluated by a doctor hired by the insurance company. Their doctor might give you a low impairment rating, which could reduce the benefits you are entitled to receive. If your impairment rating is too low, workers’ compensation might not cover all of your lost wages and medical expenses. In such cases, your TBI attorney can work to obtain a second opinion from another doctor.
- Workers’ Compensation Won’t Approve the Treatment You Need: If your doctor recommends cognitive treatment, but your workers’ compensation denies coverage, don’t worry. Insurance carriers often deny therapy, but your lawyer will fight to prove that you need the treatment.
- Your Employer Retaliates Against You for an Average Settlement for Traumatic Brain Injury: It is illegal for your employer to retaliate against you for TBI claims. Unlawful retaliation includes Firing, demoting, or giving you less-desirable shifts, Harassing or intimidating you, and Reducing your pay or benefits. If you believe your employer is retaliating against you for collecting benefits, call a Los Angeles Brain Injury Attorney. They can help you understand your rights, guide you through the legal process, and represent you at every stage.
Wrapping Up
You want to select brain injury lawyers with the experience, knowledge, and resources to handle traumatic brain injury cases successfully. Additionally, you want to choose brain injury lawyers with whom you can get along and feel comfortable.
At, the Law Office of Spiro K Pistiolas, A Workers’ Compensation Attorney, we have a team of Los Angeles Brain Injury Attorneys who treat our clients and their families with dignity, respect, and sensitivity. Our Los Angeles Brain Injury attorneys understand the challenges you may be undergoing at this time. We will protect your rights every step of the way and fight to get you the head injury compensation you rightfully deserve. Call us and schedule a free consultation at (844) 414-1768 with brain injury lawyers.