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Head and brain injuries are some of the most serious workplace traumas that can be suffered. If you suspect a brain injury occurred at your job in San Diego, it’s crucial to take steps quickly to safeguard your rights.

Workers at High Risk of Brain or Head Injuries

Virtually all professionals have some risk of head injury. However, construction workers are the most likely to sustain a head injury. Emergency first-responders such as police and firefighters are often at high risk as well, thanks to the dangerous conditions they work in. Logistics and manufacturing professionals working around heavy equipment should also beware.

What to Do After a Head or Brain Injury at Work

  • Report the Incident: You must document the incident in writing as soon as you can. In many workplaces, it will be difficult or impossible to pursue a compensation claim if more than 48 hours pass without making a written report of the injury.

  • File a Claim: A workers’ compensation claim should be filed as soon as the incident is documented. This is not to be confused with an Application for Adjudication, used if the claim is not settled to your satisfaction.

  • See a Doctor: Getting a medical evaluation not only protects your health, but helps establish costs associated with your injury. You will often be required to use an “in-network” physician on your employer’s plan, but are entitled to seek other opinions.

  • Talk to a Lawyer: From this point, many things can happen. The help of a workers' compensation attorney is essential, especially if your claim is denied.

Find Out if Your Brain Injury Merits Worker’s Compensation

Will your brain injury merit compensation? As long as you were injured at the workplace while performing services for an employer, you may have a claim.

You can also make a claim if you were injured while working from home.

If you’re hurt at a work-site after hours or not performing your duties, you might have a civil case – but you usually won’t be able to apply for worker’s compensation.

Getting Legal Help with Mental and Emotional Injuries

Not all workplace injuries are physical. Psychological injuries, such as difficulties with memory or concentration resulting from a head injury, can also lead to a successful compensation claim. These types of claims follow the guidelines above, but may require additional assessments from a medical specialist to establish that a workplace incident caused psychological harm.

Gerald D. Brody & Associates

Have you or a loved one suffered a head injury in San Diego? Be sure your legal rights are met and that you receive the compensation to which you may be entitled by contacting Gerald Brody & Associates.