Proving a Brain Injury Merits Workers’ Compensation

Traumatic Brain Injury (TBI) Workers' Compensation

A traumatic brain injury (TBI) can have serious, lifelong health implications. When a head injury takes place, it’s essential to take immediate steps to protect both your health and your rights. This is especially true if the injury happens at work.

The symptoms of a brain injury can take weeks to develop. However, you must begin to establish your case for workers’ compensation right away.

Making a TBI Claim After a Workplace Accident

Standards for workers’ compensation for a head injury in San Diego are very thorough. For a workplace incident to be determined the cause of the injury, and thus worthy of compensation, the accident victim must follow established procedures.

This starts with documenting the accident as soon as it takes place. Waiting longer than 24 hours can undermine your case.

Once the issue is documented, your employer may accept or deny your claim. They may request you undergo a medical evaluation, typically from a doctor in the employer’s insurance network.

It is essential to see a doctor promptly. Should your claim be denied, you have the legal right to file an appeal. However, medical evidence is vital. In complex cases, a physician may need to testify in court that the workplace incident is the cause of your injury.

When Does a TBI Qualify for Workers' Compensation in San Diego?

If you were injured in a workplace accident while performing duties as an employee, you may qualify for compensation. If you were not there in a work role, you may have a civil case, but cannot typically pursue workers’ compensation. An accident may be covered even if you believe it was your fault, as long as it was unintentional and not provoked by drugs or alcohol.

A few categories of workers are generally exempt from making compensation claims. These include domestic and agricultural workers, seasonal workers and undocumented workers.

If a TBI impairs your ability to work or function in daily life, or has ongoing costs, workers’ compensation may not be enough. In this case, you might consider suing your employer for creating conditions that led to the injury.

Did You Suffer a Brain Injury in San Diego? Make the Call Today

Every year, many Californians yield their legal rights to workers’ compensation by failing to take action. Don’t be one of them! For expert help on your compensation claim, contact the Law Offices of Gerald D. Brody & Associates by calling (619) 528-9800.