Brain injuries, like other catastrophic injuries, can forever alter the lives of workers who suffer them. Sadly, these devastating and debilitating injuries continue to occur across a wide range of industries.
Although safety measures should be in place to prevent these types of injuries from occurring, they are often rendered useless due to negligence, recklessness, and the push for profits.(213) 674-7515
Mahooti Law Group: Your Advocate in Catastrophic Workplace Injuries. Justice is Our Priority.
If you have suffered a brain injury at work, our seasoned brain injury attorney, Lila Mahooti, will vigorously pursue any and all benefits you are entitled to under the law. We will also make sure you receive medical treatment from experts in the field of brain injuries.
We understand that the process for seeking workers’ comp benefits is complex. Our team will help you navigate it to obtain maximum recovery for your catastrophic case.
At Mahooti Law Group, we have extensive experience representing injured workers who have suffered on-the-job catastrophic injuries, including brain injuries. We will work hard to seek the maximum workers’ compensation benefits the law will allow.
Call 213-674-7515 for a free consultation today.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) occurs when the brain suffers damage due to trauma, such as blunt force trauma or piercing trauma.
A blunt force trauma injury occurs when the brain, which floats in cerebrospinal fluid, hits against the inside of the skull after the head receives a blunt impact.
Damage from piercing trauma occurs when a foreign object penetrates the skull and enters the brain. Piercing injuries may also be caused by pieces of the skull itself after an impact.
A TBI may also be caused by sudden or whipping motions that cause the brain to slam into the inner skull once the violent motion comes to a stop.
A mild TBI is the least severe type of brain injury. But even the mildest TBIs are medical emergencies that should be treated by a professional.
Often described as a concussion, a mild TBI can lead to a range of symptoms:
- Speech difficulties
- Balance problems
- Nausea or vomiting
- Sensory disturbances
- Dazed states and confusion
- Sleeping difficulties
- Depression or anxiety
A mild TBI may also lead to loss of consciousness, but not for longer than a few minutes.
The symptoms of moderate TBIs are typically similar to those of mild TBIs. They may also produce additional signs and symptoms:
- Persistent and worsening headache
- Persistent and worsening nausea and vomiting
- Convulsions, tremors, and seizures
- Dilation of the pupils
- Fluid draining from the nose or ears
- Inability to wake up
- Weakness or numbness of the outer extremities
- Coordination problems
Moderate TBIs can also cause loss of consciousness that may last from several minutes to hours.
The most serious type of brain injury is a severe TBI. The main symptoms associated with a severe TBI are loss of consciousness for an extended period of time or amnesia. A victim of a severe TBI may remain in a vegetative or minimally conscious state.
A vegetative state is characterized by unconsciousness with brief moments of wakefulness. It is sometimes known as unresponsive wakefulness syndrome. During this state, a person may involuntarily react to certain stimuli but without any element of control.
When in a state of minimal consciousness, a victim may be able to follow simple commands and can sometimes communicate by talking and with simple gestures.
How Common Are Brain Injuries at Work?
Brain injuries are not uncommon in the workplace, especially in jobs where workers are at an elevated risk of car crashes or falling from high places.
According to a study conducted by Angela Colantonio and associates, 24% of all TBIs occur in the workplace. Since over 2 million TBIs are reported in the U.S. annually, around half a million Americans likely suffer a TBI on the job each year.
Statistics also show that TBIs are more common in certain industries. For example, agricultural and mining employers see a large number of TBIs each year. The same holds true for the construction industry, which, according to a study in the American Journal of Preventive Medicine, had an incidence rate that was triple that of all industries in 2011.
Just how do TBIs typically occur in construction and other industries? According to a 2016 study by the National Institute for Occupational Safety and Health (NIOSH), falls accounted for more than half of work-related TBIs. Most of these falls involved ladders, roofs, and scaffolds.
Additional data from the NIOSH study show that workers over 65 were four times more likely to experience a TBI than workers between the ages of 25 and 34. Workers at smaller companies — those with 20 or fewer employees — were 2.5 times more likely to experience a fatal TBI than those employed by larger organizations.
What Are the Most Common Accidents That Cause Brain Injuries?
Data from the Occupational Safety and Health Administration (OSHA) and other agencies show that brain injuries can occur in many ways. However, a handful of causes account for most work-related TBIs.
Falls, Trips, and Slips
Falls from high places nearly always lead to a blow to the head. Even at lower heights, the blow can be fatal, especially without a protective helmet.
Slips and trips can also cause a devastating brain injury if the worker’s head strikes a hard surface or is penetrated by a pointed or sharp object, such as a nail or protruding piece of metal or wood.
Being Struck in the Head with an Object
Falling, flying, and fast-moving objects are common on certain job sites, such as construction sites. On any given day, a worker could experience a head injury from a falling piece of equipment that was not secured properly or from debris flying from an explosion.
For this reason, OSHA and other safety agencies make it mandatory for workers at these sites to wear protective helmets.
Motor Vehicle Accidents
Motor vehicle accidents exercise great force. Workers who are involved in such accidents face various types of trauma and force that may lead to a traumatic brain injury, including blunt force trauma, piercing trauma, and violent whipping motions that cause the brain to impact the inside of the skull.
What to Bring to Your Brain Injury Claim
If you have experienced a brain injury at work, you will need evidence to support your compensation claim.
Los Angeles brain injury attorney Lila Mahooti will thoroughly investigate your case and collect relevant evidence, but you can help immensely by bringing in any important records that you have access to.
No-Fault Representation for Injured Workers
At Mahooti Law Group, Lila Mahooti specializes in providing compassionate and dedicated legal representation to injured workers throughout California. Lila Mahooti is well-versed in the complexities of workers’ compensation law and understands the challenges faced by individuals who have suffered brain injuries at work.
What Does “No-Fault” Mean?
California’s workers’ compensation system operates on a “no-fault” principle. This means that injured workers are entitled to benefits regardless of who is at fault for the accident or injury. The no-fault approach ensures that injured workers can access necessary medical treatment, wage replacement benefits, and other essential support without the need to establish fault or prove negligence on the part of their employer.
Exclusive Benefits Under the Workers’ Compensation System
When you sustain a work-related injury or illness, you may be entitled to various benefits under the California workers’ compensation system. These benefits are designed to provide support and assistance to injured workers and their families during the recovery process. Here are some of the exclusive benefits available through the workers’ compensation system:
Under workers’ compensation, you have the right to receive necessary medical treatment for your work-related injury or illness. This includes doctor’s visits, hospitalization, surgery, medication, rehabilitation services, and other appropriate medical care. The workers’ compensation system covers the costs of these treatments to ensure you receive the care you need to recover and regain your health.
Temporary Disability Benefits
If your work-related injury or illness prevents you from performing your job duties temporarily, you may be eligible for temporary disability benefits. These benefits provide a portion of your lost wages while you are unable to work during your recovery period. Temporary disability benefits aim to help you maintain financial stability while you focus on healing and returning to work.
Permanent Disability Benefits
In cases where your work-related injury or illness results in a permanent impairment or disability, you may be entitled to permanent disability benefits. These benefits are designed to compensate you for the long-term impact on your earning capacity due to the injury. The amount of compensation depends on several factors, including the extent of your disability, your age, occupation, and pre-injury wages.
If your work-related injury or illness prevents you from returning to your previous job, vocational rehabilitation benefits may be available to you. These benefits assist in retraining, education, and job placement services to help you acquire new skills or find suitable employment within your physical limitations. Vocational rehabilitation aims to support your successful reintegration into the workforce despite any permanent disabilities.
In tragic cases where a work-related injury or illness leads to the death of an employee, the workers’ compensation system provides death benefits to the surviving dependents. These benefits typically cover funeral expenses and provide financial support to eligible dependents, such as spouses and children, to help them cope with the loss of income and other related costs.
Support for Long-Term Injuries
For most work-related TBIs, workers’ compensation benefits will cover medical bills. Along with medical treatment for your injuries, you might be eligible for:
- Temporary disability benefits
- Permanent disability benefits
- Vocational rehabilitation
If you are eventually able to return to work, you can expect to receive temporary disability benefits while you recover. These are generally paid at two-thirds of your regular salary.
Workers who are not expected to recover completely might receive permanent disability benefits through workers’ compensation. Like temporary disability, these payments are generally two-thirds of your income. But if your disability is partial, the payments may be lower.
Sometimes, a work-related injury requires a career change. For example, suppose that a salesperson suffered a TBI in a car accident while seeing a client. The injury affects their ability to speak fluently, but they can still work in a not customer-facing role. Vocational rehabilitation will help the worker train and prepare for a new career.
You do not have to prove that your employer was negligent in receiving workers’ compensation benefits. However, these claims will not compensate you for non-economic losses, such as pain and suffering.
Can you pursue a personal injury lawsuit after a work-related TBI? In some cases, you can- such as if a third party caused your injury. Attorney Lila Mahooti will discuss whether this is an option at your free consultation.
Lila Mahooti is Proven to Help You
An on-the-job brain injury can forever alter the course of your life. It can keep you from returning to the workplace temporarily or forever, leaving you without the source of income and employment benefits you have come to rely on.
Fortunately, you can seek workers’ compensation benefits to continue supporting yourself and your family. But this process can be complex, challenging, and stressful if you try to do it alone.
No matter how your brain injury occurred at work, know that the Mahooti Law Group is ready to help you maximize your efforts to recover the funds that will bring some semblance of certainty to an uncertain future.
Contact us to speak with one of the top Los Angeles brain injury attorneys in the field of workers’ compensation: Lila Mahooti. Mahooti Law Group offers free consultations and case reviews for potential clients. Call 213-674-7515 for a free consultation today.