Millions of Americans sustain traumatic brain injuries (TBIs) every year, some of which occur as part of on-the-job workplace brain injury accidents. Brain injuries, one of the most severe and life-altering injuries, can occur in various workplace environments. As an injured worker, you have rights that impact your immediate future and eventual return to work. Understanding these rights can help you take steps to protect your job and finances.
What are the Different Ways Someone Can Sustain a Brain Injury at Work?
Brain injuries in the workplace can occur in various settings and due to different types of incidents and situations. Some of the most common ways we see someone may sustain a brain injury at work include:
- Falls: Slipping, tripping, or falling from a height can lead to traumatic brain injuries (TBIs). These incidents are common in construction sites, warehouses, and even office environments where spills or obstacles occur.
- Struck by/against events: Workers can sustain brain injuries by being struck by moving or falling objects or by hitting their heads against a stationary object. This is a frequent risk in the construction, manufacturing, and warehousing industries.
- Vehicle accidents: Employees who operate vehicles or heavy machinery as part of their job can suffer brain injuries in crashes or collisions. This risk extends to transportation, delivery services, and agricultural workers.
- Explosions and blasts: Workers in industries such as mining, oil and gas extraction, and military roles can experience brain injuries due to explosions or blasts, which can cause both penetrating head wounds and closed brain injuries.
- Exposure to toxic substances: Certain chemicals can cause neurological damage that may not be immediate but can impair long-term brain function. This is particularly relevant in chemical manufacturing, painting, and cleaning jobs.
- Violence: Workplace violence, including assaults, can lead to head injuries and TBIs. Healthcare workers, law enforcement personnel, and customer service employees are at higher risk.
- Electrical shocks: Electricians and construction workers risk electrical accidents that can cause brain injuries due to the electrical current passing through the body.
- Sports and recreation: Employees engaged in physical training or sports activities, such as coaches or physical education instructors, might experience brain injuries from impacts or collisions.
- Compression injuries: In industries like mining or construction, cave-ins or collapses can lead to brain injuries due to compression or blunt force trauma.
What is Your Right to Workers Compensation Benefits?
As an injured worker, you can pursue compensation through the state’s workers compensation program. By filing a workers comp claim, you can obtain financial compensation that helps you pay for your doctor’s visits, hospital bills, and ongoing therapy costs.
Except for minor concussions, your TBI will also likely temporarily or permanently impact your ability to return to your previous job. A successful workers comp claim can also provide you with some financial compensation to address this reduction in your take-home wages.
Do You Have The Right to Have Your Doctor Examine You Before Returning to Work?
Returning to work too quickly can exacerbate your injuries and lead to further harm. For example, if your workplace brain injury has left you suffering from intermittent seizures or periods of unconsciousness, allowing you to return to work and use heavy machinery can lead to an accident that injures both you and others.
As a result, you can only return to work once a doctor has examined you, cleared you to return to work, and noted any limitations you should have while on the job.
After sustaining a brain injury at work, the medical evaluation process is critical to determine the extent of the injury and its impact on your capacity to perform your job safely and effectively. Brain injuries can manifest a wide range of symptoms, and their severity can significantly affect your return to work.
What are Brain Injury Symptoms?
- Symptoms following a brain injury can vary greatly depending on the injury’s location and severity. They can be physical, cognitive, emotional, or a combination thereof. Common symptoms include:
- Cognitive impairments: Difficulties with attention, concentration, memory, and problem-solving can significantly impact job performance, especially in roles requiring high cognitive demand.
- Physical symptoms: Headaches, dizziness, fatigue, and sleep disturbances can interfere with daily activities, while motor skill impairments might restrict the ability to perform physical tasks.
- Emotional changes: Mood swings, anxiety, depression, and irritability can affect interpersonal interactions and the ability to cope with workplace stress.
- Sensory problems: Issues with vision, hearing, or altered sensory perception can hinder one’s ability to navigate work environments or handle tasks that rely on these senses.
How Can a Brain Impact Work and What are Necessary Restrictions?
The medical evaluation should inform specific work restrictions to prevent exacerbating the injury. These might include:
- Limited screen time: For those experiencing headaches or vision issues, reducing time spent in front of computers or other screens can be crucial.
- Modified work hours: Fatigue is a common symptom, necessitating shorter workdays or more frequent breaks.
- Environmental adjustments: Changes to the workspace to reduce noise, light sensitivity, or physical obstacles can help accommodate sensory or cognitive impairments.
- Task modification: Adapting responsibilities to avoid tasks that could pose risks, such as operating heavy machinery for individuals with motor skill impairments or seizure risks.
Some additional points to keep in mind include the following:
Are Multiple Examinations Necessary?
The healing process following a workplace brain injury can vary from person to person. It is not uncommon to need multiple examinations throughout your treatment.
You can expect periodic examinations until your medical team determines that you have reached your maximum physical recovery. At this point, your doctor believes you will not see any additional benefit from further treatment.
Can Restrictions Change Over Time?
Just as your medical condition can improve over time, especially if you obtained prompt treatment for your head injury, the limitations you face can change. Periodic physical examinations allow your doctor to update your work restrictions. If your physical condition improves, you could return to full- or near-full-time employment and resume activities similar to those you performed before your injury.
When Can You Not Agree With Work Restrictions?
Suppose your treating physician assesses you and assigns work restrictions you do not agree with. While you do not have the right to refuse to work just because you do not agree with the restrictions, you do have ways of challenging the doctor’s assessment of your condition.
First, you can attempt to return to work with the doctor’s restrictions and report back on any pain or limitations you experienced. Your doctor may reassess you and reconsider your work limitations.
Alternatively, at your insurance company’s expense, you can obtain a second opinion from a qualified doctor, also known as a QME. Based on the results of this second opinion, your primary treating physician could reevaluate the severity of your condition and the restrictions under which you should work.
What is Your Right to Return to Work After a Workplace Brain Injury?
Once your doctor has declared that you can return to work, your employer must make a good-faith effort to allow you to return while accommodating the restrictions set by your doctor. Your employer cannot demand you return to work if your doctor has not cleared you to do so, nor may your employer require you to work in violation of your work restrictions.
In a similar way, you cannot refuse to return to work if your employer offers you a position that satisfies your work restrictions. Even if the position is not the same as your previous job, refusing to return to work when your doctor has authorized you to do so can be grounds for termination.
What if Your Employer Does Not Have a Position For You?
Sometimes, you may be eager to return to work, but your employer claims they have no suitable position for you. While your employer must attempt to allow you to return to work once you are medically cleared, your employer does not have to expend every effort to get you back to work.
For example, suppose that you work in a warehouse where all employees are required to perform various physical tasks. If it would cost your employer substantial money to reconfigure the warehouse so you could perform light physical activities, your employer may not be required to hire you back. Instead, they may wait and see if you improve further before allowing you to return to work.
If your return to work is delayed because your employer does not have a suitable position for you, you will continue to draw workers comp benefits. If your employer refuses to hire you back due to an unjustified reason, you may be eligible to file a lawsuit and seek damages against your employer.
Can I File A Claim Against Retaliation?
While employer retaliation is unfortunately common, it is important to know that if your employer retaliates against you, you can file a 132(a) claim against them. Retaliation encompasses any adverse treatment in the workplace, such as harassment, unjustified reduction of hours or pay, and refusal to rehire you despite being medically cleared.
In severe instances, retaliation may involve terminating your employment or creating such a hostile or demeaning work environment that you feel compelled to resign.
Protect Your Workplace Rights With Help From an Experienced California Workers Comp Attorney
Having the knowledgeable and skilled team from Mahooti Law Group at your side following a workplace brain injury can help you navigate the workers comp process successfully.
We will work to ensure your rights are protected and that your employer follows the law regarding your return to work. Contact Mahooti Law Group today and schedule a consultation with us.
