Injury at the workplace is a significant concern for employees and employers. While serious ones can incapacitate victims for a lifetime, employers are concerned because they can disrupt operations and result in massive compensation claims. Traumatic Brain Injury is one of the major causes of disability and fatalities at the workplace. Superficially, it could look like a simple head injury, but you may have serious damage. It may range from a mild concussion to life-threatening brain damage. As a victim, you must understand your rights and know all you can do to maximize your compensation.
Check the guideline below
Know your risk factor
Head injuries at the workplace typically happen due to slips and fall, falling from a height, falling objects, and vehicle accidents. The chances of TBI are high if you have a serious accident. While anyone may sustain such injuries, people in some occupations are at a higher risk. These include construction workers, police officers, firefighters, delivery personnel, loading dock workers, race car drivers, and professional athletes. If you work in any of these industries, you need to be extra watchful to avoid TBI in the first place. It is vital to be aware of your rights in case you encounter such mishaps at any point.
Take quick action after the injury
The biggest mistake you can make after a head injury at the workplace is brushing it off. You may have no physical symptoms at all, but the damage could be fatal. Taking quick action should be your top priority when it comes to dealing with TBI. See a doctor at the earliest and report the injury to the employer as well. If you get a TBI diagnosis, you must contact a brain injury lawyer for workers comp immediately. Delaying treatment not only elevates the risk of medical complications but can impact your compensation claim as well. The insurance company will use it as an opportunity to prove that you did not sustain the injury at the workplace.
Gather relevant evidence and documentation
TBI is not always the easiest to prove, and you need strong evidence to show the extent of damage and resultant losses. The best way to start is by organizing your documents, such as medical reports and claim forms. Maintaining a journal to record symptoms after a suspected TBI is a good idea as many symptoms surface subsequently, sometimes weeks after the accident. Watch out for signs such as headaches, nausea, seizures, blurred vision, impaired mobility, memory issues, stress, and depression. Discuss them with your doctor and get requisite tests and treatment along with the records. Inform your attorney about the latest developments as well.
Even as you have evidence to prove TBI at the workplace, the workers’ compensation insurance company will do everything possible to avoid a large payout. An expert lawyer can strengthen your case by presenting the relevant records and witness testimonies in the court. They can even bring in expert witnesses to add credibility to the claim. The chances of maximizing your workers’ compensation claim hinge on finding a lawyer who knows the law inside out and can leverage the available evidence to your advantage.