Workers’ Compensation and Traumatic Brain Injuries

A brain injury can have a profound effect on the life of a patient, as well as the lives of their loved ones. Serious brain injuries, like traumatic brain injuries, can change the trajectory of a person’s life forever. When someone suffers a brain injury on the job, they expect workers’ compensation to help them with their medical bills and lost wages to allow them time to heal and recover before going back to work. If you are injured at work, it is imperative your workers’ comp claim is approved and paid in a timely manner.

What is the definition of a traumatic brain injury?

Brain injuries, due to the nature of the head, can be complex and difficult to treat. Traumatic brain injuries (TBI) are one of the most common causes of death and disability in the United States. About 155 people die every day from TBI-related injuries, with over two million people visiting the ER annually and about 250,000 hospitalizations for brain injuries.

A traumatic brain injury is an injury to the head that affects how the brain works. It can be non-penetrating or penetrating injury that causes damage, swelling, or bruising to the brain. A TBI can range from mild-to-moderate (like a concussion) to severe (like unconsciousness or coma). Some TBIs result in permanent coma or death.

TBIs can impair thinking, memory, movement, vision, hearing, and emotional functions. They are often referred to as “invisible injuries,” because many TBIs leave no visible wounds or scars. Mild TBIs can put a person out of commission for weeks or months, while severe TBIs can leave a person with lifelong symptoms and effects from their injury.

What are some causes of workplace TBIs?

Anyone can experience a brain injury in any way in the workplace, but it is true that some jobs are riskier than others. Some of the more common jobs and industries where employees might suffer a brain injury include:

• Commercial or delivery drivers. Anyone who drives for a living has a higher risk of suffering a TBI in a car or truck crash. If they are injured during the course of employment, they may be eligible for workers’ compensation, or a personal injury action against the at-fault driver, or both.
• Construction workers. The construction industry has one of the highest rates of TBIs, typically from falls from great heights. Workers also have the risk of being struck in the head by falling objects, heavy equipment, and moving objects like metal beams.
• First responders. Personnel like police officers and firefighters are exposed to dangerous and hazardous situations all the time. They run the risk of falling and striking their head, being hit by falling debris, or being injured due to violence. First responders are also at risk of TBIs in vehicle crashes.
• Manufacturing workers. Depending on the job, manufacturing employees can be exposed to toxic substances that, over time or in an accident, can lead to brain injury. Accidents at manufacturing plants resulting in explosions and release of chemicals can cause TBIs and other neurological damage.

The invisible nature of brain injuries can make it difficult to get the proper amount of workers’ compensation to which you are entitled. If you find your claim denied from the insurance company as part of their strategy to avoid paying out benefits, it’s time to consult with an experienced workers’ comp attorney for help.

At Plaxen Adler Muncy, P.A., we protect the workers of Maryland and ensure they secure their proper workers’ compensation benefits when injured on the job. To schedule a free consultation about your case, give our Maryland offices a call at 410-730-7737 or use our contact form.