Traumatic brain injury (TBI) can occur in any workplace, from construction sites to office settings. Mild TBIs, such as concussions, may require months of recovery, while more severe TBIs can cause permanent impairment or death.
If you sustained a TBI during a workplace accident, you could file a workers’ compensation claim for medical expenses, lost income, disability, and other benefits. The Florida workers’ compensation lawyers with Rosenberg & Rosenberg can guide you through the process of pursuing workers’ compensation for a traumatic brain injury in Florida.
A traumatic brain injury refers to any injury that affects the brain. TBIs typically arise when the head is struck, jolted, or penetrated. Mild concussions can temporarily damage your brain cells, but serious traumatic brain injuries can create long-term health issues. Our lawyers look at the full scope of your losses, and how they may affect your future, to ensure that we fight for the full amount of workers’ compensation benefits to which you are entitled.
Traumatic brain injuries present a wide range of symptoms, depending on the injury’s severity. Left untreated, they can lead to serious impairment or even death. In fact, the Florida Department of Health reports that more than 5,000 people died from traumatic brain injuries in 2022.
Despite the name, mild traumatic brain injuries or concussions are serious and require medical attention. Signs of a mild TBI include:
If you experience any of these symptoms following a blow or jolt to your head at work, report the injury to your employer immediately and seek medical assistance.
More serious TBIs can range from moderate to severe. They may present the same symptoms as a concussion, but with the following additional issues:
Some symptoms are immediate, but others may become apparent within days or weeks. Since traumatic brain injuries affect each person differently, you should always seek medical attention after any head injury. Prompt imaging and other diagnostics can identify dangerous complications such as swelling and brain bleeding that could worsen over time. If you’ve been injured on the job, always seek immediate medical attention.
Contact our workers’ compensation attorneys as soon as possible after a traumatic brain injury on the job. We can begin gathering evidence and start the workers’ compensation process while you undergo critical diagnosis and treatment.
Although a traumatic brain injury can occur in any work setting, the Centers for Disease Control and Prevention (CDC) reports that workers in certain occupations may be at higher risk. These jobs include:
Most workers in Florida are entitled to receive workers’ compensation benefits if:
Benefits offered by workers’ compensation in Florida include income reimbursement, medical expenses coverage, disability, reemployment services, and death benefits.
When your injuries prevent you from working, your employer’s workers’ compensation insurance covers around two-thirds of your average weekly income. This total can be affected by your level of impairment and whether you have other sources of income.
Workers’ compensation is designed to cover medical treatment related to workplace injuries, including traumatic brain injury. Our workers’ compensation attorneys can track your treatment, gather medical records, and obtain other documentation to support your case for workers’ compensation medical benefits.
Traumatic brain injuries can result in temporary or permanent disability. If you cannot return to the workforce after you reach maximum medical improvement (MMI), you could be eligible for permanent disability payments through Florida workers’ compensation.
All disability benefits and programs require documented proof of your disability. We understand that your injuries can make handling this process even more complicated. Our compassionate legal team can guide you through the process to help you recover the assistance you need after a disabling head injury at work.
If your traumatic brain injury does not prevent you from working, you may be able to return to the workforce with reemployment assistance through workers’ compensation. Reemployment services may come through your workers’ compensation provider, or you can request them through the Division of Workers’ Compensation, Bureau of Employee Assistance and Ombudsman Office.
These services may include vocational counseling, resume writing, education, and training for a new career or occupation.
Sadly, traumatic brain injuries can lead to an employee’s death on the job. Following the death of a loved one, dependents could collect workers’ compensation death benefits. Rosenberg & Rosenberg understands that financial compensation cannot replace a lost loved one. However, death benefits can help you cover the costs related to your loved one’s death while you grieve. Death benefits may include funeral and burial costs, medical bills, lost income, and education for the decedent’s children.
If you or a loved one sustained a TBI in the workplace, a Florida workers’ compensation attorney with Rosenberg & Rosenberg can provide a free consultation to help you determine your next steps. Our compassionate legal team understands that a traumatic brain injury can make even simple tasks feel beyond reach. We are here to help you secure the benefits you need to recover from your head injury.
When you suffer a traumatic brain injury while working, seek immediate medical attention and report the injury to your employer. You technically have 30 days from the date of your injury to report it, but the sooner you report the injury, the sooner the claim process can start. Always inform your employer in writing, so that you have documentation of having done so. Your employer has seven days from your report to inform their workers’ compensation insurance company.
Some employers or workers’ compensation carriers drag their feet, which can prevent you from receiving timely benefits. Our team can fight for your rights by filing a dispute with the Florida Division of Workers’ Compensation (DWC) or the Office of Judges of Compensation Claims (OJCC) per Florida workers’ compensation laws.
Many disputes involve hearings, mediation, and other proceedings. If you hire us, we will represent your interests and guide you through every step of the process. During the process, we update you regularly and maintain open communication, so you never have to wonder what is happening.
Traumatic brain injuries are particularly challenging because they can prevent you from completing the workers’ compensation filing process. We know how overwhelming and frustrating a TBI can make even daily tasks. Our workers’ compensation lawyers in Florida want to help you recover the compensation you need to recover from your injuries.
We know that a traumatic brain injury can be life-altering. Our team wants to help ensure you and your family have the financial support to get through this challenging time. We can help you manage the process and:
If your claim is denied because you are a contractor or other exempt employee, you may have grounds to file a personal injury lawsuit if your employer was negligent. Our team can review your case details and provide an honest assessment of your legal options. If you decide to seek compensation through a lawsuit, our Florida personal injury lawyers are prepared to defend your legal rights during litigation.
For over 50 years, Rosenberg & Rosenberg has defended the rights of injured people throughout Florida, recovering millions in settlements and verdicts. We have the skills, knowledge, and resources to help you recover the compensation you deserve after a traumatic brain injury at work.
Contact our office today to speak with a Florida workers’ comp lawyer about your case. We are available 24/7. During your free consultation, we will listen to your story and help you decide which legal options are best for your situation.
