Orange County Workplace Brain Injury Lawyer
Orange County Workplace Brain Injury Attorney
Brain injuries are some of the most dangerous that can happen in the workplace. Recovery can often be long and painful, and, in many cases, a full recovery may never be possible. When this happens in the workplace, the costs associated with these brain injuries are the responsibility of your employer. Usually, though, it will be their workers’ compensation insurance provider who will need to pay. However, getting them to pay what they owe can often require the help of an Orange County workplace brain injury lawyer.
At Diefer Law Group, P.C., our team is experienced with the workers’ compensation process and knows how to help victims of workplace brain injuries get the compensation that they need. We can give you an idea of the kind of workers’ comp settlement that you should be expecting and work with you through the process. We can help with the forms, documentation, and paperwork. If there’s a denial or dispute, we can represent our clients in legal hearings and the appeals process to seek what they need.
Types of Workplace Brain Injuries
Brain injuries are a broad category of injuries, but all center on the brain being harmed in some form. Many different kinds of brain injuries could occur in the Orange County, CA workplace, but some of the more common forms include:
- Traumatic Brain Injuries – This broad subcategory of brain injuries is most frequently the result of a very sudden blunt force or other trauma to the head. They are often the result of some sort of fall, machinery accident, or equipment issue at work. Some of the more common examples are concussions, which can happen from a blow to the head, and penetrating injuries, which occur when a tool, debris, or another object pierces the skull and damages the brain.
- Closed Head Injuries – Blunt force, even if it fails to create an open wound, could still result in significant damage to the brain from the force passing through to the brain’s soft tissue. This can occur from falls, machinery accidents, and being struck by a falling object.
- Repetitive Trauma – Repeated contact to the head, even if it is not significant enough to cause a concussion with a single blow, could still lead to issues over time. One notable example is chronic traumatic encephalopathy, or CTE.
- Hypoxic or Anoxic Brain Injuries – A lack of sufficient oxygen to the brain can create significant problems. This can occur when work involves a confined space without good ventilation, potentially leading to asphyxiation. It could also be caused by exposure to some toxic substances.
- Chemical Exposure – Some chemicals, especially when exposure occurs in significant amounts or regularly, could lead to brain damage. In particular, this could affect workers in laboratories, manufacturing, or agriculture, where these chemicals are used regularly.
- Electrical Injuries – The brain is a part of the body that operates by using electricity, and it is particularly susceptible to damage from an electrical shock. Jobs that involve direct work with electricity or with exposed wires are especially at risk for this kind of brain injury.
It’s critical that both your employer and you practice proper safety measures to prevent workplace brain injuries. For your employer, it’s critical that they create a safe work environment for their employees. This could include safety training, implementing good operating procedures, and following any applicable safety regulations. Failure to do these could lead to a variety of consequences.
On the workers’ end, it’s important that you follow the protocols that your employer has put in place and that you wear personal protective equipment, like a helmet, when there is any risk of a brain injury. It is also wise to be aware of your surroundings and take extra precautions in particularly dangerous situations.
What an Orange County Workplace Brain Injury Lawyer Does
If you want to ensure that you are using every possible means to get a proper workers’ comp settlement, then it can be critical to work with an Orange County workers’ compensation lawyer. The workers’ compensation process is often complex. It involves a number of forms and submissions of documentation. Any errors or mistakes in these can lead to unnecessary delays and a possible denial of your claim. A lawyer, though, can help ensure that you’re following proper procedures.
If your claim is denied, or if there is some dispute regarding the amount of compensation, there are legal means of addressing that. However, these processes are also complex and difficult to navigate. The representation and advocacy that a lawyer offers can often be critical to getting the compensation that you’re seeking. They understand what is needed to make your case.
What Workers’ Comp Covers
The specifics of your workers’ compensation settlement will depend on the particulars of your situation. The primary expenses that workers’ compensation will address are medical costs and wage replacement. The medical cost aspect should be relatively straightforward. Your medical bills should always be entirely covered. This means all doctor’s visits, medications, surgeries, rehabilitation, and other treatment.
Wage replacement can be much more complex. There are limitations that you could be subject to, along with some complexity around how your rate will be calculated. There are also tax differences involved.
For most people, though, their take-home pay will be roughly similar to what they had before the injury. However, it’s a good idea to speak with a lawyer about what would be a reasonable expectation in your situation. While not a guarantee, failing to follow the proper safety measures could hinder your ability to collect workers’ compensation.
Q: What If You Can’t Work the Same Job Anymore?A: There are a few different possibilities of what could happen if the injury is so significant that someone is unable to work the same job anymore. If the injury’s impact is so severe and long-lasting that they will be unable to work again, then it is possible that they may be eligible for permanent disability. However, if the injury is such that they can’t continue the same line of work but could still work, then vocational rehabilitation may be available. Their settlement could cover the costs of training and education for a new career.
Q: When Will a Workers’ Comp Claim Need to Be Filed By?A: If you were injured at work, you will need to initially notify your employer within thirty days of the incident or the discovery of the injury. With an incident as significant as a brain injury, they are usually aware of it soon after it occurs, but if symptoms are slow to develop, then you will want to contact them soon after you notice them. If you are going to need to seek regulatory involvement in the process, then the statute of limitation is usually one year. However, there could be some exceptions, so it’s important that you speak with a lawyer about the deadlines that apply to your situation.
Q: What Could Lead to a Claim Being Denied?A: A denial of a claim could occur if the injury did not happen at work or was the result of an action that shouldn’t have been happening at work, such as horseplay or being under the influence of drugs or alcohol. It’s also possible that a claim could be denied because of an error or mistake with the paperwork and documentation involved. However, working with an Orange County workplace brain injury lawyer can often be critical to avoiding a denial of your claim.
Q: Which Employers Must Have Workers’ Comp Insurance?A: Almost every employer in California is required to carry workers’ compensation insurance. This is true regardless of the number of employees that an employer has as well as whether they are a private firm or a government entity. There are some limited exceptions, and a lawyer can help you understand if they apply to your employer. If an employer fails to have the proper insurance, they could face stiff penalties, while still being liable for any injuries that occur.
An Orange County Workplace Brain Injury Lawyer Could Help You Get the Workers’ Comp Settlement That You Need
If you or someone close to you has suffered a workplace traumatic brain injury, then you are fully aware of just how impactful and costly it can be. The workers’ comp process is meant to take care of those who have suffered these injuries and ensure that their basic needs for medical care and wage replacement are met. Unfortunately, the system doesn’t always operate as straightforwardly as that, and getting the compensation that you’re owed can be challenging.
An Orange County workplace brain injury lawyer, like one from Diefer Law Group, P.C., may be vital to you or your loved one receiving the compensation that you need. We understand the complexity of the laws and processes involved, and we also know the challenges that a traumatic brain injury can present. We work closely with families to ensure that we take every measure and opportunity to seek the compensation that’s owed. To discuss your situation, contact us today.
Orange County Practice Areas
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Diefer Law Group, P.C.
2030 Main Street
Irvine, CA 92614
San Diego, CA 92130
355 South Grand Avenue
Los Angeles, CA 90071
Riverside CA, 92506
34204 Pacific Coast
Dana Point, CA 92629