Brain or Head Injury at Work? What Are Your Rights?
Brain or head injuries at work can be severe, incapacitate you and even cause death. A life that was once normal and complete, can easily turn into a nightmarish void. A family that has depended on you as the breadwinner may find themselves unable to pay the normal bills and now be faced with higher medical bills. All that you have worked hard for can easily be taken away from you in a single day with a tragic head accident. Most of the time workplace brain and head injuries can be prevented. Was a hard hat available to you, if so were you wearing it? Did the company provide the proper, functioning equipment? Was there a slip and fall situation that could have been prevented? If you have been injured at work do you know what you steps you should take now and do you know what rights you have?
Personal Injury Laws
The first thing you should do with any workplace injury is to immediately seek medical care. If you have severe injuries you should call 911 and get to the hospital as soon as possible. After you have been released you will need to document all that has happened and why. Make sure you report the accident to human resources and management if they are not already involved in the situation. Make sure any statement you make is simple and just lets them know you were hurt on the job and what took place, the shorter the statement the better.
If you have been injured at work, it may be a good idea to seek workers compensation and understand that you should be protected under worker rights laws . In addition, personal injury laws can help you get the needed medical compensation that you are entitled to that goes beyond workers compensation.
Remember, all employers have the responsibility and obligation to provide a safe working environment and if you are injured at work they must take care of you and your medical bills. If an object falls and hits you on the head or if your slipped or tripped as a result of unstable stairs, objects a slippery floor, you should easily qualify for workers compensation. Even if you have a safe workplace and a great boss, things happen and your employer needs to protect you from unseen situations and dangers and provide compensation if and when they do occur. Your employer has insurance to protect both you and the company against workplace injuries.
Compensation
Simple workplace injuries are covered by the company’s workers compensation policy and will pay workers for lost wages and medical bills, but at times this is not enough. You may need to seek personal injury compensation and that is not always easy. Your employer will probably deny any charges of negligence and on the same note, you may lack sufficient evidence in the court of law to prove your case.
In severe cases like this you will need professional guidance and a personal injury attorney to help you make the right decisions. A personal injury attorney will help you establish whether you have a strong case or not and help ensure that you make right decisions from the start. In most cases, personal injury cases are successful and may even settle without going to court. If your personal injury attorney recommends that you move on with the case, you are likely to win. Personal injury attorneys normally work on a contingency basis and they do not like to work for free. If a contingency lawyer says to move forward with the case they have a strong feeling that you will win.
Court Case
It is good to remember that many head or brain injury cases don’t make it to court. Most personal injury cases will be settled out of court and this is where your personal injury attorney is very important. Your personal injury attorney will help negotiate for the right compensation that will ensure that the out of court settlement will take into account all current and future medical bills and any loss of work or salary that you will incur. Your attorney is there to make sure that you will receive full compensation for your injury and loss. Your lawyer ensures that the offender in question pays everything to cover your expenses and if they refuse the case will move to court.
Getting Help
If you or a loved one has been injured at work you should seek the guidance of a personal injury attorney for your own protection. A personal injury lawyer will not only help you get the workers compensation you are due, but other benefits like, rehabilitation, long-term care and possibly damages. Further information on Traumatic Brain Injury or (TBI) can be found on the Mayo Clinic website and The National Institute of Neurological Disorders and Stroke website. Always remember, a brain or head injury at work is never a simple matter, seek legal advice.