Head and Brain Workplace Injury Attorney
One of the most prevalent forms of injuries workers sustain on the job is a concussion. They can cause disastrous changes in a person’s cognition, focus, emotions, vision, and physical capacities, rendering him unable to work or engage in day-to-day activities, sometimes permanently.
Brain injuries are one of the most hazardous on-the-job injuries that employees and businesses can suffer. It’s also one of the most challenging conditions to diagnose. Brain and head injuries can be extremely expensive in terms of insurance company claims and workers’ compensation claims, and their effects can last for years.
If you or a loved one has suffered a serious brain injury or head injury while at work, you are likely eligible for workers’ compensation. Contact the Iowa head and brain workplace injury attorneys at the law offices of Mueller, Schmidt, Mulholland & Cooling. Our personal injury attorneys are here for you and offer a free initial consultation.
Why Do You Need a Workers’ Compensation Attorney?
One of the first questions you may have after sustaining a head injury, often referred to as a traumatic brain injury (TBI), in the workplace is, “When should I contact a workers comp attorney or a brain injury attorney?” You may also wonder if you need an attorney and what kind of help they can provide and how much it will all cost. Filing a workers’ compensation claim can be difficult when there is so much uncertainty on top of an accident.
Because the workers’ compensation system exists to assist injured workers, many wounded workers believe they do not require the services of a workers’ compensation attorney. However, this is not always the case. There are many scenarios that require a worker to employ a personal injury attorney after a workplace accident, especially in the event of a head or brain injury. In the event of the following, you may want to hire a workers’ comp lawyer:
- When you have pre-existing conditions
- When you have filed a previous claim
- Multiple injuries
- You have been cleared for work
- Your initial claim has been delayed or denied
- Your employer says you are not covered by workers’ comp insurance
- You qualify for Medicare
- You want a second opinion or a different doctor
For persons who have been injured at work, the workers’ compensation system is designed to pay loss time benefits, medical costs and medical expenses, lost wages, permanent injury and other benefits. Workers’ compensation serves two purposes: it ensures that employees receive benefits following workplace injuries, and it prevents businesses from being sued if a worker is injured.
Head and Brain Injuries in the Workplace
As you might expect, head and brain injuries are the most expensive type of workers’ compensation claim for both the injured worker and the employer. Traumatic brain injuries (TBI) affect more than 5 million people in the United States. The majority of these brain injuries occur as a result of car accidents and falls during the course of work or on work duties.
An injured worker may experience loss of consciousness, exhaustion, memory loss, cognitive impairments, impaired attention, headaches, and other neurological deficits after sustaining a traumatic head injury. Closed head injuries are another name for these types of workplace injuries. Due to the nature of the injury, injured workers with brain injuries or closed head injuries often have trouble in the early diagnosis phase.
Many diagnostic examinations and a succession of specialists or physicians who may be able to establish a treatment plan or prognosis will almost certainly be required of the injured worker. Furthermore, the employer and its workers’ compensation insurance carrier are likely to argue the causality or residual effects of the closed head injury on the underlying job injury.
If the employee has a more significant brain injury, he or she may experience a coma, concussions, or even death. Head and brain injuries often require significant therapy. Assisted living arrangements, a series of diagnostic tests, a slew of neurological specialists, experimental testing, and medication may all be required.
It may also necessitate regular hospital visits, home modifications, or medical transportation and accommodations. In many cases, a TBI will result in the claim being classified as catastrophic and receiving Social Security Disability benefits. These workers’ compensation cases should be taken seriously since they are long-term claims that could turn into a legal battle.
Common Causes of Head and Brain Injuries in the Workplace
Employees who work on a construction site or on an assembly line are more likely to be exposed to potential brain and head injuries. However, any employee in any type of workplace is susceptible to such injuries.
- • Employees can be prone to tripping over loose carpets.
- • They can slip on a stairwell, particularly if it has been flooded by a leak or spill.
- • An employee could be operating machinery and suffer a head or brain injury.
- • They can even stand up at the wrong time and hit their heads on open filing cabinets, causing catastrophic or serious injuries.
- • A worker could be driving for the company either on a delivery, sales call, client meeting, or other driving commitment and get in a car accident causing a head injury or brain injury.
- • Employee conflicts/arguments have even resulted in brain damage in some situations.
The majority of head injuries are not visibly obvious. Employees are frequently confronted with the aftermath of minor injuries that build over time. Many people have regularly injured their heads in seemingly insignificant ways, but the cumulative effect can be devastating.
Brain injuries can happen to anyone at any time. What appears to be a minor bump on the head now could turn into a significant issue in the future. It is always important that brain injury victims seek medical treatment as soon as possible after an accident.
Who is Liable for Your Head and Brain Workplace Injury?
- Workers’ Compensation Benefits: Workers’ compensation provides medical care and monetary rewards to employees who are injured as a result of an accident that occurs during the course of their employment. Workers’ compensation is the sole remedy for a workplace head injury.
- Social Security Disability: You may be eligible for both workers’ compensation and Social Security Disability benefits. You must prove that your symptoms prevent you from returning to any employment that you have had in the last 15 years to get Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments for a work-related brain injury. Depending on your age, education, and job experience, you may also need to demonstrate that you are unable to perform other tasks. If you’re 50 or older, it’s easier to qualify for SSDI or SSI.
In some cases, workers’ compensation is not your only option, and you can file a civil lawsuit against your employer (very rarely) or a third-party (more likely). However, under tort law/personal injury law, you must show that the third person was negligent, which can be a tough legal issue to prove. If your head injury was caused by another motorist, a defective product, unsafe working circumstances, or dangerous property conditions, you may be eligible for workers’ compensation and additionally file a personal injury claim.
Classifications of Brain Injuries
Brain and head injuries come in a variety of forms, but they all fall into one of three categories:
- Mild: A person with a mild traumatic brain injury has had a traumatically induced physiological disturbance of brain function, as evidenced by at least one of the following symptoms: (1) any loss of consciousness; (2) any loss of memory for events that occurred immediately before or after the accident; (3) any change in mental state at the time of the accident (e.g., feeling bewildered, disoriented, or confused); and (4) focal neurological deficits that may or may not be temporary.
- Moderate: When a person’s brain function changes lasting more than a few minutes after trauma, this is referred to as a moderate head or brain damage. Symptoms may resemble those of a mild brain damage, but they do not go away and may worsen with time.
- Severe Because there is a possibility of serious brain damage, severe head injuries require prompt medical attention. When it comes to assessing brain injuries, the Glasgow Coma Scale (GCS) is frequently utilized. This is a scale that ranges from 3 to 15, and it determines the severity of your head injury depending on your symptoms and whether or not your brain has been injured (with 3 being most severe and 15 the least severe). A minor head injury is indicated by a GCS score of 13 or above. A moderate head injury would be a score of 9 to 12. A person who has suffered a severe head injury will receive a score of 8 or less.
Your head injury will be classified as severe by doctors shortly after it occurs. Your level of consciousness and responsiveness to cognitive, behavioral, neurological, and visual signals determine if you have sustained a severe, moderate, or mild brain injury. A mild traumatic brain injury, commonly known as a cerebral concussion, is the most frequent type of head injury. A mild traumatic brain damage can have major long-term consequences. Some claims adjusters and judges have trouble comprehending this.
Contact the Workers’ Compensation Attorneys at Mueller, Schmidt, Mulholland & Cooling
If you, family members, or a loved one has experienced a serious brain injury or head injury while at work, allow us to handle your case while you focus on healing and rehabilitation. One of our experienced Des Moines brain injury lawyers can help you through the claim process and handle insurance adjusters.
The Des Moines personal injury lawyers at Mueller, Schmidt, Mulholland & Cooling can go over your legal options and provide legal advice during a free case evaluation and help file a personal injury claim lawsuit or wrongful death claim on behalf of a loved one’s estate, in addition to a workers’ comp claim. You can reach us online or by phone at
(515) 444-4000 Our law firm is located in Des Moines, IA.