If an employer’s negligence resulted in your concussion, you are entitled to pursue a workers’ compensation claim. However, if your injury was caused by a third party and not your employer then you are eligible to file a personal injury lawsuit against the negligent party.
Can You Sue for a Concussion at Work?
A concussion is a mild form of traumatic brain injury (TBI) or head injury that leads to temporary cognitive issues. A concussion is usually caused by a direct blow to the head or when the head is subjected to a powerful jarring motion. The force experienced by head injuries makes the brain strike the inside of the skull to damage brain tissue.
In recovery, victims are often required to reduce physical activity. Victims are also asked to avoid too much social interaction. These restrictions can certainly hamper the ability of victims to return to their jobs and earn a living. Victims in this situation are encouraged to seek financial support through a personal injury claim and workers’ compensation.
An experienced Los Angeles concussion injury lawyer can help secure the highest settlement and workers’ compensation possible. They would investigate your case to collect evidence demonstrating the fault of the negligent party. The lawyer would also show the victim’s need for financial support during recovery.
Causes of Concussions in Los Angeles Workplaces
Construction sites, farms, offices, and anywhere else you punch a clock may provide a paycheck, but is your employer concerned with your safety? If you are injured on the job, you could immediately face thousands of dollars in doctor and physical therapy bills. You may also be out of work, losing paychecks, and have little chance of paying your bills and supporting your family.
A concussion suffered at the worksite is often caused by one of these workplace hazards:
- A physical assault from another employee
- A fall on the job
- Hit by falling objects
- A strike to the head while working with power tools or machinery
- An impact in a car accident as a driver, passenger, or pedestrian while working for your employer
In all of these instances, a third party could be found negligent, even when not directly involved in causing your concussion. We have created a personal injury guide that you can use for a better understanding of when an injury is caused by an accident and when it’s caused by negligence.
Symptoms of Concussions
Concussions are generally categorized into three grades of severity. The grades consider the amount of damage to the brain, not how hard victims hit their heads.
Grade One is considered mild and usually lasts only a few minutes. Patients usually don’t lose consciousness. Doctors label Grade Two concussions as moderate. Consciousness isn’t usually lost, but symptoms may last longer than 15 minutes.
Grade Three concussions are the most severe. Patients usually lose consciousness, but only for a short time.
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Some Los Angeles health care providers use other post-concussion scales to determine the severity of a concussion. These scales include a list of symptoms and a numerical rating of discomfort and seriousness.
Some of the most common concussion symptoms include:
- Headache or migraines
- Pressure in the head
- Memory issues
- Blurred vision and trouble speaking
- Sensitivity to light or noise
- Mood swings
- A dazed look that doesn’t go away
Concussion Warning Signs That Mean You Need Medical Attention
Many concussions are so light victims don’t even know they’ve had one. However, there are some warning signs that should alert you that you need medical care.
These are a few of the symptoms to take very seriously:
- Repeated Vomiting
- Headaches that get worse and don’t go away
- Lack of control of body parts
- Loss of consciousness
- Changes in Speech Patterns
How Much Is a Workplace Concussion Injury Worth in Los Angeles?
Concussion victims can file a claim for damages against an employer through a workers’ compensation benefits claim. Also, they can file a personal injury claim against any third party that contributed to the negligence that caused the accident.
The hardships the patient has endured and will endure are organized and submitted in a list with the workers’ compensation benefits claim. A Los Angeles personal injury lawyer would create a comprehensive list to make sure every damage the client has suffered due to the concussion is included.
These are just a few of the economic and non-economic damages that determine the amount victims receive from a settlement check:
- The total for all medical bills received and those expected in the future.
- All medical treatment, rehabilitation, and physical therapy costs.
- Costs of medication.
- Physical pain and emotional trauma experienced.
- Loss of enjoyment of life. Loss of Consortium (Intimacy with a spouse or domestic partner).
- Reimbursement for the lost wages forfeited as the patient is unable to work.
Providing Evidence for the Effects of a Concussion on Your Life
Your Los Angeles Concussion Injury Lawyer will help you gather several documents to prove the hardships you’ve been forced to endure.
Your medical documentation will be the strongest evidence of what you’ve been through and the care you may need in the future in the case of post-concussion syndrome. Medical experts will testify to your suffering and also show how other concussion patients have had their lifestyles changed over the long term.
Your employment records demonstrate how much time you’ve missed and the lost wages you’ve had to say goodbye to. Testimony from family members can provide a window into any possible post-concussion syndrome and changes in your life since your accident.
What to Do on the Scene of a Workplace Concussion in Los Angeles
Of course, your Southern California Injury Attorney won’t be on the scene when your concussion occurs. This is a good time to gather the best evidence for your insurance claim, but it will be up to you to secure it.
Only take action if you are feeling up to it. If your concussion symptoms are too severe, ask a coworker or helpful bystander to gather a few important details for you.
- Call 911 no matter how minor you think your injury or concussion is. Tell ambulance crews about every pain you have. Go to the emergency room if necessary.
- Cooperate with the police. If you were assaulted by a coworker, you would have to report a crime. Tell the police everything you remember about the physical attack.
- Notify a supervisor of your injury. Most businesses will have a manager write up an incident report. This report can be valuable evidence.
- Get the names of any witnesses and find out how your personal injury lawyer can contact them later.
- Take photos of the hazard that caused your concussion or of the area where it happened. If a malfunctioning machine hurts you, take photos of it. Take pictures of any visible head injuries and damage to personal property.
Contact a Los Angeles Brain Injury Lawyer
A concussion suffered in the workplace may be a clear-cut case of negligence, but insurance companies will still fight to keep recovery and workers’ compensation benefits out of your hands.
Discussing your case with a Los Angeles Personal Injury Attorney can save you from making critical mistakes when dealing with the insurance provider for your employer. These common pitfalls could cost you thousands of dollars in medical bills, medical treatment, workers’ compensation, and the support you need to recover physically, emotionally, and financially after a traumatic brain injury.
Contact Allen Vaysberg and the Law Offices of Steers & Associates for a free, no-obligation consultation to find out how we can help you.
Allen Vaysberg practices personal injury law and works tirelessly to defeat the tactics of insurance companies and large corporations who try to deny justice and fair compensation to injured people.