The Most Serious Workplace Brain Injury in California

October 3, 2024

Traumatic brain injuries (TBI) are among the most serious workplace injuries in California, leading to significant and often permanent disabilities that can last for a lifetime. While recovery from a serious brain injury can be and usually is lengthy and complex, the CA workers’ comp system aims to ensure that injured workers are receiving the necessary care and support to maximize their quality of life and regain as much independence as possible. 

However, due to the crippling nature of the injury, as well as the complexity of the legal system, injured workers often need assistance from an experienced Los Angeles CA brain injury attorney to realize the full extent of benefits, including comprehensive medical care, financial assistance, and rehabilitation services critical for their recovery.

Which is the most serious type of brain injury?

Out of all types of brain injuries that occur in the workplace in California, by far the most serious is a severe traumatic brain injury (TBI).

TBIs typically result from significant impacts to the head, such as falls from heights, being struck by heavy objects (sharp or dull), vehicle accidents, or machinery-related incidents.

Severe TBIs cause very extensive damage to brain tissues and can potentially cause and lead to long-term or permanent disability.

What are the effects of traumatic brain injury?

Severe TBIs can be profoundly disabling, affecting multiple aspects of an individual’s life:

• Cognitive Impairments: Severe TBIs often can cause significant cognitive deficits, including memory loss, impaired judgment, difficulty concentrating, early onset dementia, and problems with executive functions. These impairments can hinder the ability to perform work tasks and manage daily activities independently.
• Physical Disabilities: Physical consequences of severe TBIs can include, several types of paralysis, coordination issues, chronic pain, and motor skill deficits. These types of disabilities can limit mobility and the ability to perform physical tasks and limit the quality of life for the injured worker. 
• Emotional and Behavioral Changes: Severe TBIs can lead to emotional and behavioral issues, such as depression, anxiety, mood swings, and personality changes. These changes can affect relationships and overall quality of life.
• Speech and Language Issues: Many individuals with severe TBIs experience difficulties with speech and language, impacting their ability to communicate effectively.
• Dependence on Care: Due to the extensive nature of the impairments, individuals with severe TBIs may require long-term care, including assistance with daily living activities, home health services, or residential care facilities.

Dealing with Severe TBIs in the Workers’ Compensation System

The California workers’ compensation system is set up to provide comprehensive timely support for employees who may suffer a severe TBI. Here’s how the system is set up to address these terrible and disabling injuries:

Immediate Medical Care

When a worker in CA suffers a severe TBI in the workplace they should be receiving immediate high-quality medical attention. This will often involve emergency medical services, hospitalization, and intensive care for careful monitoring.

Specialized Treatment for TBI

The CA workers’ compensation system is obligated by law to ensure access to specialized medical professionals. These specialists include doctors like neurologists, neurosurgeons, and rehabilitation specialists who specialize in TBI’s. High-quality medical treatment from specialists is crucial for the complex and multi-faceted treatment required for severe TBIs.

Rehabilitation Services

Long-term rehabilitation is essential for severe TBI recovery. The system covers physical therapy, occupational therapy, speech therapy, and psychological support to help the injured worker regain as much function as possible.

Case Management

Workers who sustain a TBI often get assigned a case manager, whose job is to coordinate the various aspects of the injured worker’s treatment, ensuring that all necessary services are provided in a timely and efficient manner.

Utilization Review and Medical Necessity

To ensure that all treatments are necessary and effective, the system employs a utilization review process. This helps to avoid unnecessary procedures and focus resources on beneficial treatments.

How long can a person be off work after a TBI?

The length of time an individual with a severe TBI can expect to be out of work varies significantly based on the injury’s severity and the individual’s response to treatment. It could be weeks to a lifetime of full disability involving in-home care.

• Mild TBIs: Workers might return to work within a few weeks to months.
• Moderate TBIs: Recovery can take several months to over a year.
• Severe TBIs: The absence from work can range from one year to several years. In some cases, the individual may never be able to return to their previous job or any form of employment.

What financial benefits can you get for TBI?

While recovering from a severe TBI, injured workers in California can receive various forms of financial assistance through the workers’ compensation system:

Temporary Disability Benefits

These benefits are provided to workers who are temporarily unable to work due to their injury. Payments are typically two-thirds of the worker’s average weekly wage, subject to minimum and maximum limits set by the state.

Permanent Disability Benefits

If the injury results in a permanent disability, workers may receive permanent disability benefits. The amount is based on several factors, such as, the severity of the disability, the worker’s occupation, and their age at the time of injury.

Medical Benefits

All necessary medical treatments related to the TBI are covered, including hospital bills, transportation to (if neccessary)  doctor visits, medication, and specialized rehabilitation services.

Supplemental Job Displacement Benefits

If a worker who suffers a serious TBI cannot return to their previous job and needs retraining for a new line of work, they may be eligible for a supplemental job displacement benefit, which provides a voucher for retraining or education for a new trade or job/career.

Death Benefits

In the unfortunate event that a TBI results in death, death benefits are provided to the worker’s dependents to cover burial expenses and provide financial support.

Which Los Angeles, CA brain injury attorney near me can help me realize the full extent of the benefits for TBI?

LA Accident Pros is a premier destination if you’re looking for ethical, aggressive, and mindful workers’ compensation lawyers. With more than 50 years of combined experience and a track record of success spanning 20+ years, we’re uniquely positioned to help you realize the full range of benefits. Reach out today to schedule an appointment at our headquarters in Westlake, or any of our other three Los Angeles locations, and let our proven specialists ensure you get what is rightfully yours!