St. Louis Brain Injury Lawyer
If you are suffering from any type of brain damage due to a work-related injury, you are entitled to receive workers’ compensation benefits in Missouri.
Brain damage that results from a work-related accident or incident is not always easy to define. Medically speaking, brain damage is considered to be any injury that causes the destruction or deterioration of brain cells. Severity differs greatly from case to case, as well as the symptoms, and its cause could be any type of trauma to the head.
If you are suffering from any type of brain damage resulting from a work-related injury, you are entitled to receive workers’ compensation benefits in Missouri for the treatment of your condition, as well as any wages lost as a result. Depending on the severity, you could also qualify for disability benefits, which ensure that you can receive benefits for the rest of your life if it is found that the condition is irreversible.
If you are unsure of what you qualify for or are having a hard time receiving your workers’ comp benefits after a brain injury, contact the Law Office of James M. Hoffman 24/7 for a free and private consultation.
What Type of Missouri Workers are at Risk for Brain Damage?
Approximately 1.7 million Americans suffer some form of traumatic brain injury every year. Unfortunately, most of these incidents happen on the job site. Brain injuries are one of the leading causes of death and disability in the workplace.
Work-related brain injuries are most often the result of a blow to the head. This type of injury could come from a fall or from being struck by a falling object. Construction workers, cable installers, and individuals who drive as a part of their work duties are most susceptible. The most important thing to understand is that no matter how mild the injury may seem, it should still be reported to a supervisor and examined by a doctor. There is no predictability when it comes to a brain injury, and what appears to be just a mild bump now could quickly turn into something more serious in just a few hours.
Common Work-Related Causes of a Brain Injury
Many jobs require employees to maneuver heavy machinery or work in unsafe environments, in high places, or on slippery surfaces. The causes of traumatic brain injuries can vary quite a lot.
Common causes of brain injuries in the workplace are:
- Falling objects
- Failure to use protective gear and devices, such as hard hats and seat belts
- Vehicle accidents (they can result in a concussion if the impact is great)
- Slipping and falling
- Heavy machinery accidents
How is Brain Damage Diagnosed?
Diagnosing a brain injury will depend heavily on the types of symptoms you are experiencing. Your physician will check for signs of speech impairment, memory loss, and vision problems. They will also ask about any loss of consciousness after the accident. Imaging tests such as MRI and CAT scans will be performed to look for signs of swelling and bleeding on the brain. In many cases, it is impossible to tell the extent of the injury right away until the brain begins to heal.
With severe brain damage, life-altering debilitating issues are common. These could result in permanent behavioral, cognitive, and physical disabilities. For some, dependency on others for care could last a lifetime.
Symptoms of a Traumatic Brain Injury
If you experience one or more of the following symptoms after a work-related accident, you may have a traumatic brain injury. Seek immediate medical help and monitor your symptoms.
- Memory problems
- Confusion, disorientation
- Your senses are distorted (hearing, sight, touch, smell, taste;)
- You are not talking normally
- Mood swings and sudden changes in emotions
- Nausea and vomiting
- Headaches
If a work accident is followed by such symptoms, medical attention is needed as soon as possible. Make sure to file a report of the accident as soon as possible, in writing, and then get in touch with an experienced St. Louis workers’ compensation attorney.
What Should You Do if Diagnosed With Work-Related Brain Damage?
If you did not report the incident or accident which caused the brain damage to your employer, you should do so as soon after the diagnosis as possible. Treatment for brain injuries can be very expensive, and you will want to ensure all expenses are covered from the start.
Due to the complexity of a brain injury and the varying severity and symptoms that go with it, you may find that your employer’s workers’ compensation insurance will make attempts to stop your benefits before you are fully recovered. If this happens, an experienced attorney can advise you on what steps to take next.
How Can a Brain Injury Affect Your Ability to Work?
Physical Limitations
The most obvious way a brain injury can limit you at work is through physical limitations. This could be something as simple as a loss of coordination, making it difficult to operate machinery or tools. Or it could be more serious, like paralysis or loss of sensation in your limbs. In either case, physical limitations can make it hard to do your job and could even lead to being let go from your position.
Psychological Limitations
Another way a brain injury can limit you at work is through psychological limitations. This could manifest as depression, anxiety, or post-traumatic stress disorder (PTSD). These conditions make it hard to concentrate on your work or interact with co-workers.
Cognitive Limitations
A brain injury can also lead to cognitive limitations, such as problems with memory, attention, and executive function. You may have trouble remembering tasks, keeping track of information, or making decisions. These difficulties can make it hard to do your job well, which could lead to poor performance reviews or even getting fired.
Communication Limitations
A brain injury can limit your ability to communicate effectively. This could be due to problems with speech, language, or hearing. It could also be because of difficulty understanding or processing information. These communication difficulties can make it hard to follow instructions or participate in meetings. They can also make it difficult to build relationships with co-workers, which could lead to conflict or isolation.
All these limitations can make it hard to do your job and earn a living. If you have suffered a brain injury at work, it’s important to know what to do. Here’s what you need to do after a brain injury:
- Get medical help: If you think you might have a brain injury, it’s essential to get medical help as soon as possible. This is important for two reasons; first, a TBI is a serious condition that can have lasting effects. And second, you will need to document your injury for potential workers’ comp or disability claims.
- Tell your employer: Once you have been seen by a doctor, you should tell your employer about your injury. Again, this is important for two reasons: first, your employer needs to know about the injury and how it happened. And second, you will need to begin the process of making a workers’ compensation or disability claim.
- Get legal help: After you have been injured, you should consider getting legal help. An experienced attorney can help you navigate the workers’ compensation or disability claim process and can also help you understand your rights and options.
When a Brain Injury Leads to Permanent Disability
Employees who are permanently injured from a work related incident are entitled to benefits for the rest of their life. In the case of a brain injury, where ongoing care is often necessary, medical benefits may also be provided. The only way to ensure that you are receiving the maximum amount of your rightful workers compensation benefits is by having a qualified workers compensation attorney look at your specific case.
Workers’ Compensation Benefits for Brain Injuries
Our legal team has a strong history of helping injured workers get the medical attention and financial compensation they need. Contact our St. Louis, Missouri workers compensation law firm to ensure that your rights are protected. Please call (314) 361-4300 or toll free at (314) 361-4300. You can also complete our Online Case Evaluation Form.