When you or a loved one sustains a head injury on the job—even one that doesn’t seem that serious at first—life can change forever. If you suspect brain damage from a work injury, you can’t expect the workers’ compensation insurance company to make your life easier or better.
Traumatic brain injuries (TBIs) are some of the most highly complex cases in workers’ comp. Regardless of the severity of your head or brain injury at work, you qualify for workers' comp benefits. The question is, how severe is it? That answer's often hard to see at first, especially when your injury keeps you from thinking straight.
Even the South Carolina Supreme Court calls these cases “medically technical.” They are often the hardest fought. The insurance company knows it will have to pay maximum benefits and lifetime medical care if you have a severe brain injury, and you can’t expect it to do that without a fight.
But you can’t afford to give up or risk doing it wrong, since you have too much to lose.
What Type of Brain Injury Qualifies for Maximum Workers' Comp Benefits?
Not just any brain damage will do. Your work-related brain injury must be severe, permanent, and physical. Let’s break down what that means:
- Severe. Severity is the key factor: your brain injury must be so bad you cannot return to work.
- Permanent. Your medical team will need to prove it’s likely your brain will never fully recover.
- Physical. This can be the hardest factor to prove. It often involves scientific medical tests to detect the existence and nature of the brain injury. There are basically three ways to prove physical brain damage: (1) CT or MRI scanning; (2) cognitive behavioral level of functioning; and (3) neuropsychological testing. The first two can be inconclusive. Believe it or not, sometimes physical brain damage does not appear on scans. Sometimes the neuropsychological testing provides the best evidence of a brain injury. In fact, neurologists—brain doctors—can consider them an in-depth test whose results they can look at like a scan.
Don't Go It Alone- The Stakes are too High, and You're Already too Disadvantaged
If you or a loved one became brain-damaged at work, your life is already an uphill struggle. The workers comp insurance company has billions of dollars, and will spend it to beat you before they spend it to help you. It has legions of clear-headed professionals trained to shortchange you. And it already has a lawyer on retainer, who may already be working against you.
You need guidance from a skilled legal professional to help safeguard your medical care and push the insurance company to get you to the right experts- or send you to them, if the insurance company won't budge. An experienced workers’ comp lawyer can help prove you need workers’ compensation brain injury benefits. To do it, he may need to refer you to an expert to help prove your brain injury qualifies.
Don't be the only amateur in a fight that may decide whether you get critical lifetime financial benefits and medical care. To help build a case to get the benefits you need, before it’s too late, call an experienced workers' compensation attorney You can call us toll free at 888-230-1841 or fill out a Get Help Now form.