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Phone: 864-582-0416
Holland & Usry, P.A.

The Stakes Are High: Proving Brain Damage From a Work Injury

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. Even the South Carolina Supreme Court calls them “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 brain injury, and you can’t expect it to do that without a fight.

But you can’t afford to give up, since you have too much to lose. An experienced workers’ comp lawyer can help you 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.

How Has Your Brain Injury Impacted Your Life?

Not just any brain damage will do. To get benefits, 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.

If you or a loved one became brain-damaged at work, your life is already an uphill struggle; don’t let your case be one too. Call us at (888) 230-1841 or (864) 582-0416 to help build a case to get the benefits you need, before it’s too late.

Let us fight the battle for you. If you’re too tied up caring for your loved one, or you’ve suffered the injury and it’s too hard to get out, feel free to email us or start a live chat right where you are. We can come to you.


Rob Usry
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Rob is a Spartanburg personal injury lawyer. Rob also practices as a criminal defense attorney.