Can I Get Workers’ Compensation for a Brain Injury?
A traumatic brain injury can be caused by almost any violent event on the job – a car accident, an equipment malfunction, a fall or a falling object. It happens working at construction sites, in factories, delivering goods, and serving the public.
In North Carolina, workers’ compensation insurers are required to provide lifetime disability benefits and medical compensation for workers who have suffered a severe work-related brain injury. In addition to compensation, they are also obligated to provide care attendants for those unable to care for themselves after a debilitating accident.
And while it can be difficult to prove the severity of a brain injury, an experienced workers’ compensation attorney can help you obtain compensation for its impact on your life. If you have sustained a severe head injury on the job, please call 704-333-0885 to schedule a free consultation with an experienced North Carolina workers’ compensation lawyer today.
Key Questions Surrounding Brain Injury Claims
Workers’ compensation claims involving traumatic brain injuries often pose questions that must be answered by an expert medical team:
1. Can doctors prove physical brain damage from scans and testing?
2. Is the brain injury severe enough that the patient cannot return to work?
3. Was the injury caused by a work-related accident?
4. Are the patient’s resulting physical, cognitive, behavioral, and mental impairments permanent?
5. How will the patient’s symptoms and disabilities affect the rest of their life?
The answers to these questions vary based on the circumstances and severity of each case. But the recommendations and opinions from a neurologist, psychiatrist, psychologist or rehabilitation care specialist are critical to receiving workers’ compensation benefits.
How to Receive Wage Compensation for a Severe Brain Injury
If an expert medical testimony determines that a worker’s brain injury is categorized as severe, then the employee may be deemed permanently and totally disabled. This may entitle them to lifetime disability benefits and lifetime medical compensation, as opposed to a limited 500 weeks of benefits during disability.
Severe brain injuries typically include the following:
- Severe and permanent sensory or motor disturbances
- Communication disturbances
- Complex integrated disturbances of cerebral function
- Or neurological disorders
At Campbell & Associates, we help traumatic brain injury victims seek workers’ compensation benefits in
order to receive the medical and rehabilitation care they need. Therefore, a TBI victim’s financial
resources should not dictate their ability to receive necessary tests and treatments.
Do You Need Safety Care or Attendant Services?
A medical-related legal issue, especially in the realm of workers’ compensation, is whether a brain injury
patient requires safety supervision or attendant care due to their cognitive, behavioral, or emotional
Some patients lose the ability to safely drive, cook, handle tools, or use appliances. When a patient
cannot be left unattended without supervision, they may need professional nursing services, a
companion care provider or even a family member or friend to offer potential help.
When patients require physical assistance with medications, cooking, bathing, or shopping, they may
require a similar attendant who offers more hands-on help.
Although these types of assistance typically do not require professional nursing skills, a main issue in
workers’ compensation claims is to consider potential benefits for a spouse, family member or friend
who provides care services.
How to Be Compensated for Safety Supervision or Attendant Care
While a physician may recommend professional services for attendant care, the Workers’ Compensation
Act states that even friends or family can be considered medical providers. This means that they can
also receive compensation for their services on behalf of traumatic brain injury victims.
- Based on applicable statutes, such compensation requires a qualified physician’s order stating that such services are medically reasonable and necessary.
- Proper notice of such claims must also be filed in a timely manner to the employer or its workers’ compensation representative.
Contact a Workers’ Compensation Lawyer Today
If you or a loved one has sustained a TBI on the job, contact the brain injury lawyers at Campbell & Associates. Our experienced North Carolina workers’ compensation lawyers will help you navigate the legal system while ensuring that you receive the medical help you need. Call Campbell & Associates today to speak to one of our qualified workers’ compensation attorneys at 704-333-0885.