Have you suffered a brain injury on the job? Getting the compensation that you deserve isn’t always easy. When you need a brain or head injury workers’ compensation lawyer in Greenville, Bobby Jones Law is here to take your case.
Brain and head injury cases can be complicated. We’re not afraid to take complex cases and win. Call or message us now to talk about your situation.
Legal Representation for Workplace Brain and Head Injuries
If you suffer a brain injury at work, South Carolina law is meant to protect you. You may deserve:
- Paid medical care
- Time off work if needed to heal from your injuries, with replacement income
- Payment for permanent disability resulting from your injuries, including the possibility of lifetime benefits
- Third-party compensation if someone besides your employer is legally at fault
You need experienced legal representation to help you if you’re hurt in the course of your employment. Having a Greenville brain and head injury lawyer ensures your rights are protected.
At Bobby Jones Law, we give our all to each case. When you have a serious injury, you need serious results. Contact us now for a free consultation.
Brain Injuries in the Workplace
Causes of brain injury in the workplace:
- Slip and fall
- Piercing from an object
- Explosion and fire
- Motor vehicle accidents
- Heavy equipment malfunction
- Assault or intentional trauma
- Toxic exposure
A brain injury may be penetrating, like when an object pierces the brain. It could also be a closed injury that doesn’t have outward visible symptoms.
The extent of a brain injury is typically not known right away. Immediate effects may be apparent, but secondary changes in the brain can take hours or days to fully manifest after the initial trauma.
(Johns Hopkins Medicine, Traumatic Brain Injury)
Workers’ Compensation for Brain Injury in Greenville, South Carolina
If you suffer a brain injury while on the job in Greenville, you may deserve workers’ compensation. Even without proving who is at fault, you may access benefits.
Our law firm can assist you with:
- Ensuring the injury is reported correctly
- Filing for benefits
- Proving that you have suffered a brain injury and how it is impacting you
- Getting the correct calculation of your pay for lost work
- Fighting back against unreasonable demands that you continue working or perform tasks that will further aggravate your injuries
- Demanding hearings and challenging denial of your benefits
- Understanding the full range of benefits and your legal rights and taking the proper steps to claim what you deserve
Brain trauma often accompanies other injuries. Our team can examine the entire situation to determine how to pursue your case.
What are the symptoms of brain injury?
It’s common not to have visible signs of a brain injury. However, the symptoms can last long after the injury occurs. Some damage may even be permanent.
Symptoms of brain injury may include:
- Cognitive difficulties
- Lingering headaches
- Problems concentrating
- Memory loss
- Changes in mood, mental health problems
- Sensitivity to light, changes in the senses
- Poor judgment
- Motor deficits, communication difficulties
It’s possible that these symptoms appear after a period of time. They may linger despite rest and following doctor’s orders.
These symptoms are very real difficulties that people have when they suffer from a brain injury. You deserve the rest you need from work, medical care at no cost, and disability benefits that are owed to you under the law.
Does a Brain Injury Qualify for Workers’ Comp?
Yes, brain trauma is an injury that qualifies for workers’ comp. If you suffer from a brain or head injury in the course of your employment, it is a qualifying injury whether or not you have other injury.
How do you prove brain injury?
Brain injury is typically proven with neurological exams and imaging tests. Neurological tests show cognitive function, motor skills, and sensory performance. Imaging may show trauma to the brain, but it’s possible to have an injury without visible signs on a scan. At a hearing, expert testimony may be key to explaining test results.
What can I do if workers’ compensation benefits have been denied for brain trauma?
If you aren’t getting the workers’ compensation benefits that you deserve for brain trauma, you can appeal the decision. It’s sadly common that many employers and their insurance companies try and minimize payments. You may need to challenge their decision by requesting a formal hearing.
A lawyer can help you make your appeal effective. Time limits apply to request a hearing, so don’t wait to contact us. We can assist you in filing the appeal and presenting your case.
South Carolina Law and Case Law for Brain Trauma Workers’ Compensation
S.C. Code § 42-9-10 removes the benefit limitation maximum for physical brain damage. Typically, workers’ compensation benefits are available for a total of 500 weeks. However, the limitation doesn’t apply when a victim suffers from physical brain damage. In that case, the victim may receive lifetime benefits.
Courts have provided guidance on the interpretation of “physical brain damage” for the purpose of lifetime benefits. Sparks v. Palmetto Hardwood, Inc., Op. No. 27229 (S.C. 2013); Crisp v. SouthCo., Inc, Op. No. 27230 (S.C. 2013). In Sparks, a piece of metal exploded, and the victim suffered a head injury. The claim centered on whether the victim was properly awarded 500 weeks of permanent and total disability or should have been awarded lifetime benefits for physical brain damage. The court said that for permanent benefits to be awarded, the brain damage must be a permanent and severe impairment of normal brain function. It should be of a severity that is consistent with the other injuries placed in the same category within the law – paraplegia and quadriplegia.
Ultimately, the victim may be awarded disability benefits for a period of weeks or lifetime benefits for a brain injury. It depends on the severity of the injury. It is a question that may be a point of dispute in a workers’ compensation claim. The victim must be prepared to respond to any mischaracterization of their injury and litigate their right to benefits.
We Fight for Greenville, SC Brain Injury Victims
Numerous large companies operate in the city of Greenville, and thousands of people work for small businesses. Sadly, some of these workers will suffer traumatic brain injury on the job this year.
You don’t have to suffer without a Greenville brain injury lawyer. At Bobby Jones Law, we represent victims in getting their benefits and fair compensation for an on-the-job injury.
Contact us today online or by phone. Start a consultation with no obligation. We are truly here to help. Get answers to your questions and see how we can assist with your case.