Most people would like to avoid accidents at work. Employers will typically make it a top priority to protect employees, to keep an organized workflow, build morale, and avoid potential legal problems.
Despite all workplaces having set safety standards to follow, not all workplace injuries can be avoided. In 2024, California reported 344,500 non-fatal workplace injuries. While these accidents weren’t fatal, it’s important to note that any injury can lead to further life-changing complications, like a brain injury.
If you sustain a concussion at work, speaking to a Bakersfield brain injury lawyer can be a great first step in finding out if you may be entitled to compensation for your injury.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is a brain injury caused by an outside force, such as a bump to the head. If you accidentally bump your head on a desk or against a wall, that doesn’t mean you’ll immediately get a TBI, but it’s important to adopt certain behaviors to curb potential dangers.
TBIs can cause temporary or short-term problems with your capability to think, comprehend, communicate, and act. If the TBI becomes severe enough, it can lead to a debilitating condition or death.
There are two types of TBIs:
- Penetrating– This is when an item pierces the skull and lodges itself within brain tissue. The damage of this impact is centralized to the location of the item.
- Non-penetrating– This is the most common TBI as it encompasses all blunt forces that can move the brain within the skull, leading to bruising, bleeding, or swelling of the brain. Concussions often happen because of non-penetrating TBIs.
Taking preventative measures to protect your brain as much as possible makes it less likely you’ll have to face the consequences of a serious head injury.
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Common Symptoms of a Concussion
The following are common symptoms that can develop after a concussion. Physical symptoms develop immediately after the impact. If you experience any of the following symptoms, it’s recommended to seek medical attention within the first 24 hours after an injury:
- Headache
- Confusion
- Memory Problems
- Nausea
- Fatigue
- Blurred vision
- Numbness
If you experience the following symptoms, it’s important to go to the hospital as soon as possible. The manifestation of these symptoms implies that your concussion is much more dire than average.
- Loss of consciousness
- Seizures
- Paralysis
- Unresponsive pupils
- Repeated vomiting
In some cases, a TBI from a concussion due to work hazards can have fatal consequences. This can lead to wrongful death claims to hold those responsible accountable.
How to Recover from a Concussion
After experiencing a concussion, the best thing you can do is rest. Monitor your symptoms and do not overexert yourself with exercise, work, or anything too physically intensive. Talk to your employer about your condition as well if you’re in a physically intensive environment.
However, this depends on your medical history. Visit a doctor for your personalized recovery plan.
Workplace Concussion Prevention
Every workplace has a set of safety guidelines to follow. These are designed to keep employees protected from injury. You can’t prevent all brain injuries, but staying proactive in preventing them is an excellent way to mitigate the damage.
Some of the common safety measures and items that protect workers include:
- Wearing protective clothing such as hazmat suits
- Wearing reflective clothing such as high visibility vests
- Helmets
- Goggles/glasses
- Gloves
- Respirators
- Back support belts
- Earplugs
- Using equipment such as ladders and stepladders
- Having a license/certification before using certain equipment
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Lifestyle TBI Prevention Methods
Not all preventive measures include behaviors at work. Some of them include measures in your own personal life, such as:
- Strength and balance exercises
- Walking, not running, in certain areas
- Getting up from chairs slowly
- Getting out of vehicles slowly
- Staying aware of surroundings
- Not overextending to reach for items
- Yearly eye check ups
- Making sure medications don’t make you sleepy or dizzy
What Can a Brain Injury Lawyer Do for You?
You can contact a Bakersfield brain injury lawyer when you’re trying to file your initial claim. We can answer any questions about the process, paperwork, and potential outcomes based on your situation. We can help you negotiate your claim in your stead using the evidence provided by you. We can also directly negotiate with your insurance and your workplace’s insurance company on your behalf.
Workers Comp Vs Personal Injury Attorney
If you’re injured at work, you may be inclined to submit a worker’s compensation claim. This is fine to do. However, workers’ compensation claims only allow you to obtain limited compensation and don’t allow for the recovery of non-economic damages associated with TBIs like pain and suffering.
A personal injury attorney can allow you to pursue a claim in the event of gross negligence from an employer, lack of workers’ compensation coverage, or if there was a third-party involved that was responsible for your concussion or traumatic brain injury.
How to File a Claim
If you’re injured at work, you can file an injury claim. There are key pieces of information you need to complete your report. Your employer will also be conducting their own investigation into your accident, but it’s in your best interest to conduct your own investigation as well.
- Take Photos/Video – After your injury, take photos and videos of the site and try to get security footage if possible. Having a physical record of the area can help you and your team objectively see the causation of your accident.
- Gather Witnesses – If there were people in the area, take down their information. Their witness testimony becomes vital in an investigation. They can offer other perspectives that cannot be seen on camera.
- Go to the Doctor – Visit the doctor as soon as possible. Keep records of your visit. One for your workplace and one for your attorney. This is to keep the investigation as smooth as possible. If you’re going in for a brain injury, make sure that your doctor examines your memory, coordination, reflexes, and pupil response. If you receive a CT or MRI scan, get a copy of those documents.
- Visit an Attorney – Once you’ve collected your evidence, schedule a meeting with a Bakersfield brain injury lawyer. Bring all the evidence you’ve collected from work and your doctor to give your attorney a better understanding of your situation. This allows them to estimate what your fair compensation should be.
What Can I Be Compensated For?
In a brain injury case, you can be compensated for physical and psychological damages. These are divided into economic and non-economic damages.
- Economic damages– This refers to the cost of medical visits, home repairs, lost wages, and other easily calculable costs
- Non-economic damages- This refers to the estimated cost of psychological damage. This can refer to loss of companionship, mental anguish, and any other forms of pain.
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FAQ
How Long Do I Have to Submit a Claim?
In California, you have two years from the injury to file a claim. However, it’s recommended to submit your claim sooner rather than later to preserve evidence and witness testimony.
What if my Brain Injury Developed Over Time?
If your brain injury developed over the course of your career at a job, then you can still bring a case to us. We can look over your evidence and help you decide the best course of action for your situation.
What If I Also Suffered Other Damages?
You can also come visit us for any other damage in addition to your brain injury. Our legal team focuses on all types of injuries that happen in car accidents, at work, and out in the world.
My Loved One Cannot File a Claim. Can I Do It?
In California, the immediate family of the injured party can file a claim on their behalf. Speak with a Bakersfield brain injury lawyer to learn more about the process.
If I Work a Dangerous Job, Do I Still Have a Case?
Yes! Your employer owes you a duty of care. This means that they have an obligation to take care of you while you work for them. Even if you work a job that has brain injuries as an occupational hazard, your employer must do their best to protect you from developing injuries.
Meet with a Bakersfield Brain Injury Lawyer Today!
If you have experienced a brain injury at work, you may be entitled to compensation. Our team at Vaziri Law is dedicated to helping our clients receive the compensation they deserve. Serving clients all over California, we are easily accessible to the community. If you’re in Bakersfield, contact us today or follow us on social media to learn more!