Workers’ Compensation for Brain Injuries

The Workers Comp Process for Brain Injuries

Navigating the legal process of filing a workers compensation claim can be particularly difficult if you are suffering from a brain injury.  A traumatic brain injury workers compensation attorney can help you with the documentation, paperwork, negotiations, and management of ongoing workers comp benefit, to ensure you are receiving the maximum workers’ compensation for which you qualify, in a timely manner.

What Workers’ Compensation Benefits Can I Get for a Brain Injury?

In addition to paying all of the patient’s related medical bills, workers’ compensation benefits also include temporary and permanent disability payments. If a patient is in treatment and their condition is improving, they will receive temporary total disability payments while they are unable to work due to their brain injury.

If the patient’s injury is deemed permanent and total, they may be eligible to receive permanent disability payments for the rest of their life. The amount of money the patient will receive is typically two-thirds of their average weekly wage. This amount is subject to statutory minimums and maximums that are adjusted yearly.

When the workers’ compensation claim is approved, however, the insurance carrier still has the right to approve or deny medical claims as they go. This can mean that at some point the workers’ comp insurance carrier may decide not to authorize any further treatment. When this happens it is important to have an experienced brain injury workers compensation attorney by your side to fight for your rights to treatment coverage – even taking the matter to court when necessary.

The Workers’ Compensation Case Process for Brain Injury

#1. Filing a Workers Comp Claim

The first step in initiating a brain injury workers’ compensation case in California is to file for a case number with the California Division of Workers’ Compensation by filling out the employee portion of a DWC-1 claim form.  The workers’ compensation insurance carrier for your employer has 90 days to accept or deny your claim. Typically, you will receive a response at the earlier end of that time frame.

#2. Disputed or Denied Workers Comp Claim

The employee will need to show that the brain injury arose out of and occurred in the course of their employment. The insurer may deny the claim by disputing that the accident arose out of the course of the worker’s employment. If your employer and their insurer dispute or deny a valid brain injury workers compensation claim it is essential to seek the help of an experienced workers’ comp attorney.

#3. Duration of Brain Injury Workers Comp Claim

Brain injury workers comp cases often take longer than many other comp cases from start to finish – with the majority of these cases taking about 18 months to two years. An experienced workers comp attorney can help move a case along, help the injured worker avoid any missteps or missed paperwork, and ensure that the claimant receives their benefits in the fastest amount of time possible.

#4. Assessing Permanent & Long Term Medical Needs

In workers’ compensation cases, a permanent disability due to a brain injury will be assessed in a percentage. This disability percentage, coupled with the worker’s average weekly wage (subject to minimums and maximums), will be used to calculate how much they are entitled to in permanent disability benefits.

If an injured worker is found to be 100% permanently and totally disabled due to a brain injury, they are entitled to compensation for the rest of their life.

In some cases, the worker and his or her attorney may want to settle the case for a set amount and forgo the weekly benefit payments. An experienced brain injury workers comp attorney can negotiate the best settlement that includes this compensation, based on the average life expectancy of someone the patient’s age and other factors.

With workers’ compensation cases for permanently disabled individuals, it is ideal to have an attorney who can negotiate as much medical care be authorized and paid for before the case has concluded – including long-term care if necessary. An experienced brain injury workers comp attorney will work to maximize the amount of value that the insurance company can offer to close out future medical care and get you the employee most money in the process to cover future medical expenses.

#5. Workers’ Compensation Appeals

If a workers’ comp claim for a brain injury is denied, the employee is entitled to a type of “trial” – called a hearing in the California worker’s comp system at the local Worker’s Comp Appeals Board (WCAB). At this step it is essential to have an experienced worker’s comp attorney because even more paperwork, evidence, and supporting documentation needs to be presented.

If the claimant is unhappy with the decision or award that is made by the appeals board judge, they can then appeal the decision to the seven-member Worker’s Comp Appeals Board (WCAB) in San Francisco. Even in cases where the initial workers’ comp claim was accepted by the employer’s insurance company, there are many situations where the employee may need to request a WCAB hearing to solve a dispute over medical coverage or the amount of temporary disability payments.

Beyond this, there are addition levels of appeal in the California workers’ comp system – however they are much more expensive, complicated and time consuming. A “writ of review” petition may be filed with the Court of Appeals in the appellate district where the worker lives – however it is rare for an appellate court to overturn a decision by the appeals board. After the appellate court review, technically the worker would then have the right to appeal their case to the California Supreme Court, but the state supreme court rarely agrees to exercise its discretion to hear a workers’ comp appeal.

Brain Injury Workers Comp Attorneys | Long Beach

The brain injury attorneys at Cantrell Green have successfully handled numerous brain injury workers compensation cases. Our brain injury workers compensation attorneys will be by your side from start to finish.

Our experienced and knowledgeable brain injury workers’ compensation attorneys at Cantrell Green can ensure your claim is handled promptly and efficiently. We don’t just focus on the legal aspects of your case – we see ourselves as advocates for individuals and families whose lives have been impacted by work-related brain trauma.  We understand how such injuries can result in financial and emotional burdens, and we know how to help you.

Our brain injury workers compensation attorneys have secured significant settlements for brain injury victims and their families. If you or a loved one sustained a traumatic brain injury on the job, please contact us for a consultation.  We will review your case and suggest the best possible course of action to help you receive the maximum benefits and compensation to which you are entitled – in the shortest possible amount of time – to ensure you and your family are taken care of.

Brain Injury Workers Compensation Attorneys: 800-964-8047