Average Compensation Value For Workplace TBI

The State of California has more than 39 million people, which is the largest single state population in the United States. The residents of California work across a wide range of jobs and industries, starting with agriculture, going to zoological research, and including a variety of different service jobs, to manufacturing, research, and development. California is also the third-largest state in the nation for total land area. With all of the different employment opportunities that are available here, there are many more opportunities for workplace injuries. When you learn that the most common injury claim that spans all the different professions is a slip and fall-related accident, you begin to understand how common head injuries are across the workforce in California.

There are certain job roles where head injuries are a more frequent injury, and have a higher chance of traumatic brain injury because of the types of risk. One question that the Normandie Law Firm frequently receives is about the average compensation value for a workplace TBI. Understanding how the claim value is determined will tell you that each worker’s compensation claim is going to be somewhat unique. Each case value is computed in part by a formula based on information that is specific to the injured worker, in part driven by the components included in the claim. Most people think that a TBI is always going to lead to a disability. That isn’t always the outcome. For the average claim, the parts of this formula that have the most impact on the value are the disability rating, the average weekly salary of the employee, the type of brain injury and associated severity, both current and future medical treatment costs, the expected term of the disability, and the extent of impact on the life of the employee.

If you have been injured at work and suffered a traumatic brain injury, it is likely that it will be a very difficult experience for you and your family. Like any insurance program, the worker’s comp system is going to work with you, and there can be an expectation that they will act in your best interest. They are your insurance company in some ways. Having said that, many people are still surprised when they learn that worker’s compensation still needs to manage the claims with a focus on limiting the costs of their benefits. The program does not have an infinite amount of funding. If you have a worker’s compensation claim in process and are trying to get an idea about what its value is going to be, please call the Normandie Law Firm. One of our specialties is worker’s compensation cases, and our staff is highly experienced when it comes to helping our clients get the benefits they need, especially for clients suffering from TBIs.

Normandie Law Firm is going to provide you with information on the benefits and the options you have. During that first call, we will answer the questions you bring and focus on trying to gather the information we need to understand so that we know how best we can help you. If we cannot answer all of your questions fully, we will get a free initial consultation with one of our lawyers who can tell you about the average brain injury worker’s comp case value in the State of California. During that meeting, the legal team at Normandie Law Firm is going to collect additional details that will let them assess the incident and your injuries thoroughly. The most critical thing we are going to try to do is get a glimpse into the future you are looking at. The Normandie Law Firm has decades of shared experience across our legal staff dealing with TBI’s and injured clients. If you haven’t filed a claim yet, the first thing we need to discuss with you is that there is a time limit to file a claim for the injuries.

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The Time Limit To File A Worker’s Compensation Claim In California
You have 30 calendar days to file a claim with worker’s compensation if you have been injured at work. The time limit begins on the day of the accident. If the time limit expires before getting a claim filed, worker’s compensation will likely not accept the claim. There are very few exceptions made regarding the time limit. If you are getting close to the time limit, please get in touch with Normandie Law Firm as soon as possible. We can assist you in getting the process started.

What Are The Common Types Of Job Roles And Hazards That Can Lead To A Traumatic Brain Injury?
There are quite a few jobs and roles that statistically result in TBIs with high frequency. This is based on the hazards and opportunities, as well as the frequency with which employees encounter them. The analysis of the injury type by role shows that people who work in these specific industries and in more dangerous circumstances are more prone to suffering a TBI. The different impact of a traumatic brain injury that the Normandie Law Firm clients experience runs from minor to life-altering. The common jobs and hazards are:

• Construction, with a higher risk because of the chances of falling heavy objects, working on scaffolding or ladders daily, working around heavy machinery being used to move material at elevation, and the delivery of material that is being moved around the job site routinely
• Manufacturing, logistics, and distribution jobs that risk head injuries from heavy material being moved constantly, falling material from storage racks, the chance of vehicle accidents during a work day, as well as the potential for not being seen by an equipment operator
• Transportation industries like trucking and warehousing, which show high rates of brain injury that are also related to vehicle crashes on busy highways or inside the facilities where material is moved from truck to truck for delivery, or temporarily stored in an area not designed to do so
• Emergency services employees like police officers and firefighters/EMTs, as well as other first responders like ambulance drivers, who are often involved due to sudden violent impacts happening during response to crisis situations, pursuits of violent criminals, or present during riots, where they are exposed to things being thrown at them

The traumatic brain injuries and the resulting costs do occur often enough that many companies will spend time and money on prevention and overall safety training for many of the industries listed above. The fact is that these types of injuries and hazards are a regular part of the day for the employees. Safety is essential, and every kind of significant injury is likely to be investigated by the employer before they sign off on the worker’s compensation payment. It is not an approval function, as they are trying to determine what might have gone wrong.

What Benefits Are Offered By Worker’s Compensation In California?
Below is a short list of the key benefits that are provided by the worker’s compensation insurance coverage if you suffer a work injury in California. These have an impact on the value of your case based on what you experienced, as well as what your long-term prognosis is.

• A dollar amount of up to 1 million dollars per incident for covering your medical care needs, which includes hospitalization and emergency room treatment, all services by a specialist, like neurosurgery, your cost of all prescriptions as well as over the counter drugs, physical therapy, and the rental cost of any medical devices such as canes, crutches, braces, or a wheelchair
• If you are not able to return to work until fully recovered, you will receive up to 66% of your regular weekly income in a short-term recovery
• Long-term disability from injuries, where the program offers temporary long-term disability payments until you can return to work
• Vocational training, if you cannot return to work in the job you had before injury, that will allow you to apply for a new job and continue to work and provide for your family

The Average Traumatic Brain Injury Worker’s Comp Case Value
Statistics show that when it comes to brain injuries, the settlement value can vary dramatically. The Normandie Law Firm has determined that the most significant factor impacting value is the extent of the injury and any resulting disability. A TBI can lead to millions of dollars because of the impact on the life of the employee and their families. The costs that impact the claim value include:

• The total dollar costs of healthcare for the affected employee. This includes a value of what is expected for future care in treating and dealing with the injury
• Salary of the injured employee as it impacts both disability payments as well as lost wages due to missed work during treatment. In a serious injury, this is going to be higher
• The level of disability that the employee now has due to the accident. In cases with permanent disability this drives the value higher still

Can I Sue My Company For My Injury If Worker’s Comp Doesn’t Cover Something?
Once you file and collect on a worker’s comp claim, you cannot sue your employer for additional damages for being injured. Worker’s compensation is considered an exclusive remedy for covering any workplace injuries. Worker’s’ compensation from an insurance perspective is a no-fault system. This means that no liability needs to be proven before getting benefits.

An exception to the question of a personal injury lawsuit being filed is if the employer can be held liable for contributing to, or the creation of, the hazard and the injuries that come from it. Every employer is expected to maintain a safe work environment. This also applies to 3rd parties when involved.

If you believe this is what happened, we encourage you to consult with your Normandie Law Firm legal team as soon as you can. If it can be proven, it does provide the ability to legally sue your employer for what is called gross negligence. The legal definition of gross negligence is willful misconduct or reckless disregard for the safety of others.

Upfront Costs When Working With The Normandie Law Firm
If you need representation when dealing with worker’s compensation, and you want to understand the average compensation value for a workplace TBI, we will never ask you for upfront legal fees. We will bill you after we get your case settled. If we do not win your case, we will not bill you for our services. Please reach out to the team at Normandie Law Firm around the clock if you need assistance dealing with a worker’s compensation claim.

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