Average Value Of Worker’s Compensation Claim For Brain Injury Or TBI

The State of California has more than 39 million inhabitants, with more than half of them active in the workforce. The residents of California are employed in a wide range of different jobs and industries, beginning with commercial farming and extending to mineral and natural gas extraction. California is also the third-largest state in the nation for total land area. With all of the different employment opportunities that are available in the state, there are also more chances for workplace injuries. The most common injury claim that spans all the different professions is a slip and fall-related accident, and it helps you understand how common brain injuries and TBIs are here in the State of California.

There are a few job roles where brain injuries are a more frequent occurrence, and there is a higher chance of traumatic brain injury because of the types of risks in a few industries. One question that the Normandie Law Firm gets often is what the average value of a worker’s compensation claim is for brain injuries or TBIs. When you learn how a worker’s comp claim value is determined, you understand that the claim is going to be unique. Each injury type will have a range, but they are usually quite wide. Every case value is determined in part by a formula that is focused on information specific to the injured worker, and in part driven by the components included in the claim. Most people think that a TBI or brain injury will always lead to a disability. That isn’t always the case. For most claims, the parts of this formula that have the biggest influence on the value will be the disability rating if applicable, 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 if applicable, and the impact on the life of the employee the injury has.

If you have been injured at work and suffered a traumatic brain injury, it is going to be a very difficult experience for you and your family. Like other insurance programs, worker’s compensation insurance is going to work with you and for you. They are your insurance company in many different ways. People are still surprised to learn that worker’s compensation will still manage the claim value and payout with an effort to limiting the costs of benefits that get awarded. If you have a worker’s compensation claim underway and you are trying to get an idea what the value is going to be, please contact the Normandie Law Firm. Our specialty is worker’s compensation claims, 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 furnish you with the information on the benefits and the options you have available. In our first call, we will answer the questions you have and focus on trying to gather the information we need to understand so that we know how best we can serve you. If we cannot answer all of your questions, we will schedule a free initial consultation with one of our lawyers, who can tell you about the average value of a worker’s compensation claim for brain injury or TBI in the State of California. During that meeting, our legal team at Normandie Law Firm is going to gather the additional details that allows them assess your claim and the details of your injuries thoroughly. The critical thing we are going to do is get a glimpse into the future you are looking at experiencing. The Normandie Law Firm has decades of shared experience across the legal staff when it comes to dealing with TBIs and injured clients. If you haven’t filed your injury claim yet, the first thing we need to discuss with you is that there is a time limit to do so.

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What Is The Time Limit For Filing A Worker’s Compensation Claim In California?
The time limit is 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 this time limit expires before you get a claim filed, worker’s compensation will reject the claim. There are very few exceptions made regarding the time limit. If you are getting close to the time limit, please do not wait to contact the Normandie Law Firm. We can assist you in getting the claim-filing 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 that statistically have an above-average risk of TBIs and other types of brain injuries. This is based on the hazards and opportunities, and the frequency with which the employees will encounter them in a regular manner. The analysis of the injury type by role shows that people who work in the specific industries below and in more dangerous circumstances are more likely to get a brain injury or TBI. The typical jobs and hazards are:

• Construction, with an elevated risk due to the chances of falling 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 workday, as well as the risk of being seen by equipment operators
• Transportation industries like trucking and associated docks show high rates of brain injury that are 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 firemen/EMTs, as well as other first responders like ambulance drivers, who are often involved in sudden violent impacts that happen during a response to dispatch situations, pursuit of violent criminals, or present during civil unrest, where objects are 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; it is about them trying to determine what might have gone wrong.

What Are The Benefits Provided 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 long-term disability payments to replace the difference between your ability to earn a living prior to the injury
• Vocational training, if you cannot return to work in the job you had before injury, 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 settlement values for brain injuries can vary dramatically. What the Normandie Law Firm has determined is that what impacts the value the most is the extent of the injury and any resulting disability. Any brain injury or 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 injured employee. This includes a value of what is expected for future care in treating and dealing with the injury, and all future costs
• The salary of the injured employee impacts both disability payments and lost wages due to missed work during treatment. In a serious injury, this is going to be higher as the term of the disability payment may reach the maximum period of 104 weeks paid
• The level of disability that the employee now has due to the accident. In cases with permanent disability, this drives the value higher still, as the payments might be for the rest of the employee’s life

Can I File Suit Against My Company If Worker’s Compensation Insurance Doesn’t Cover All Of My Costs?
If you are eligible for worker’s compensation coverage, you usually are not allowed to sue your employer for additional damages. Worker’s compensation is considered an exclusive remedy for covering all workplace injuries. Worker’s’ compensation from an insurance perspective is a no-fault system, meaning that no liability needs proven before you can receive benefits.

If your employer can be held liable for contributing to, or the creation of, the hazard and the injuries that came from the accident, they may be guilty of what is called gross negligence on the part of the employer. The legal definition of gross negligence is willful misconduct or reckless disregard for others’ safety. If you believe this happened, we encourage you to consult your Normandie Law Firm legal team as soon as possible. If it can be proven, it does provide the ability to legally sue your employer and file a personal injury lawsuit.

One thing you should know is that the damages will be limited to what worker’s compensation does not cover, like the 34% of your income not paid from disability. Every employer is expected to maintain a safe work environment. This also applies to 3rd parties in some cases. The owner of the building where the accident occurred is an example of their liability.

Are There Any 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 value of a worker’s compensation claim for brain injury or TBI, there are no upfront costs to hire us. We will bill you after we settle your case. If we do not win your case, we will not bill you for our services. Please do not hesitate to call the team at the Normandie Law Firm around the clock when you need assistance dealing with a worker’s compensation claim. We are here to help you.

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