Traumatic brain injuries (TBIs) are some of the most serious injuries a worker can experience. They often occur in environments where safety is crucial — construction sites, warehouses, factories, or even office settings. A brain injury can permanently affect your ability to work, communicate, and live independently.
Understanding your rights is critical. If you suffered a TBI at work, you may be entitled to compensation through workers’ comp or a lawsuit if negligence was involved. This guide explains your options and the steps to protect your future.
What Is a Traumatic Brain Injury (TBI) in the Workplace?
A traumatic brain injury (TBI) occurs when a sudden blow, jolt, or object impacts the head, disrupting normal brain function. These injuries range from mild (like a concussion) to severe (resulting in permanent brain damage or loss of function).
How TBIs Happen at Work
In workplace settings, TBIs often result from:
- Falling from scaffolding or ladders
- Being struck by equipment or materials
- Vehicle accidents (e.g., forklifts)
- Slips, trips, and falls
- Repeated microtraumas from chronic tasks
Why Every Head Injury Matters
Even mild TBIs can have delayed symptoms: confusion, memory loss, nausea, and fatigue. Left untreated, these issues can worsen. That’s why it's critical to seek medical evaluation immediately, both for your health and for legal documentation.
Common Causes of Workplace Brain Injuries
Many job environments carry hidden risks. Here are the leading causes of TBIs on the job:
1. Falls from Heights
Scaffolding, ladders, rooftops — falling from elevated positions is one of the most common causes of workplace brain injuries. Even short falls can result in serious head trauma, especially if no protective headgear is used.
2. Machinery or Equipment Incidents
Workers operating forklifts, cranes, or industrial machinery are at higher risk of impact injuries. Accidents often occur due to mechanical malfunctions or improper training.
3. Falling Objects
Construction sites and warehouses often involve heavy objects being moved overhead. When something falls and strikes a worker on the head, the risk of TBI is significant.
4. Inadequate Safety Gear (PPE)
Personal protective equipment (PPE), like hard hats, must be provided and used correctly. If an employer fails to enforce PPE policies, they may be held accountable for resulting injuries.
5. Lack of Safety Training
When workers aren't trained properly to use tools or navigate hazardous areas, the likelihood of accidents and brain injuries increases dramatically.
6. Repetitive Task Injuries
Though less common, repetitive stress or vibration-related injuries (e.g., from using jackhammers) can gradually contribute to neurological damage over time.
Who Is Liable for a TBI at Work?
Employer’s Duty of Care
Employers have a legal duty of care to create a safe work environment. If they fail to:
- Provide adequate training
- Enforce PPE usage
- Maintain equipment
- Follow OSHA safety standards
...they may be legally liable for resulting injuries.
Can Employers Be Sued?
Yes — especially in cases where they’ve acted with gross negligence. For example, if they knowingly ignored safety hazards or failed to correct dangerous working conditions.
Third-Party Liability
Sometimes, liability lies outside your employer. If a subcontractor, equipment supplier, or property owner caused or contributed to your injury, you may have grounds for a third-party personal injury claim.
Filing a Workers’ Compensation Claim for TBI
Workers' compensation is often the first step after a workplace injury. It provides no-fault benefits — meaning you don’t have to prove your employer did anything wrong to qualify.
Steps to File a Workers' Comp Claim
- Report the Injury: Notify your employer or supervisor immediately.
- Seek Medical Treatment: Get a professional diagnosis. Symptoms like dizziness or headache may indicate deeper damage.
- Complete Documentation: File a claim with your employer’s workers’ comp carrier and your state’s board.
- Track All Medical Costs: Save bills, prescriptions, and notes from appointments.
- Follow Through with Treatment: Stay consistent with therapy, rehabilitation, and doctor visits.
What Does It Cover?
- Medical treatment and emergency care
- Rehabilitation and therapy
- Temporary or permanent disability payments
- Partial wage replacement
Limitations of Workers' Comp
Workers’ compensation may not cover all costs, especially for long-term disability, pain and suffering, or emotional trauma. That’s why many workers also consider legal action.
When Should You File a Lawsuit for a Work-Related Brain Injury?
If you suspect employer negligence or third-party responsibility, you may have the right to sue — either in addition to or instead of filing a workers’ compensation claim.
Situations That May Justify a Lawsuit
- Your employer failed to provide PPE
- You were injured due to faulty machinery
- Unsafe work conditions were ignored
- A subcontractor caused the accident
- Your injury resulted from toxic exposure
What You Can Recover in a Lawsuit
- Full medical expenses (current and future)
- Lost income and loss of future earning capacity
- Pain and suffering
- Emotional distress
- Punitive damages in extreme negligence cases
A lawsuit can significantly increase the compensation available, especially for severe TBIs with long-term consequences.
Types of Compensation Available
Through Workers' Compensation
- Medical care and hospitalization
- Physical therapy or cognitive rehab
- Lost wage benefits (usually partial)
- Permanent disability benefits
Through a Personal Injury Lawsuit
- Full wage replacement
- Pain and suffering
- Mental anguish or emotional harm
- Long-term care and support costs
- Punitive damages (if employer was grossly negligent)
Lawsuits can result in much higher settlements — but they require strong evidence and legal guidance.
Challenges in Proving Workplace TBIs
1. Invisible Nature of TBIs
Brain injuries often don’t show up on X-rays or MRIs, especially in the early stages. Symptoms may be subjective: memory problems, irritability, sleep disruption.
2. Delayed Symptoms
You might not feel the effects of a TBI until days or even weeks after the injury, making it harder to connect the incident to your work environment.
3. Lack of Witnesses or Video Evidence
Many workplace injuries happen when no one is watching. Without direct witnesses or footage, employers or insurers may try to deny the claim.
4. Employer Denial
It’s common for employers or insurers to argue that:
- The injury happened off-site
- You had a pre-existing condition
- Your claim is exaggerated
This is where detailed documentation and legal counsel are essential.
What to Do Immediately After a Workplace Brain Injury
Taking the right steps can strengthen your legal and medical outcomes.
Post-Injury Checklist
- Report the incident to your employer
- Document the scene: take photos, write down what happened
- Get medical care immediately
- Save all records: bills, diagnosis reports, prescriptions
- Consult an attorney before signing any documents
These actions protect your rights and build a strong foundation for your claim or case.
Do You Need a Workplace Injury Lawyer?
Yes — especially for moderate to severe TBIs, where the stakes are high and the systems are complex.
How a Lawyer Helps
- Guides you through workers' comp and lawsuit processes
- Collects medical records, eyewitness testimony, and expert opinions
- Negotiates higher settlements
- Takes legal action if your claim is denied
Without legal support, it’s easy to accept a lowball settlement or miss important deadlines.
Frequently Asked Questions
Can I sue my employer for a brain injury I got at work?
Yes, in certain circumstances. While most workplace injuries are handled through the workers' compensation system, you may be able to sue your employer if your injury was the result of gross negligence, intentional misconduct, or if they failed to provide basic safety measures like proper training or personal protective equipment (PPE). It's also possible to sue a third party—such as a contractor or equipment manufacturer—if their actions contributed to the traumatic brain injury (TBI).
What if I didn’t feel symptoms right away after hitting my head at work?
Delayed symptoms are common with TBIs, especially concussions or internal brain injuries. You might initially feel fine, only to experience dizziness, confusion, fatigue, or memory problems days later. Even if symptoms appear late, the injury could still qualify for a work-related brain injury claim, especially if medical records and witness accounts support your case.
Is workers’ compensation enough to cover a severe head injury?
Workers' compensation may cover basic medical care, a portion of your lost wages, and short- or long-term disability. However, it often does not compensate for pain and suffering, emotional distress, or the full extent of long-term care needs. For severe TBIs that impact cognition, mood, and mobility, a lawsuit may be necessary to secure adequate financial support.
Who is responsible for paying my medical bills if I get a TBI on the job?
Initially, your employer’s workers’ compensation insurance should cover all approved medical expenses related to the injury. This includes emergency care, diagnostic testing, rehabilitation, and follow-up treatment. If a third party was responsible for the accident, they may be held liable through a separate lawsuit, and you may receive additional compensation through that legal process.
What happens if my employer didn’t provide safety gear and I got injured?
Failure to provide adequate safety equipment, such as hard hats or helmets, may constitute negligence. If your TBI resulted from a lack of required PPE, you may have grounds to file a personal injury lawsuit in addition to your workers' comp claim. This type of failure is taken seriously under OSHA and state safety regulations.
Final Thoughts: Protect Your Health and Your Rights
A traumatic brain injury at work is life-altering — but you have legal tools to protect your future. Whether you pursue a workers' compensation claim or file a lawsuit, understanding your rights is the first step to recovery.
You don’t need to face the system alone.
Contact Fulginiti Law Today
If you or a loved one suffered a workplace-related brain injury, contact Fulginiti Law immediately. Legal guidance can ensure your case is taken seriously, your medical needs are met, and your compensation reflects the full extent of your injury.
