San Jose Workplace Brain Injury Lawyer

San Jose Workplace Brain Injury Attorney

Suffering from a brain injury can be a traumatic experience. These types of injuries affect everyone involved, including the family of the person injured. There are a number of reasons why a brain injury can occur in the workplace, such as through negligence or an accident. However, there are legal options available for those who have suffered a brain injury at work, and a San Jose workplace brain injury lawyer can help.

A San Jose Workplace Brain Injury Lawyer You Can Trust

At Wiesner English, P.C., we understand the trauma that can result from a workplace brain injury. These types of injuries do not only affect you physically, but they can also have a drastic impact on your emotions and livelihood. Because our primary focus is on workplace injuries, we have the skills and knowledge necessary to fight for you and your interests. We can advocate for your rights and ensure that you receive the benefits you deserve.

Types of Workplace Brain Injuries

There are a few types of brain injuries that could occur in the workplace. Some of these include:

• Traumatic brain injuries. This could occur from a sudden blow to the head. TBIs can happen due to accidents, a fall, or being hit with a piece of equipment. Traumatic brain injuries range in severity from mild concussions to major brain damage.
• Repetitive head injury. Repetitive brain injuries can cause worsening trauma over time. Chronic traumatic encephalopathy can lead to memory loss, dementia, confusion, anxiety, and depression.
• Closed head injuries. These are injuries that don’t penetrate the skull but still cause injury and damage to brain tissue. Most traumatic brain injuries are classified as closed head injuries.

Causes of Brain Injuries in the Workplace

There are a few reasons why brain injuries occur in the workplace. Some of these reasons include:

• Working conditions. When workplace conditions are unsafe, the risk of injury increases, particularly the risk of brain injuries. Unsafe working conditions could include slippery floors, lack of safety equipment, and faulty equipment.
• Accidents. Sometimes, accidents that cause brain injuries occur at the workplace. These accidents can include slip and falls, falling from heights, or a machine malfunction. If the accident was due to the employer’s intentional actions, they may be held liable for your injuries.
• Chemical exposure. With chemical exposure, a person is exposed to harsh chemicals or toxins. This can affect brain health over time, affecting one’s function and overall health.

Legal Options for Injured Workers

Because California is a no-fault state, employees are usually not allowed to file claims in court against their employers when they experience a workplace injury. They are, however, entitled to pursue other avenues in order to receive compensation.

• Workers’ compensation. In lieu of filing a claim with the court, employees are entitled to workers’ compensation if they have been injured while on the job. An employee does not have to prove that the injury was the fault of the employer. They only have to prove that the injury occurred while performing job duties. Workers’ compensation covers medical expenses, lost wages, and disability benefits.
• Third-party claims. In instances where there are third parties involved, such as contractors or manufacturers, a worker can file a claim against the third party if they are responsible for the injury.
  For instance, if a worker fell from a height due to faulty safety equipment, but it is determined that the faulty equipment was due to negligence of the manufacturer and not the employer, the worker may be able to file a claim against the manufacturer.
• Filing a complaint with the Occupational Safety and Health Administration (OSHA). An employee has the right to file a complaint with OSHA if their employer has subjected their employees to unsafe working conditions. If an investigation occurs and it is proven that the working conditions are hazardous, the company could face penalties, including fines.

FAQs

Q: What Is the Average TBI Settlement in California?

A: The average Traumatic Brain Injury (TBI) settlement in California varies depending on a number of factors. When determining the amount of a settlement, a few things will be taken into consideration, including how serious the injury is, the amount of medical attention and care needed, and how the injury has affected the victim’s life and livelihood.

Q: Can I Claim Compensation for a Brain Injury?

A: You can claim compensation for a brain injury, depending on the circumstances and against whom you are filing a claim. In San Jose and throughout California, a person who has suffered a workplace injury is generally not permitted to file a claim against their employer. However, they may be able to file a claim against a third party if it is determined that they are responsible for their brain injury. An example would be an injury incurred due to faulty equipment produced by a manufacturer.

Q: How Much Does a Brain Injury Cost?

A: The cost of a brain injury varies greatly depending on the details surrounding the circumstance. The unique type of injury, the extent of medical treatment, the type of recovery needed, rehabilitation needs, ongoing care, loss of income, and disability incurred all contribute to the cost of a brain injury. The cost will vary from case to case.

Q: How Do I Return to Work After a Brain Injury?

A: The process of returning to work after a brain injury will depend on the circumstances surrounding your injury, including the severity of the injury and the length of time it will take you to recover. Some people may need to undergo rehabilitation, physical therapy, and cognitive therapy in order to be ready to resume work duties. Working with your healthcare professional and employer will be essential in developing a plan to return to work.

Contact Wiesner English, P.C., Today

If you have suffered a brain injury at the workplace, you have options. The attorneys at Wiesner English, P.C., can look at the details of your case to determine what options are suited to your circumstances. Our team have the knowledge and ability to navigate workers’ compensation claims as well as third-party claims, if necessary. Our attorneys can advocate for your rights so that you are provided with the compensation you deserve. Reach out today to learn more about your options.