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Settlement for Head Injury at Work: What You Need to Know

Settlement for Head Injury at Work

Head injuries are some of the most catastrophic types of injury. In 2020, over 64,000 traumatic brain injury-related deaths occurred in the U.S. Even head injuries that don’t result in a TBI can have long-lasting consequences that may alter a person’s daily life. 

If you experienced a head injury at work, you shouldn’t need to stress about finances or receiving treatment. Understanding all of your settlement options can help you make an informed decision and maximize your payout.

Read on to learn everything you need to know about settlements for head injuries at work. Then contact our workers’ comp lawyer in NYC for legal guidance and assistance. 

Common Causes of Head Injuries at Work

Work-related head injuries can occur across industries and job types. Some of the most common causes of head injuries at work include the following:

  • Motor vehicle accidents
  • Falling off scaffolding or ladders
  • Being struck by a falling object

One study found that approximately 24% of traumatic brain injuries are work-related injuries. Another found that up to 80% of work-related TBIs were preventable

Who Is Responsible For Your Head Injury? 

Determining whether there was negligence at play for a head injury at work can be beneficial as you determine your method of seeking a settlement. If a party other than your employer was partially or fully responsible for your head injury, you may be able to receive a payout from their insurance company or through a lawsuit. 

If your head injury occurred while you were working, you will be entitled to receive workers’ compensation benefits. Since workers, comp is a no-fault based system it doesn’t matter who caused the accident or injury.

If a third party, other than your employer caused the accident they may also be liable. In that event you may have two claims; (1) a workers’ compensation claim, and (2) a separate law suit against the third party who was at fault.

Methods of Seeking Compensation for a Work-Related Head Injury

After experiencing a head injury at work, consider these three methods of seeking compensation:

Workers’ Compensation

Workers’ compensation is an insurance benefit that most employers in New York must offer their employees. If you experienced a head injury in any of the following circumstances, workers’ compensation is likely available to you:

  • While at your workplace
  • While driving a work vehicle to perform a task within your job duties
  • While at an off-site location where you were performing work within the scope of your job duties

Workers’ compensation is available regardless of why the accident occurred. Even if you tripped over your own feet and fell at work, you can still receive workers’ comp. 

Workers’ compensation can cover your lost wages and medical expenses resulting from your head injury. 

Personal Injury Case Against a Third Party

If a third party other than your employer negligence led to your head injury accident at work, you can consider filing a claim with their liability insurance provider. Many businesses and individuals are required have liability insurance to provide a financial cushion for accidents. 

You would need to provide evidence that your employer was responsible for the accident. Evidence may include any of the following:

  • Documentation of failed safety inspections
  • Medical records
  • Video or photo evidence of the accident scene
  • Testimonies from other employees or witnesses

Working with a qualified liability attorney is crucial as you navigate your case. Your attorney can help you gather compelling evidence to improve your case outcomes. 

Personal Injury Case Against a Third Party for a Work Related Accident 

In some instances, a third party may be responsible for a head injury at work. For instance, maybe you were wearing a defective hard hat that failed to protect your head from a falling object. In this case, the hard hat manufacturer could be responsible. Or maybe you injured your head in a work related motor vehicle accident that was caused by a third party. 

Your attorney can help you gather evidence, file an insurance claim, and take legal action, if necessary. 

Calculating a Head Injury Settlement

The settlement route you choose to pursue will impact your payout. If you choose to receive a workers’ compensation payout, the insurance company will calculate your past and future lost wages and the cost of your medical treatment to determine your payout. 

If you bring a lawsuit against a negligent third party, your settlement should cover all of the following economic damages:

  • Lost wages
  • Loss of ability to work
  • Medical bills
  • Property damage, if applicable

It should also cover non-economic damages, such as:

  • Mental distress
  • Pain and suffering
  • Loss of enjoyment in life
  • Physical disfigurement

Contact Our Workers’ Comp Attorney Team Today 

Contact Workers' Comp Attorney

Whether you need help understanding injuries that qualify for workers’ compensation or navigating a lawsuit against your employer, rely on our team of workers’ compensation lawyers in New York. Contact our team at Pyrros & Serres LLP today to schedule your free case evaluation

Frequently Asked Questions

How long do you have to be off work for a head injury?

The amount of time you should be off work after a head injury depends on the injury severity. Mild concussions have a recovery period of one to two weeks, while victims of severe TBIs may never make a full recovery. 

How do I know if my head injury is serious?

Symptoms such as persistent headaches, slurred speech, one enlarged pupil, feelings of numbness, and vomiting can indicate a severe head injury. Seek medical attention as soon as possible. 

Can you sue if you get a concussion at work?

If your employer or another party was responsible for your concussion, and it led to significant damages, you may be able to take legal action. Your attorney can evaluate your case and help you understand the best course of action. 

About The Author

Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.

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