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Traumatic brain injuries are so much more than a harmless bump to the head. According to the Centers for Disease Control and Prevention, one million people go to the emergency room for TBI treatment annually. In 2021, 69,000 Americans perished from a TBI (about 190 every day).
If you’ve suffered a serious head injury at work, you need the help of a TBI lawyer. Learn what a traumatic brain injury lawyer in New York can do for you below.
Workers’ compensation is a type of no-fault insurance that pays benefits to injured workersfor workplace injuries, including TBIs. If you qualify, you can claim a portion of your lost wages until you’re able to return to work (your benefit amount depends on your average weekly wages, as well as the duration and severity of your injury).
Workers’ comp also pays for all TBI-related medical bills, including the following:
Additionally, workers’ compensation provides death benefits if an employee dies from a workplace injury. It pays funeral and burial costs, plus weekly cash benefits for the employee’s surviving spouse and children.
If you’re planning to file a workers’ compensation claim for your traumatic brain injury, it’s helpful to have a TBI attorney guide you through the process. Here’s what your lawyer can do for you.
Do you really need a traumatic brain injury attorney? It depends. If your claim goes smoothly and your benefits arrive promptly, you probably don’t require TBI legal representation. But if your employer or the insurance company is giving you trouble, it’s wise to have a head injury attorney on your side.
Below, we will cover circumstances where it would be helpful to have a TBI lawyer fighting for you.
This is often the number one reason workplace TBI victims require an attorney. Workers’ compensation may deny your claim if:
If workers’ compensation denies you, it’s not necessarily the end of the road. Your TBI lawyer can help you file an appeal that may prove you’re eligible for benefits.
After you report an accident to your employer (you have 30 days to do so in New York), the employer must file a claim with their workers’ compensation insurance company. However, some employers will drag their feet for as long as possible to prevent you from obtaining benefits.
Why would they do this? Simple: If they make a claim, their premiums increase.
If you think your employer is delaying filing a claim, you need the help of a TBI compensation lawyer.
If you have pre-existing conditions, it’s imperative that you call a TBI lawyer before filing a workers’ compensation claim. Otherwise, your employer or their workers’ compensation insurance company might try to say that your injuries are not work related. Your TBI attorney can gather evidence to prove otherwise.
Suppose your doctor thinks you would benefit from a course of cognitive treatment, but workers’ compensation refuses to pay for it. This is quite common because insurance carriers often look for a reason to deny treatment of therapy. Your lawyer will fight to convince workers’ comp that you truly need the proposed treatment.
When you’re hurt at work, you’ll typically have to undergo an evaluation by a doctor hired by the insurance company’s doctor may provide you with a low impairment rating. This rating may lower the amount of benefits you can receive.
Workers’ comp might not fully cover your lost wages and medical bills if your impairment rating is too low. Your TBI attorney can fight for a second opinion from a different doctor.
If a third party is liable for your accident, forgoing legal representation would be extremely unwise. This is because you may be able to file a lawsuit against the third party to recover additional damages beyond what workers’ comp provides.
For example, if you choose to sue, you can recover damages for emotional distress as well as pain and suffering. Workers’ comp, on the other hand, does not cover emotional distress or pain and suffering.
Your TBI lawyer will identify all liable parties, including contractors, engineers, equipment manufacturers, and property owners. They will also inform you how recovering damages in a lawsuit might affect your workers’ compensation benefits.
Per New York law, it is illegal for your employer to retaliate against you for claiming workers’ comp benefits. Unlawful retaliation includes:
Call a NY TBI attorney now if you think your employer is retaliating against you for collecting benefits. They can help you understand your rights, walk you through the legal process, and represent you at every stage.
If you need help navigating workers’ compensation or a head injury at work settlement, reach out to Pyrros, Serres & Rupwani. Our attorneys can guide you through the claims process and help you appeal if workers’ compensation denies you.
For a free consultation with a TBI lawyer, call (718) 626-7730.
Check out our FAQ to learn more about workers’ compensation for TBIs.
Severe head injuries usually have a high value in a NY workers’ compensation claim. Claims involving the loss of a limb, such as an arm or leg, also have high value.
For injuries that took place from July 1, 2024, through June 30, 2025, the maximum workers’ compensation payout in New York is $1,174.46 per week.
According to one study, 35% of workers with mild to severe brain injuries were employed one year after their injury. This number increased to 37% after two years and 42% after three to four years.
A workers’ comp settlement can take anywhere from a couple of months to well over a year. Factors affecting the timeline include disputes over claim validity, the severity of your injuries, negotiations, and the time it takes you to reach maximum medical improvement (MMI). Generally, the workers’ comp settlement process is faster if you have a TBI lawyer.
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