Approximately 3.3% of U.S. adults and 2.2% of children have reported to have suffered from a traumatic brain injury (TBI). Approximately 55.5% of children who experienced TBI got the injury while engaged in a sports or recreational activity, while around 62.4% received some medical evaluation. Falls are the leading cause of TBIs, accounting for approximately 40.5% of the total, followed by motor vehicle crashes.
Traumatic brain injuries sustained by employees while at work expose affected persons to a serious medical condition that may have lasting physical, cognitive, and emotional effects. TBIs often stem from events like falling off a height, getting struck hard, vehicular accidents, or equipment malfunction. These incidents result in a particularly high frequency of construction and manufacturing industries.
A mild form of brain injury could cause memory complications, loss of attention, and coordination. A severe stage causes continuous health complications or the need for long-term supervision. According to workplace traumatic brain injury lawyer Briana E. Chua, symptoms of a brain injury might not show for days. Afterwards, secondary injuries may develop after the initial head trauma, potentially posing medical complications of a life-threatening nature.
Let’s learn the severity of workplace TBIs to guarantee proper medical treatment, workplace safety, and legal protections.
How Traumatic Brain Injuries Happen at Work
Receiving a traumatic brain injury in the workplace is usually the result of a fall in the environment associated with risky places like construction sites. Workers may sustain head injuries from the impact of tools, materials, and equipment that strike them at job sites. These work areas often contain multiple people and high-speed activities. TBI accidents normally involve construction and transportation contexts.
The construction industry has the highest number of both fatal and nonfatal work-related TBIs among all U.S. industries, according to NIOSH research. TBIs accounted for 25% of all construction fatalities during the period from 2003 to 2010.
Workplace violence through direct head strikes constitutes a recognized but infrequent cause of TBI, which occurs in multiple industries.
Recognizing the Signs of a Traumatic Brain Injury
Symptoms associated with this condition include headaches, feeling dizzy, being confused, experiencing nausea, and exhibiting extreme sensitivity to light and sound.
The regular cognitive effects of TBI are memory problems, difficulty concentrating, and reduced mental processing. These signs may not show until a worker tries to perform regular tasks.
Mood changes with sleep disturbances and depression, together with post-traumatic stress disorder, create additional mental health conditions.
Medical professionals should evaluate any instance of lost consciousness that follows a head injury. The assessment should begin immediately after sustaining a head trauma.
Legal Rights After a Workplace TBI
A worker who sustains a TBI on the job may receive workers’ compensation benefits, which include medical treatment and wage-related payments according to state laws and claim requirements. The employer needs to receive the report of the injury as soon as possible because this requirement establishes the deadline for the claim.
When negligence on the part of another is to blame for a concussion or traumatic brain injury, you may be able to secure compensation for your injury, according to a Cleveland traumatic brain injury lawyer.
A workplace injury attorney can determine whether additional claims exist and what types of damages victims can recover.
The Americans with Disabilities Act protects workers who sustain TBIs. A TBI qualifies as a disability according to 42 U. S. C. § 12102 when it restricts at least one major life activity.
Covered employers need to provide reasonable accommodations for qualified employees, except when such accommodations create excessive difficulty for the employer. ADA employment protections usually apply to employers with 15 or more employees.
Returning to Work After a TBI
The recovery process for TBI requires different lengths of time since it depends on how severe the injury is.
Returning to work depends on an individual’s physical capabilities. Some workers are allowed to go back to work only days after experiencing their accidents, mostly if their disabilities were temporary. Those who have been seriously injured may take months of recovery before they are declared fit to execute their work tasks. The healthcare practitioners looking after the workers are given the task of certifying whether the patients are fit enough to work and might recommend work modifications.
The first reintegration phase requires employees to use reduced work hours or flexible hours. TBI victims returning to the workforce need access to quieter workspaces and written instructions instead of verbal ones. They also need extended time to complete their work. The healthcare practitioner should clearly communicate the needs of the TBI patient to their employer. Doing so could lead to the creation of suitable workplace accommodations during the recovery period.
A workers’ compensation attorney judges conflicts regarding benefits and manages third-party claims, while a vocational rehabilitation professional engages in strategy development for return to work arrangements and work modifications.
You must fully understand the above details to help you secure the compensation you rightfully deserve.
