Any kind of injury in the workplace, especially if it is severe enough to affect your cognitive function, ability to work, quality of life in the long run, is enough of a reason to consult a legal professional immediately. The sooner you initiate the medical treatment and workers compensation claim filing process, the sooner will you be able to get your life back on track. Consult an aggressive Work Comp attorney specializing in San Diego brain injury cases for assistance with your workers compensation claim.
So other than consulting a lawyer with a track record in the area, what else can you do? What other factors will affect the outcome? How can you maximize your brain injury workers compensation benefits? Read on.
Did you lose consciousness?
This is a common sign of brain injuries and concussions: amnesia and loss of consciousness. In order to maximize your chances of being awarded workers compensation benefits, your medical records need to prove you have lost consciousness after the injury. This is something that both the insurance company, your doctor and any other parties involved in your claim will go over in detail.
If you have experienced loss of consciousness, it means that you have suffered a serious or potentially serious injury. On the other hand, if you haven’t lost consciousness as a result of the injury, they will use this to minimize your brain injury, its effect on your health and its consequences.
Did the injury affect your cognitive performance?
An insurance company will go to great detail to ensure whether or not your cognitive performance has been affected by the brain injury. They will typically use your old school records, even if you left school decades ago. The outcome may also depend on how cognitively demanding your work is.
Are you seeing a medical specialist?
For serious brain injuries, seeing a primary doctor will not suffice. This is another trap that you might unknowingly fall into. What you need is to have a neurologist conduct an evaluation and actually be in charge of your treatment. This is important not just because it boosts your chances of filing your workers compensation claim effectively, but also because seeing an experienced specialist following your workplace brain injury could be vital to your recovery.
When you suffer a Traumatic Brain Injury, your ability to function is reduced as a result of a chemical imbalance in the brain. Over time, the chemistry in the brain starts to improve but it could take months before your brain injury heals and your brain’s chemical balance is fully restored.
Making a full recovery from a brain injury is possible, but it really depends on the severity of the brain injury. In case of a Traumatic Brain Injury, things are more complicated. Namely, patients who have suffered a moderate TBI can regain consciousness in a matter of days or weeks.
However, in case of severe TBIs, the progress is excruciatingly slow and the patients are left dealing with impaired consciousness for months on end. In the most extreme cases, the recovery may even span years.
Brace yourself for challenging and difficult times
Aside from being complex and complicate to treat, brain injuries inevitably come with unpredictable side effects: headaches, mood swings, poor anger management, impatience, relationship issues. As if all of that weren’t bad enough, brain injuries are also costly which has a direct effect on your employer and their insurance company.
In other words, they will fight you and try to minimize the extent and the effect of the injury in order to make the situation seem less severe and less serious than it is. But since you have reason to expect far-reaching implications, you must persevere. Again, consulting one of our experienced and highly competent attorneys specializing in brain injury cases would be your best course of action.
Your best chance of beating the deadline
Members of our legal team with the most experience in San Diego brain injury cases can help you secure your workers compensation benefits, even if your claim has been denied in the past. Leave nothing to chance and put your trust in the most sought-after attorneys in the area. You deserve to receive your workers compensation benefits and medical treatment so you can make maximum recovery as soon as possible, and we are here to make it happen. Reach out to us in our Chula Vista office or one of our two San Diego locations. Call today!