Are you or a loved one suffering from an on-the-job TBI, concussion or other head injury?
Schedule a free consultation with our experienced Georgia head & brain injury lawyers.
If you or a loved suffered a head or brain injury, you probably have an overwhelming number of questions keeping you up at night. What are the long-term effects of TBI? How much is treatment going to cost? Who should pay for my medical bills? When, if ever, will I be able to return to work? Will life ever be normal again?
A traumatic brain injury (TBI) is one of the most serious ailments a person can face in the aftermath of an accident. Closed head injuries from falls or other accidents are especially common in the workplace, yet they are often difficult to prove. If you or a loved one has suffered a closed head injury, concussion or traumatic brain injury, you need to speak to an experienced workplace head and brain injury lawyer.
Our attorneys have more than 100 years of combined legal experience in workers’ compensation. We know Georgia law inside and out, and we know which friendly physicians will help you or your spouse get better. You can count on us to help you build a strong case. These cases are very frequently catastrophic. We regularly represent construction workers, firefighters, law enforcement, factory workers, roofers, janitors, restaurant workers and employees in many other dangerous professions.
The clock is ticking on your case.
Contact Gerber & Elkins Workers’ Compensation Attorneys today for your free consultation.Client reviews
“They were the most amazing team. They got me through my case quickly and handled everything with a quick response. Some of the nicest people, thank you for all your hard work, you made this effortless for me especially during this hard time.”
“I have the best experience with Natalie Elkins and her PA who was wonderful with the process I was going through. They lead me in the right direction and keep me from being overwhelmed. I’d give them more stars if it was allowed and would recommend her to anyone needing help.”
“Gerber and Elkins is, hands down, one of the best firms to work with. From a call and email from Ben Gerber to answer all my questions to Karen Lovell going above and beyond to handle my case. They did an amazing job and have the best level of communication I have ever come in contact with. While I hope I never need them again, I know if I by chance do, I will choose them again in a heartbeat.”
Fill out a contact form or give us a call and we’ll be in touch with you shortly to get more details about your case. The Georgia statute of limitations requires injured workers to file a workers’ compensation claim within 1 year from date of injury (not 2 years like most other personal injury claims). After this period, your chance to receive financial reimbursement may expire. Even waiting a month to file a claim could seriously impact your benefits.
Workers’ compensation for serious brain injuries
Under Georgia’s workers’ compensation law, employers must carry insurance that offers financial support to any employees who are injured on the job. This compensation should pay for medical expenses and lost income associated with the injury. In most cases, employers are required to provide workers’ compensation benefits to employees harmed in a work-related accident.
Unfortunately, obtaining these benefits isn’t always as cut and dried as it should be. Head trauma and traumatic brain injuries are especially challenging because the signs of damage can be unpredictable and don’t always appear right away. Insurance companies often try to use delayed symptoms as a reason to deny a claim, or they may try to pressure an injured worker to settle for a lower amount before the full extent of damage is known.
Closed head injuries
Sometimes, even neurologists don’t realize there has been a brain injury. Closed head injuries and brain injuries, like a concussion, can be common, but they are usually subtle. The symptoms only manifest themselves in the behavioral changes of the person after their injury.
Our head injury lawyers are familiar with neuropsychologists who can conduct numerous tests to determine the true cause of the injury. We’ll fight to prove that the workplace injury caused the problem so you get the workers’ compensation benefits you are owed.
Traumatic brain injuries
Our law firm is also experienced when it comes to traumatic brain injuries and head injuries such as those that result in coma, a vegetative state or brain damage. Our brain injury lawyer can help your family qualify for catastrophic benefits. We may be able to secure home care payments, even for spouses who serve as primary caregivers.
Our record for workers’ compensation TBI claims includes significant financial recovery for cases related to:
- Motor vehicle accidents
- Loading dock accidents
- Falls and dropped objects
- Work-related medical conditions
It’s important to realize that brain and head injury symptoms may not appear immediately after they occur. Also, a TBI can happen even if you aren’t knocked unconscious. Regardless of how minor an accident may have seemed, if your head was affected, you should seek immediate medical attention.
Amnesia (memory loss), inability to speak or understand language, mental confusion, difficulty concentrating, difficulty thinking and understanding, inability to create new memories, a temporary moment of clarity, inability to recognize common things
Abnormal laughing and crying, aggression, impulsivity, irritability, lack of restraint, or persistent repetition of words or actions, depression, anger, anxiety, apathy, loneliness, sleep disorders
Blackout, dizziness, fainting, fatigue, persistent headache, bruising, bleeding, bone fracture
Dilated pupil, raccoon eyes, unequal pupils, blurred vision
Nausea or vomiting
Instability, stiff muscles or post-traumatic seizure
Sensitivity to light or sound, loss of smell, ringing in the ears
Difficulty speaking or slurred speech
Source: Mayo Clinic
A closer look at post-concussion syndrome in the workplace
Post-concussion syndrome (PCS) is a mild traumatic brain injury (TBI) that can have lasting effects that persist well beyond the initial injury. This syndrome may go unnoticed in a work environment but can significantly hamper an employee’s performance.
How long does PCS last?
While most concussion symptoms disappear within a couple of weeks, some injured workers may continue to experience headaches, memory problems, and dizziness for several weeks or even months.
This condition can be particularly troubling, as it affects not only the physical health but also the cognitive functions of employees.
When does PCS become chronic?
Fortunately, most workers recover quickly from PCS, typically within 10 to 14 days.
However, if symptoms persist longer than 3 months, it becomes a chronic condition that poses a more serious concern, as it could potentially impact the worker’s ability to function effectively at work and home.
Comparing traumatic brain injury and post-concussion syndrome
While both TBIs and PCS involve injuries to the brain, they are distinct in their characteristics:
- TBIs. These include a broad spectrum of injuries, ranging from mild to severe, that can result in long-term disability.
- PCS. This is a specific, milder form of TBI with lingering issues such as sleep disturbances and cognitive impairments, which may be overlooked in the workplace but have long-term effects on job performance.
Addressing PCS in work-related injuries
The implications of post-concussion syndrome in the workplace reach beyond simple medical concerns. It’s a condition that requires awareness, early diagnosis, and appropriate workplace support for effective management.
Employers and co-workers should be educated about PCS to foster a work environment that facilitates recovery and accommodates those struggling with this often invisible but impactful condition.
Whether it’s modifying duties or providing additional rest breaks, a compassionate approach to PCS can make a world of difference in a worker’s recovery and long-term well-being.
Types of injuries covered by Georgia workers’ compensation claims
If you’re injured on the job, you should know that you have certain rights, benefits and responsibilities.
Client successes
Our record of securing workers’ comp head/brain injury settlements claims speaks for itself:
Workers’ comp benefits for a traumatic head or brain injury
Every case is unique, which is why it’s important to speak with a knowledgeable brain injury lawyer. Generally speaking though, under Georgia law, individuals suffering from head trauma or TBI caused by a work-related accident are eligible to receive workers’ compensation benefits for the following types of damages:
Medical expenses. Workers’ comp covers all authorized healthcare costs, including past and future medical treatment, prescriptions, etc.
Death benefits. A worker’s spouse, children, or other dependents can receive up to two-thirds of the worker’s average weekly wage if the work injury proved fatal.
Wage loss benefits. If the injured employee misses any work due to the injury or is permanently injured, they will likely be granted one of three types of benefits: temporary total disability (TTD) , temporary partial disability (TPD), or permanent partial disability (PPD).
Mileage reimbursement. Gas and other travel expenses going to and from doctors’ appointments is also covered by workers’ comp.
Vocational support. If you’re unable to return to your normal job, workers’ comp can pay for placement services and other rehabilitation assistance in finding new employment.
Funeral expenses. A worker’s spouse, children, or other dependents can receive up to $7,500 in funeral and burial expenses for a deceased worker.
What to do when workers’ compensation fails you
Workers’ compensation only covers a portion of the total cost of a work-related injury. It doesn’t pay anything for the pain and suffering caused by your injury. In some cases, you may be able to file a lawsuit to recover pain and suffering and other losses not offered under current workers’ comp law.
Whether your damages far outweigh what workers’ comp was able to provide or your claim was denied altogether, it’s time to consult with the head injury lawyers at the Atlanta, Georgia law firm of Gerber & Elkins Workers’ Compensation Attorneys. We have the experience you need and will advocate for you if you’ve suffered a head injury and can’t return to work.
Like other types of work-related injuries, traumatic brain injury lawsuits must be filed within a certain period of time after the injury occured or was first discovered. This time period is known as the “statute of limitations,” and is two years for work-related head and brain injury cases.
Contact us today to schedule your free consultation and find out if you have a case.
References
D’Souza, M., Trivedi, R., Singh, K., Grover, H., Choudhury, A., Kaur, P., Kumar, P., & Tripathi, R. (2015). Traumatic brain injury and the post-concussion syndrome: A diffusion tensor tractography study. Indian Journal of Radiology and Imaging, 25(4), 404. https://doi.org/10.4103/0971-3026.169445
Mayo Clinic. (2017). Post-concussion syndrome – symptoms and causes. Mayo Clinic. https://www.mayoclinic.org/diseases-conditions/post-concussion-syndrome/symptoms-causes/syc-20353352
