As most of us in Eastern Kentucky coal country are well aware, work can be a dangerous place. When an injury in the workplace leads to brain damage, the effects can be devastating and life-changing, since the brain controls all our bodily and mental functions. Brain injuries can produce changes in personality, intellect, creativity, and memory, and severe injuries can lead to paralysis, inability to communicate, coma, or death. Those who survive may need life-long care and face financially draining medical and rehabilitation costs, and they may be left unable to work again.
According to a report by the Kentucky Injury Prevention and Research Center (KIPRC), on-the-job traumatic brain injuries (or work-related TBIs) are a problem in the state — prompting the organization to issue a hazard alert to educate employers and employees about the issue. According to the KIPRC alert, the leading causes of TBIs at work are falls, being struck by or pinned against something, and motor vehicle accidents.
When TBIs happen at work, the injured worker may be entitled to compensation through workers’ compensation insurance or a personal injury lawsuit. While no amount of money can make up for the suffering a brain injury can cause, a successful brain injury claim can ease the resulting financial burdens and pay for the care and treatment needed.
If you or a loved one was injured in a work-related accident, an experienced personal injury attorney can help you determine the best way for you to obtain the benefits you deserve.
TBIs Are Not Always Visible, but They Are Dangerous
The Centers for Disease Control (CDC) defines a TBI as “a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.” Traumatic brain injuries vary widely in severity. If you experience a mild concussion, you may be fully recovered in a matter of days. More serious TBIs may cause lifelong problems and even death. The CDC says that TBIs are a factor in about 30% of injury deaths.
TBIs are tricky, because they are not usually obvious like an injury to the outside of your body. You may look completely healthy to the people around you. And while some symptoms manifest immediately, others may not appear for days or even months after the original incident.
Symptoms of a mild TBI may include:
- Short loss of consciousness
- A feeling of confusion or disorientation
- Dizziness
- Sleep problems, from sleeping more than usual to insomnia
- Nausea
- Headache
- Speech problems
- Tiredness or fatigue
- Mood changes
- Problems with memory or concentration
- Depression
- Blurred vision
- Ringing in the ears
- Sensitivity to sensory stimulation
- An unpleasant taste in the mouth.
Symptoms of a moderate or severe TBI may include:
- Loss of consciousness, from minutes to hours
- Headache that increases in severity or won’t go away
- Continuous vomiting or nausea
- Seizures
- Slurred speech
- Difficulty waking up
- Lack of coordination
- Enlarged pupil in one or both eyes
- Weakness or tingling sensation in arms, legs, fingers, or toes
- A state of confusion or agitation
- Uncharacteristic behavior, such as combativeness
- Drainage of clear fluid from nose or ears.
Getting Compensation for a TBI
Injured workers in Kentucky have two primary options for recovering damages after a work accident: workers’ compensation and filing a personal injury lawsuit. Kentucky requires nearly all employers to carry workers’ compensation insurance. Workers’ comp provides benefits that include payment of medical bills and partial wage replacement, depending on the severity and duration of the injury.
While injured workers receiving workers’ comp forfeit their right to sue their employer for damages, there are situations where an injured worker may be able to file a personal injury lawsuit for additional damages, including full wage loss and pain and suffering. You may be able to bring a case if a third party who wasn’t your employer caused the accident that injured you.
Examples include:
- Third-party vendors, suppliers, and contractors on the worksite
- A negligent driver or equipment operator who crashed into you
- Property owners who fail to maintain their property
- Manufacturers of defective work equipment or tools that injured you.
If You’ve Suffered a TBI on the Job, Billy Johnson Can Help
Depending on how you acquired your work-related traumatic brain injury, you may be entitled to workers’ compensation or you may have a case for a work-injury lawsuit. Either way, you don’t want to navigate the law on your own.
At the Johnson Law Firm, our skilled lawyers know what to look for in building a claim. We can assess the circumstances of how your brain injury happened, identify the parties who were at fault, and deal with the complexities of both workers’ compensation and civil courts. Attorney Billy Johnson has the skills, experience, and resources to help brain injury victims and their families get justice and win the compensation they need to put their lives back together, and he is ready to help you.
We offer a free consultation to discuss the circumstances of your case, so call us at 606-437-4488 today to get started.
Attorney Billy Johnson
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]
