Concussions and Traumatic Brain Injury
A concussion is a common type of traumatic brain injury that occurs when the brain is jarred inside the skull. A growing body of medical research shows that concussions have greater long-term consequences than previously understood. This may lead to minor or serious memory loss, behavioral issues, and ongoing cognitive challenges.
Concussions are often associated with a fall or blow to the head, but it’s not necessary for the head to actually hit the ground or another object to sustain a concussion. Violent motion from a sudden stop can cause also the brain to strike against the skull, resulting in a concussion. Concussions often occur from:
- Vehicle collisions,
- Slip-and-falls,
- Workplace accidents,
- Personal assault, and
- Sports and recreational injuries.
Workers should understand that a concussion is a traumatic brain injury. Even though some are comparatively mild, no injury to the brain is ever trivial. A seemingly minor concussion can result in long-term consequences, from persistent headaches and fatigue to notable changes in mood.
If someone’s negligence has contributed to your concussion injury, you need a law firm with a record of winning cases for brain injury survivors. Our Brain Injury Attorneys can fight to get you the maximum compensation for your injury.
Is Your Traumatic Brain Injury a Third-Party Claim or a Washington State L&I Claim?
Third-Party Claim
A third-party claim is one in which someone other than your employer or co-worker is responsible for your injury. If you have been injured on the job due to someone else’s actions or negligence, you may be entitled to additional compensation through a third-party claim, which combines your L&I claim with a personal injury claim using the same facts.
Unlike workers’ compensation payments, there is no limit to the amount of compensation an injured worker may seek in third-party damages. Third-party claims are private matters and are typically litigated directly with the Washington State Superior Court.
If your traumatic brain injury leaves you out of work for an extended period of time, you may be entitled to compensation for pain, suffering, and lost wages.
Washington State L&I Claim
A Washington state L&I claim results from a workplace injury or occupational disease. An L&I claim is monitored and managed by an L&I Claims Manager who sees the process through from initial claim filing to closure. If all goes as planned, your claim is accepted by L&I and you will receive certain benefits.
When you are injured or contract certain types of illnesses at work, you are entitled to certain workers’ compensation benefits. You can file an L&I claim in Washington state through the L&I website’s File Fast tool, by calling the L&I office at 877.561.3453, or at your doctor’s office. After you file, it is imperative that you call an experienced L&I attorney to help you navigate the L&I claims process.
What Compensation Can You Recover?
- Medical benefits: L&I medical benefits will cover all medical costs associated with your claim. This can include doctor appointments, treatments, surgeries, occupational therapy, and prescription medications.
- Time-loss benefits: If you are approved for time-loss benefits, you may receive compensation for the lost wages and vocational rehabilitation.
1. L&I disability pension: a life-long benefit awarded to injured workers who will never be able to return to any gainful employment due to a severe or life-threatening injury.
2. Permanent partial disability (PPD) award: a one-time sum paid to injured workers when their L&I claim is closed. The worker can re-enter the workforce following a PPD award.
3. Claim resolution settlement agreement (CRSA):an L&I settlement option where all parties agree to close an injury claim for a specified amount. When agreeing to this settlement type, the injured worker exchanges all future L&I benefits, except medical, for the payment.
We understand that many families depend on the income of an injured worker, and our L&I and Personal Injury Attorneys are dedicated to winning the benefits and compensation you are entitled to by law. Our practice was founded on a commitment to advocating for workers’ rights, and we are proud of our record protecting the injured and disabled. Call us today for a Free Case Reiew with an experienced Intake Specialist and learn how Emery | Reddy may be able to help. No fee unless we recover for you.