Suffer a Brain Injury on the Job in Virginia? A Workers’ Comp Lawyer Can Help

No one wakes up and heads to work, expecting they’ll suffer a brain injury. Sadly, no matter how careful you may be, there’s always a chance you’ll be hit by an object, fall from a significant height, get in a work-related car accident, or even fall victim to workplace violence.

If you do happen to suffer a traumatic brain injury — or any other injury — at work, you’ll need to file a workers’ compensation claim.

Understanding Workers’ Compensation for Brain Injuries in Virginia

Virginia’s workers’ compensation system was implemented to help injured workers get the medical and financial support they need without having to file a personal injury lawsuit. Fortunately, it’s also (usually) simpler to get benefits through the workers’ compensation system.

In Virginia, workers’ compensation is a no-fault system, which means that you don’t have to prove your employer was at fault for your injury. However, there are some situations (like if you were intoxicated at the time of your injury) where you may be barred from receiving compensation.

If your claim is accepted, you can receive benefits for medical care, partial disability, or total disability. Your employer’s workers’ compensation insurance should cover your initial hospital visit, follow-up visits, rehabilitation, and even home health services if need be.

Workers’ compensation will not completely replace your wages, but it does offer wage replacement:

Temporary Total Disability (TTD)

If you can perform no job duties at all for a limited period (when you’re recovering), you can generally receive 66.66% of your average weekly wage.

Permanent Partial Disability (PPD)

If your brain injury permanently diminishes your earning capacity — but you are still able to do some kind of work — workers’ compensation will likely offer you some kind of long-term compensation. The amount of compensation depends on your specific disability.

Permanent Total Disability (PTD)

If your injury is so severe that you are unable to work at all, you may qualify to receive disability payments for life.

What Makes Brain Injury Claims So Complicated?

On the surface level, the workers’ compensation system doesn’t sound terribly complex. However, like any other insurance provider, workers’ compensation insurance companies primarily focus on avoiding paying claims wherever they can.

With very clear-cut, unambiguous injuries (like a broken leg), it’s harder for insurers to unjustly deny claims. However, brain injuries are notoriously complex for a number of reasons:

• Many don’t show symptoms right away
• No two brain injuries are exactly the same
• Doctors don’t always know whether a given brain injury will heal completely
• Many brain injuries need long-term management
• There’s often little to no exterior evidence of an injury

Insurance providers often exploit these factors when denying or underpaying claims. A workers’ compensation lawyer may be able to increase your chances of having your claim approved.

How a Workers’ Comp Lawyer Protects Your Rights

When you file a workers’ compensation claim, you’re going up against both your employer and the workers’ compensation insurance company. Even a seemingly small mistake when filing a claim can result in a delay or a denial, and when you’re in desperate need of medical care and financial help, that can be disastrous.

Technically speaking, you can file a workers’ compensation claim yourself — there’s no requirement to have an attorney. However, your attorney can advocate for you throughout the process.

Helping to Maximize Your Benefits and Medical Coverage

When it comes to brain injuries, insurance providers are often reluctant to pay. Your brain injury lawyer can take several steps to maximize your benefits:

• Investigating the work accident
• Obtaining statements from medical providers
• Seeking testimony from expert witnesses if needed
• Thoroughly documenting the accident and your injuries

Often, simply having a lawyer alongside you works in your favor. Insurance companies know that if they don’t pay the benefits you deserve, your attorney is ready to take the case to trial.

What to Do if Your Claim Is Denied

Having your workers’ comp claim denied can be upsetting. However, you still have options. You can appeal the denial through the Virginia Workers’ Compensation Commission (VWCC). If you didn’t have an attorney when you first filed your claim, you should strongly consider hiring one before appealing.

FAQ

Can I Get Workers’ Compensation Benefits for a Brain Injury?

Yes. If you suffer a brain injury at work, you can receive medical benefits and partial wage replacement while you heal.

What if I Can’t Go Back to Work After My Injury?

Unfortunately, some brain injuries do not heal. If you are able to work in a lesser capacity than before, you may be entitled to permanent partial disability (PPD) benefits. If you are unable to work at all, you might be able to receive permanent total disability (PTD).

What Happens if My Claim Is Denied?

If your claim is denied, don’t give up hope. You can file an appeal, and your workers’ compensation attorney can help you do so.

You Don’t Have to Deal With a Brain Injury Alone

Navigating the aftermath of any serious injury is a challenge. However, brain injuries can impair your cognitive functioning in a way that makes it difficult to get through the day and handle basic tasks — let alone handle the workers’ compensation system.

Commonwealth Law Group is here to help. We’re dedicated to standing up for injured people and fighting for the compensation they deserve. If you’ve suffered an injury to the brain and need help with your workers’ compensation claim, call us or get in touch online for a free consultation with a brain injury attorney.