The Law Office of Alice A. Strömbom helps workers in Sacramento when they’re hurt at work and want to file for workers’ compensation benefits. Traumatic brain injuries (TBIs) are usually quite serious—and their effects aren’t always obvious right away. We can help get you the benefits you need to move forward. Set up a free consultation today.
Do I Need a Lawyer for a Workers’ Comp Claim After a Traumatic Brain Injury?
Obviously, any type of brain injury is serious. But even TBIs face pushback from workers’ comp carriers or employers. And when you consider all the challenges that come with this type of injury, you should think about talking to a lawyer (even though it’s not required.) My firm will:
- Explain your rights and options
- Look into how the injury happened and whether safety rules were ignored
- Help you document your symptoms and medical care
- Handle talks with the insurance company so you’re not left chasing paperwork or battling denials
Even with workers’ comp, TBIs can be overwhelming—physically, emotionally, and financially. Our job is to lift some of that weight and make sure you’re treated fairly. A lot of that starts with getting the right information.
What Information Will Help My Workers’ Comp Benefits?
You might think that the obvious damage that comes from a TBI is obvious, and while it largely is, that doesn’t mean your benefits are automatic. This is part of the challenge with these kinds of injuries–putting together information and evidence is sometimes impossible for you. Our team can step in, but generally, here’s what you’ll need for a strong claim:
- Medical proof of your injury. Although serious, brain injuries can sneak up on you—symptoms like headaches, fogginess, or dizziness might take hours or days to show up. Ask for copies of everything: ER records, doctor’s notes, CT or MRI scans, follow-up visits. These records connect the dots between your job and your injury, and that’s key for your claim.
- Your report to your employer. You’ll want a copy of the actual injury report you make. Also, if your employer fills out an incident report, get a copy for your own records. That paper trail will help if the insurance company later questions your story.
- Pictures/videos. If you’re able, take pictures or video of where it happened—wet floors, broken equipment, a faulty ladder, whatever was involved. And if coworkers saw it, ask them to write down what they remember. With head injuries, there’s often no visible sign of harm, so these details help show what really went on.
- Emails and texts. Keep all messages with your employer, HR, or the insurance adjuster. Even short texts or emails can show you reported your injury quickly and followed through with every request.
- Your own notes. This one’s personal but powerful. Write down what you’re feeling each day—headaches, dizziness, memory slips, mood changes, whatever’s going on. When you’re dealing with a TBI, your symptoms can change, and a personal record helps show what you’re living through, not just what shows up in test results.
Even if you do everything right, these claims can still get complicated. Brain injuries are, by nature, pretty unpredictable. This opens the door for workers’ comp carriers to push back or delay benefits. But that all happens when you file a claim, and it’s helpful to understand how that all works.
How Do I Get Workers’ Comp Benefits With a TBI?
After a head or brain injury at work, you’ve already got enough on your plate—doctor visits, symptoms that come and go, and the stress of not knowing when you’ll feel like yourself again. The good news is that you do have options for financial help. In most Sacramento workplace injury cases, that starts with filing for workers’ compensation.
- Eligibility. Every employer in California has to carry workers’ comp insurance. That means if you got hurt while doing your job—even if it wasn’t anyone’s fault—you can usually file a claim for benefits.
- Filing the claim. Once you report the injury, your employer should give you a DWC-1 claim form. Fill that out as soon as you can—it’s the official start of your claim.
- If your claim is approved, you could receive:
- Medical treatment paid for by your employer’s insurance
- Temporary disability payments while you’re unable to work
- Permanent disability payments if your symptoms don’t fully go away (which can happen with TBIs)
- Job retraining benefits if you can’t safely return to your old position
The biggest advantage of workers’ comp is that you don’t have to prove anyone was at fault. You just have to show your injury happened while you were working.
That said, workers’ comp has limits. It might not cover all your lost income or long-term care, and it doesn’t account for things like pain, anxiety, or changes in your quality of life. Most benefits also end after about 104 weeks. For someone dealing with the long-term effects of a TBI, that often isn’t enough. But that doesn’t mean you’re out of options, though.
- Civil claim. If your brain injury was caused by someone else’s negligence—a subcontractor dropping tools, a driver who hit your company vehicle, or unsafe conditions your employer ignored—you may have another option: a civil claim. This is separate from workers’ comp. It can be filed against the person or company responsible, and it allows you to recover things workers’ comp doesn’t cover, like:
- Future medical expenses
- Full lost income or loss of future earning potential
- Pain and suffering
- Emotional distress
- Loss of enjoyment or quality of life
Obviously, every situation is different. Civil claims take more time and effort, and you only have two years from the date of the accident to file. Most of the time, your two claims can overlap. This can help with evidence, but it also complicates things. That’s where our team can be a stabilizing force for you–and it’s especially important with a TBI.
Why Are Work-Related TBIs So Hard to Deal With?
A TBI is one of the toughest injuries you can go through after a workplace accident. The brain controls everything you do—how you think, move, and process the world around you. When it’s injured, even slightly, it can change your life in ways that aren’t always easy to explain or even notice right away. What more, they can happen in a split-second in any workplace—construction sites, warehouses, offices and hospitals.
But what makes these injuries especially challenging is that no two are the same, and they affect everyone differently. Here’s a few of the more common challenges that come with them though:
- Symptoms that come and go. A brain injury doesn’t always look or feel the same from one day to the next. You might be fine one morning and foggy or dizzy the next. Headaches, memory slips, or mood changes can sneak up on you, making it hard to do your job or even simple things outside of work.
- Recovery that takes time. Healing from a TBI isn’t quick or linear. It can take a long time to feel like yourself again–if you ever do. You might have to juggle doctor visits, therapy, or medication—and the costs can pile up. Even with workers’ comp, it’s not always easy to get everything approved when you need it.
- Life that feels different. Going back to work or keeping up with daily life can feel tougher than before. Maybe you get tired faster, lose patience more easily, or just don’t feel like yourself. That’s all part of what makes a TBI so challenging—it doesn’t just affect your body, it changes how you feel and live.
All of that can make the workers’ comp process feel impossible to manage on your own. Between your symptoms, the paperwork, and the back-and-forth with insurance, it’s easy to feel stuck. But you’re not alone and we can help.
Get Help With a TBI Workers’ Compensation Claim in Sacramento
No matter what kind of work you do in Sacramento, a TBI can happen when you least expect it. Maybe you slipped off a ladder at a warehouse, took a knock to the head on a construction site, or got jolted around in a delivery van.
That’s where the Law Office of Alice A. Strömbom can step in. We’ll walk you through your options and make sure you get the benefits you’re going to need to deal with your TBI. Reach out today for a free consultation to get started.