Average Workers’ Compensation Settlement for Brain Injury in California (2025)

Brain injuries in the workplace can have a long-lasting effect on a person’s health, mind, body, finances, and emotions. Workers’ compensation is meant to provide financial relief for those who have sustained injuries in the workplace. While the settlement amount for each case is based on its specific circumstances, knowing the average workers’ compensation settlement for brain injury in California can help you understand what to expect.

Understanding Workers’ Compensation for Brain Injuries

Because California has a no-fault workers’ compensation system, workers are entitled to payments regardless of who caused the accident. When it comes to workplace brain injuries, benefits usually cover medical costs, payments for temporary or permanent disability, and, if required, vocational rehabilitation. The settlement sum, however, may differ greatly depending on a number of variables.​

Workers’ Compensation and Brain Injury Costs

Brain injuries, especially traumatic ones, are a significant cause of injury and death in the United States. According to an NCCI study, 17% of mega claims between $3 million and $5 million and 30% of mega claims over $10 million are related to brain and head injuries, including traumatic brain injuries (TBIs).

In California, workers’ compensation typically pays out amounts in this range:

• Up to $10,000 in burial expenses if the injury results in death.
• $0.70 per mile for transportation if victims have to travel for treatment

Additionally, the statewide average weekly wage paid for permanent total disability benefits is $1,704.00, with the amount adjusted each year.

Factors Influencing Settlement Amounts

Each settlement amount varies. The severity of the injury is one of the main factors that affect settlement amounts. Typically, mild traumatic brain injuries (such as concussions) result in smaller settlements. Moderate brain injuries often result in slightly higher payouts, as they will require additional treatment. Severe brain injuries usually result in the highest payouts because they may require lifelong care.

Other factors that influence settlement amounts include:

• Medical expenses. This cost encompasses hospital stays, surgeries, rehabilitation, and medication. This also includes any future medical expenses the injured party can expect to incur.
• Lost wages. If a brain injury causes a person to miss work or affects their ability to work in the future, settlements can include reimbursements for this loss.
• Permanent disability. When a brain injury causes permanent impairment, a settlement amount can include compensation for permanent disability. The amount will depend on the level of impairment.
• Vocational needs. Occasionally, settlements can include costs for rehabilitation to train workers for a new occupation.

What to Do After a Workplace Brain Injury in California

If you’ve suffered a brain injury while on the job in California, taking the right steps can make a huge difference in your recovery and settlement amount. After a workplace brain injury, consider doing the following:

• Seek immediate medical attention. Even if you don’t have immediately recognizable injuries, still seek medical attention. Brain injuries can be unpredictable, and the symptoms may not be immediately apparent. Your employer should immediately provide you with access to the designated medical provider network that the California Division of Workers’ Compensation (DWC) mandates for treatment.
• Report the injury to your employer. Make sure your employer is aware of the incident right away. Submit the report in writing so there is evidence that they were informed. After reporting, you will be given a form to formally begin the compensation process.
• File a workers’ compensation claim. Do not delay in reporting and filing to avoid any denials of your request. Be sure to keep detailed records of your symptoms and progress during recovery. Your employer’s insurance will evaluate your claim to determine eligibility.
• Consider legal advice. It could be necessary to consult a workers’ compensation lawyer if your claim is rejected or delayed, or if you feel you aren’t getting all the benefits to which you are legally entitled. Although the California DWC Information and Assistance Unit provides assistance with the claims procedure, a committed lawyer can represent you and fight for your rights, particularly when dealing with severe or chronic TBIs.

FAQs

Can I Receive Workers’ Compensation If My Brain Injury Symptoms Appear Later?

Yes, you may be able to receive workers’ compensation if your brain injury symptoms appear later. Symptoms of brain injuries frequently appear gradually. You could still be entitled to compensation if the condition is connected to an incident at work and reported within the allotted period. Your claim is protected by timely reporting and medical evidence. Seeking medical attention right away is highly recommended, even when you have no immediate symptoms.

Can I File a Claim Against My Employer for a Workplace Brain Injury?

Generally speaking, you cannot file a claim against your employer if you receive workers’ compensation benefits. This is because workers’ compensation is a no-fault system. However, you may be able to file a claim against a third party who was responsible for your injury, such as a manufacturer who sold your employer faulty equipment that injured you.

What Happens if My Workers’ Compensation Claim Is Denied?

If your claim is denied, you may submit an appeal with the California Division of Workers’ Compensation. A judge experienced in workers’ compensation will hear your case. Although you have the option to represent yourself, engaging legal counsel increases the likelihood of a successful conclusion, as they know the law and can advocate on your behalf.

Are the Emotional and Psychological Effects of Brain Injuries Covered?

Yes, the emotional and psychological effects of brain injuries are covered in settlements. Workers’ compensation in California acknowledges psychological and emotional disorders brought on by work-related injuries. Therapy, medication, and compensation for associated impairments may be part of the treatment and benefits if your brain injury results in depression, anxiety, or cognitive decline.

Contact a California Brain Injury Attorney From Wiesner English, P.C., Today

If you have suffered a brain injury at work, an attorney at Wiesner English, P.C., can help you understand your options. You do not have to go through the process alone. Contact us today for a consultation to learn more.