Fremont Workplace Brain Injury Lawyer

Fremont Workplace Brain Injury Attorney

When you’ve suffered a traumatic brain injury at work, trying to navigate the complex workers’ compensation system in California can be almost impossible. Complicated laws, claim denials, and delayed benefits can be serious obstacles to your recovery. A Fremont workplace brain injury lawyer from Wiesner English, P.C., can assess your injury and help you pursue the compensation you need to heal.

Why Clients Trust Wiesner English, P.C.

Wiesner English, P.C. is a firm dedicated to pursuing justice and fair compensation for injured workers. In our over 20 years of cumulative experience in workers’ compensation law, we’ve served many clients with brain injuries and understand just how life-altering such injuries can be. We know how difficult it can be to get through the workers’ compensation process when your main focus is finding relief from your symptoms.

Beyond the office, our workers’ compensation attorneys demonstrate dedication to their field as members of the California Applicants’ Attorneys Association and the Santa Clara County Workers’ Compensation Attorney Association. Mr. English also provides volunteer representation to workers through the Katharine and George Alexander Community Law Center.

Understanding Traumatic Brain Injuries in the Workplace

A traumatic brain injury (TBI) is an umbrella term used for injuries that result from an external force causing severe damage to the brain. TBIs can cause issues ranging from mild headaches to permanent mental disabilities. Although symptoms can vary depending on nature of an injury and the region of the brain affected, common symptoms of a TBI can include:

• Dizziness
• Headache
• Fatigue
• Nausea
• Numbness or weakness
• Loss of consciousness
• Seizures
• Emotional changes, like mood swings, depression, anxiety, and anger
• Cognitive changes, like trouble speaking, memory problems, and confusion

Anyone with a suspected TBI that was caused in their workplace should report the injury to their supervisor and get medical help immediately. Seeking swift medical intervention allows for your well-being to be prioritized and also creates an official medical record that you can later use when filing a claim.

How Do You Get Workers’ Compensation Benefits in California?

According to the California Department of Industrial Relations, Alameda County saw 30,117 first reports of injury in 2024. That’s a 3.5% rate of workplace injuries.

California law requires employers to have some form of workers’ compensation insurance to aid injured workers during their recovery. To qualify for workers’ compensation in California, you must have been injured while performing duties related to your job or while on company property. If you’re injured while working in Fremont, you should report the incident to your employer immediately. From there, they can send you a claim form to file with their insurer.

Not all injuries qualify for workers’ compensation benefits in California, so it’s important that you discuss your case with an experienced workers’ compensation lawyer who can help you determine the right legal pathway to secure benefits. Benefits can provide payments for medical care, lost wages, permanent disabilities, and more. If you’ve suffered a TBI because of a workplace injury, you may qualify for long-term benefits.

Why You Should Hire a Workplace Brain Injury Lawyer in Fremont, CA

Getting workers’ compensation benefits for a brain injury can, unfortunately, take a great deal of effort. It can be difficult to figure out what you’re eligible to claim and what documentation you need, and poorly filled-out claims can result in inadequate payments or denials. You should hire a workplace brain injury lawyer as soon as you are injured to make sure that your rights are protected and you meet all legal requirements and deadlines as you navigate the process.

At every stage of the claims process, an attorney from Wiesner English, P.C., can shoulder your administrative and legal tasks and support you as you recover. They can coordinate neuropsychological evaluations, secure physician testimony, and help appeal unfair claim denials. When you’re ready to pursue the compensation you deserve, you can trust Wiesner English, P.C., to advocate for you.

FAQs About Fremont, CA Workplace Brain Injury Laws

How Quickly Do You Need to File an Incident Report After Being Injured at Work in California?

California law requires employees to report workplace injuries and accidents within 30 days of their occurrence. After your initial report has been made, you generally have up to one year to file an official workers’ compensation claim with your employer’s insurer. It’s important to adhere to all deadlines to make sure you give yourself a stronger chance of securing benefits after sustaining a brain injury.

Can My Employer Retaliate If I File a Workers’ Compensation Claim in California?

It’s illegal for your employer to retaliate or discriminate against you for filing a workers’ compensation claim in California. If they do, this is a violation of your rights, which may give you grounds for further legal recourse. You should consult an employment lawyer to better understand your rights as a California employee and what you can do if your employer illegally retaliates against you.

What Is the Average Workers’ Compensation Settlement for Victims of TBIs in California?

If you sustain a TBI while working in California, the total amount of benefits you receive will depend heavily on the severity of your injury and how it impacts your day-to-day life. Some TBIs leave victims with lasting disabilities that impact their ability to care for themselves and perform basic tasks, while others suffer milder symptoms like headaches or memory loss. To get an estimate of the benefits you may receive, you should consult an attorney.

Who Is Covered Under Workers’ Compensation Insurance in California?

Generally, anyone considered an employee under the California Labor Code is eligible for workplace compensation benefits. This also includes people employed in informal work arrangements, such as day laborers without contracts, incarcerated workers, undocumented workers, and remote workers. However, volunteers and independent contractors are generally not entitled to workers’ compensation benefits in California.

Hire a Fremont Workplace Brain Injury Lawyer in California Today

If you’ve suffered a TBI at work, a Fremont workplace brain injury attorney at Wiesner English, P.C. can support you through every step of the workers’ compensation process. Our office is based in San Jose, near Fremont, and we represent injured workers throughout California. Contact us today to schedule your consultation and learn more about our trusted workplace injury services.