Fresno Workplace Brain Injury Lawyer

Fresno Workplace Brain Injury Attorney

A brain injury is an extremely serious affliction, often causing lifelong health complications and presenting many difficulties relating to income and livelihood. Brain injuries caused by workplace incidents can be particularly devastating, especially if they were due to another’s negligence. Hire a Fresno workplace brain injury lawyer today to get started on your path to restitution.

About the Office of Wiesner English, P.C.

At Wiesner English, P.C., we understand the severity of workplace brain injuries and the importance of helping our clients receive the justice and compensation they deserve. As an experienced Workers’ Compensation Lawyer, our firm places workplace injury at the heart of our practice, representing injured workers in cases ranging from uncontested claims to those involving multiple parties and catastrophic injury.

When pursuing a workplace brain injury claim, your specific industry can be pertinent to your case. Wiesner English, P.C. has experience representing clients of all career backgrounds, including union members, hospitality staff, educators, warehouse workers, and countless others.

If you have suffered a brain injury at the workplace in California, place your case in the locally trusted hands of the attorneys at Wiesner English, P.C.

Types of Traumatic Brain Injuries (TBI)

Traumatic brain injuries are caused by violent force applied to the head or body. An object puncturing a person’s brain (such as a bullet) may also cause severe damage to the brain tissue and result in a TBI. They are particularly harmful to children, men, and the elderly.

TBIs are the leading cause of neurological issues and are even considered a global health issue and public safety risk due to their frequent occurrence and devastating results. When examining a traumatic brain injury, whether it’s an open or closed head TBI, there are two main categories that the injury may qualify under:

Mild TBIs

Though these brain injuries are classified as mild, they are still serious injuries that require immediate medical attention. The symptoms associated with a mild TBI often include nausea, vomiting, fatigue, issues with speech, loss of balance, blurry vision, memory issues, mood swings, ringing ears, loss of taste or smell, and trouble sleeping regularly.

Moderate and Severe TBIs

These injuries have significant symptoms that can greatly impact the victim’s daily life. These effects may involve extended loss of consciousness, seizures, pupil dilation, combative behavior, confusion, slurred speech, and even coma. These injuries can also lead to further neurological deterioration that can present a host of diagnoses as a result.

Statute of Limitations on Workplace Brain Injuries in California

When filing a workplace brain injury claim, it is extremely important to be familiar with the statute of limitations in your state for such incidents. Once the statute of limitations has expired on your injury, there will be no further chance to pursue legal compensation. In Fresno, these claims are handled by the Workers’ Compensation Appeals Board (WCAB) district office at 2550 Mariposa Street, Rm. 4078.

In California, an employer must be notified of the injury within 30 days of the incident, and workers’ compensation claims must be filed within one year from the date of the incident. A skilled Fresno attorney can help you identify the exact date the statute of limitations on your case expires.

Suffering a brain injury is an extremely difficult experience, one that unfortunately affects the lives of many Californians. In fact, in 2020, it was observed that California’s 11.2 million older residents experienced 17,528 hospitalizations and 15,708 emergency department visits from TBI-related injuries alone.

When Should I Hire a Workplace Brain Injury Lawyer in California?

If you or a loved one has suffered TBI as a result of a workplace incident, it is imperative to contact a lawyer immediately. With the aid of a skilled attorney, you may be able to seek compensation for lost wages, current/future medical expenses, emotional distress, pain and suffering, home accessibility modifications, and long-term care.

FAQs About Workplace Brain Injury Law

What Are the Four Proofs of Negligence?

The four proofs of negligence refer to the four components that are used when establishing negligence in a case. These elements include the duty of care, breach of duty, causation, and damages. In brain injury claims, the defendant must prove that there was a duty of care that was breached, resulting in the brain injury that subsequently led to financial damages.

What Are Examples of Negligence Leading to a TBI in the Workplace?

In the workplace, an employer has a duty of care to their employees that, if breached, can result in serious and even fatal injury. This may include instances such as a lack of proper safety equipment (hard hats, harnessing, etc.), uneven scaffolding, and inadequate fall protection. If you believe that negligent actions have led to you or a loved one suffering a TBI, it is crucial to contact an attorney.

How Can I Prove I Suffered a TBI at Work in California?

To prove that a workplace incident caused your TBI, it is important to notify your employer of the event immediately after seeking medical attention. TBIs can be difficult to prove, as they are not always associated with visible physical trauma. Medical documentation and eyewitness reports are also essential evidence in these cases.

What if My Brain Injury Symptoms Appear Later?

If your brain injury symptoms appear after the incident, it is crucial to seek medical attention and notify your employer immediately. Even a mild concussion is considered a traumatic brain injury, so it is important to document the injury, no matter how minor it may seem. Brain injuries are extremely sensitive and can evolve quickly, so it is vital to monitor and document your symptoms carefully.

What if I Was Partially at Fault for the Accident?

Even if you were partially at fault for the accident that resulted in your traumatic brain injury, you may still be eligible to receive a settlement. Workers’ compensation operates on a “no-fault” system, unlike personal injury claims. TBIs are serious and often costly, which can make seeking compensation extremely necessary. To explore your options, consider consulting with an attorney.

Contact Our Team Today

Your representation matters. Contact the office of Wiesner English, P.C., today for a free consultation.