Santa Clara Workplace Brain Injury Lawyer

Santa Clara Workplace Brain Injury Attorney

A workplace brain injury is one of the most serious injuries you can endure. Some professional fields have a higher risk of injury than others, subjecting workers to physical, mental, and emotional challenges. When this happens, a Santa Clara workplace brain injury lawyer can help seek damages for your medical bills, pain and suffering, and other losses.

Why Choose Us?

Marc S. Wiesner and Tim W. English, our attorneys at Wiesner English, P.C., are solely focused on workplace injuries, and they bring a wealth of experience and commitment to every case. Across a variety of industries, they have represented a wide range of workers, including emergency responders, educators, healthcare professionals, and construction workers.

Since our workplace injury law firm works on a contingency fee basis, there won’t be any payments unless we recover compensation on your behalf. We are dedicated to providing individualized, caring legal assistance to help you navigate the complexities of your claim.

Understanding Workplace Brain Injuries

Brain injuries in the workplace can happen for a variety of reasons. They can be caused by slip and falls, being struck by objects, exposure to hazardous materials, and equipment defects and malfunctions. Brain injuries can range from mild concussions to traumatic brain injuries (TBIs). They can lead to cognitive issues, memory loss, concentration difficulty, and other physical disabilities.

About 69,473 TBI-related deaths occurred in 2021, while 214,110 TBI-related hospitalizations occurred in 2020. This amounts to almost 190 TBI-related fatalities and 586 TBI-related hospitalizations every day. The greatest numbers and rates of TBI-related hospitalizations and fatalities were among those 75 years of age and older. About 32% of TBI-related hospitalizations and 28% of TBI-related fatalities occur in this age range.

Causes of Workplace Brain Injuries

Workplace brain injuries tend to be more common in high-risk industries, such as construction, manufacturing, and transportation. These injuries can be caused by a number of factors, including:

• Falling from ladders, roofs, or other high surfaces
• Slipping on slick surfaces
• Tripping in cluttered areas
• Failure to use safety equipment, such as hard hats and adequate footwear, to handle traction
• Not following safety procedures or road signs
• Equipment malfunctions

The Impact of Workplace Brain Injuries

The aftermath of a workplace brain injury extends beyond the injury itself. Due to the seriousness of this type of injury, victims often find themselves needing extensive medical care, rehabilitation, and a potential loss of income if the injury keeps them from work for an extended period of time or permanently. This also takes an emotional toll on the injured person and their families, causing depression, anxiety, and frustration.

In some cases, the effects of the injury are not as obvious. Some people may experience effects later, such as dizziness, confusion, and chronic or severe headaches. These issues can get worse over time, especially if not properly treated, making it difficult to perform even basic daily tasks.

In addition to the physical effects, a brain injury can have a substantial financial impact on the injured. While most workers may receive workers’ compensation for their injury, this may not be enough to cover mounting medical bills. Continuous therapies, such as occupational, speech, or psychological therapy, are frequently necessary for brain injuries and may not be fully covered by insurance or benefits offered by the employer.

Legal and Financial Options After a Workplace Brain Injury in Santa Clara

Suffering a brain injury in the workplace can leave victims and their families unsure of what to do. However, there are a number of options available to help individuals ease the financial burden and receive the care they need for recovery:

• Workers’ Compensation. Most employers in California are required to carry workers’ compensation insurance. If you suffered a brain injury while performing duties related to your job, you may be entitled to workers’ compensation benefits, including medical treatment, temporary disability benefits, and permanent disability. These benefits are helpful, but do not always cover all expenses.Additionally, receiving workers’ compensation benefits typically prevents you from being able to file a legal claim against your employer.
• Third-party claims. If the injury was caused by a third party and not your employer, you may be able to file a claim against them. An example of this would be an injury caused by the manufacturer of faulty safety equipment.
• Social Security Disability Insurance (SSDI). SSDI may offer monthly financial assistance to people whose brain injuries cause long-term or permanent incapacity. It can be difficult and time-consuming to qualify for SSDI, which requires proof of incapacity to work and medical records. If a claim is rejected, an experienced lawyer can help with initial filings or appeals.

Resources for Brain Injury Victims in Santa Clara

Santa Clara has many resources available for those suffering from a brain injury, including the Santa Clara Valley Medical Center, which provides care, rehabilitation, and education for injuries. It is located at 751 S. Bascom Ave. in San Jose. If you file a claim for your brain injury, it will likely be handled at the Downtown Superior Court located at 191 N. First Street in San Jose.

FAQs About Santa Clara, CA Workplace Brain Injury Laws

What Is the Average Payout for Traumatic Brain Injury?

The typical payout for a traumatic brain injury (TBI) varies greatly based on severity, lost wages, long-term care requirements, and whether an action or settlement is involved. Large settlements or verdicts can follow severe TBIs that cause permanent disability, particularly when life planning and long-term medical care are needed.

How Do You Prove a TBI?

To prove a TBI, you will need medical evidence, such as MRI or CT scans, neurological tests, and testimony from professionals. The claim should be backed up by proof of symptoms such as behavioral abnormalities, memory loss, and cognitive impairment. It’s important to demonstrate how the injury affects day-to-day activities and employment. Medical documents, accident reports, and witness accounts can strengthen your argument.

What Kind of Lawyer Do I Need to File a Claim Against a Company for a Brain Injury?

To file a claim against a company for a brain injury, you need a personal injury attorney who has handled cases involving traumatic brain injury or occupational accidents. In the event that the injury occurred at work, a workers’ compensation lawyer might also be needed. Seek out an attorney who has experience bringing cases against businesses, particularly one who is educated in third-party negligence, OSHA infractions, and employer liability.

How Much Do Most Injury Lawyers Charge?

The majority of personal injury attorneys take cases on a contingency fee basis, usually charging a portion of the settlement or award that is ultimately reached. This means that you don’t have to pay the lawyer upfront. They are only compensated if they win your case. Before signing an agreement, always make sure to verify the cost.

Contact Wiesner English, P.C., Today

If you or a loved one suffered a workplace brain injury, an attorney at Wiesner English, P.C., can help you recover the compensation you deserve. Contact us today for a consultation.