New Jersey Brain Injury Lawyer

New Jersey Attorneys Helping Victims of Workplace Accidents

The consequences of a brain or head injury are typically devastating. Brain injuries often require extensive medical treatment and cause lifelong impairments and lost earnings. When a person suffers a head or brain injury at work, though, he or she may be able to recover workers’ compensation benefits to help mitigate the economic harm caused by the injury. If you or a loved one suffered a work-related brain or head injury, you should consult an attorney to discuss whether you might be able to recover benefits. A skillful New Jersey brain injury lawyer at New Jersey Workers Compensation Lawyer of JFM Law is adept at helping injured employees recover any workers’ compensation benefits that they may be owed, and we will zealously advocate on your behalf.

Situations That Cause Head or Brain Injuries

There are numerous workplace situations that can cause head or brain injuries, but such injuries arise more frequently in some occupations than in others. For example, people who work in the construction industry are more likely to suffer falls from unguarded heights or to be struck in the head by a large piece of equipment or building material, either of which can cause significant trauma. Similarly, truck drivers and other workers who drive for a living face a higher risk of sustaining a brain injury in a work-related car accident. Police officers and firefighters suffer a higher rate of head injuries as well, due to the high-risk activities in which they often engage.

Benefits Available Following a Head or Brain Injury

An employee who suffers a head or brain injury may be eligible to recover both medical benefits and disability benefits. To show eligibility for benefits, an employee and a brain injury attorney in New Jersey must first establish that the injury occurred while the employee was in the course and scope of his or her job duties. While open head injuries, in which a person suffers an open skull fracture, are immediately evident, the symptoms of closed head injuries can be subtle and may not immediately be apparent. As a result, it is important for anyone who is struck in the head or who suffers another type of head injury to immediately report the event to his or her employer and to document his or her symptoms. This may help prevent an employer from arguing that the injury was not sustained in the workplace.

When the cause or extent of an injury is disputed, the employee may need to undergo a physical examination. If the injury is deemed work-related, the employer’s workers’ compensation insurer must provide the employee with medical benefits, in the form of any treatment that is necessary. It is important to note that, in most cases, the insurer has the right to choose the treating physician. If the employee cannot work because of his or her injuries, the insurer must also provide the employee with temporary disability benefits, which are generally 70% of the employee’s weekly wage, as long as that amount falls within certain parameters. If the employee is ultimately deemed partially or totally permanently disabled, a New Jersey brain injury attorney can help the employee pursue permanent disability benefits. The rate of permanent partial disability benefits depends on the nature and severity of the injury, while permanent total disability benefits are calculated based on a worker’s pre-accident wages, similar to temporary disability benefits.