Michigan workers’ comp lawyer explains how to protect legal rights after a TBI injury.
Getting hurt on-the-job can be a life changing event. This is especially true for an employee who suffers a traumatic brain injury. It can result in permanent work restrictions and a lifetime of medical bills. Here is some information about traumatic brain injury workers’ comp settlements that everyone should know.
We have represented many clients that suffered this type of head injury. The saddest cases refuse to get needed medical treatment. They find themselves quick to anger and unable to deal with coworkers or family members. A treatment plan is not created, and they suffer in silence.
Chronic headaches can interfere with the ability live a normal life. Family members report personality change that can interfere with relationships. Other symptoms include problems with attention, memory, concentration, language, speech, mood, emotion, judgment, reasoning, sensitivity to light or sound. Some of our clients also develop seizure disorders.
What’s included in traumatic brain injury workers’ comp settlements
Michigan law requires all reasonable and necessary medical treatment to be covered for a workplace injury. This includes not just emergency medical care but also cognitive behavioral therapy, counseling, speech therapy, hospitalization, medication, and rehabilitation.
Disabled employees should also be paid wage loss benefits if they cannot work. This is based upon the highest 39 paid weeks out of the 52 weeks before the accident. Payments should equal 80% of their after-tax average weekly wage. This allows a person to get needed medical care and not have to worry about putting food on the table or paying rent.
Watch out for insurance companies who dispute claims
Our experience shows that insurance companies frequently dispute on the job injury claims. They understand how serious a diagnosis and what it might cost over the long-term. Many of our clients ask about traumatic brain injury workers’ comp settlements to avoid a cut-off situation. Nothing is worse than being unable to work and having no income. This lump sup cash payout also allows them to get out from under the insurance company and continue medical treatment on their own terms.
Insurance companies use the independent medical examination to dispute payment of workplace injury benefits. These doctors are not truly “independent” and make careers out of testing against disabled employees. Failure to attend the independent medical examination will result in a suspension of benefits. Biased medical reports should be challenged in court. Watch out for red flags like blaming preexisting conditions or twisting facts about the accident.
Average traumatic brain injury workers’ comp settlements
Statistics published by the Workers’ Disability Compensation Agency show the average amount settled for a workplace injury was just $58,641.58 in 2019. Many people receive more when evidence shows permanent work restrictions and lifetime medical needs. Watch out for insurance companies who offer low-ball traumatic brain injury workers’ comp settlements.
Insurance companies do not want to overpay on workplace injury claims. Private investigators are hired to perform surveillance and check online activities. Insurance companies want to find any proof that a claim is not 100% valid. Surveillance video is often taken out of context. Snap decisions are made about claims just because a person posts on Facebook or Twitter.
Traumatic brain injury workers’ comp settlements can easily be in the six-figure range. Medical evidence from a treating doctor should be used to establish work restrictions and future treatment needs. Other factors include age, education, and ability to find other work. Hire an experienced lawyer to level the playing field and make sure a fair amount is paid.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.