Understanding your legal rights after a traumatic brain injury (TBI) at work and how to get a settlement.
Getting hurt on-the-job can be a life changing experience. This is especially true for a person who suffers a traumatic brain injury (TBI). It can result in permanent work restrictions and a lifetime of medical bills. Here is some information about workers’ comp head injury settlements that everyone should know.
We have represented many clients who suffer from a TBI. They find themselves quick to anger and unable to deal with co-workers and family members. Problems with attention, memory, concentration, speech, and sensitivity to light or sound are common. They might develop chronic headaches or a seizure disorder.
Workers’ comp head injury settlements are common. It gives people a chance to get medical treatment and vocational rehabilitation without delay or interference. The amount paid is going to depend upon future medical needs and how long a person will be disabled from working.
Can I file a workers’ comp claim for a head injury?
In Michigan, employees who suffered a head injury on the job can file a claim for workers’ comp benefits. It covers medical treatment and a percentage of lost wages. It is considered a no-fault system, so it does not matter how the accident occurred. Pain and suffering damages are not available.
State law requires all reasonable and necessary medical treatment to be covered under workers’ comp. This includes not just emergency medical care but also cognitive behavioral therapy, counseling, speech therapy, hospitalizations, medication, and rehabilitation.
Individuals who find themselves unable to work are entitled to lost wages. The amount paid is 80% of their after-tax average weekly wage. This calculation includes money for overtime, discontinued fringe benefits, and even second jobs that cannot be performed anymore.
Our experience shows that insurance companies frequently dispute TBI claims. They understand it’s a serious diagnosis and what it might cost in future benefits. Michigan workers’ comp head injury settlements are common when this occurs and can be a lifeline for someone who needs help.
What is the average workers’ comp head injury settlement?
In Michigan, there isn’t a specified average amount received for workers’ comp head injury settlements. Statistics published by the WDCA show the average settlement amount was just $63,313.86 in 2021. Many people receive more when medical evidence shows permanent work restrictions and need for treatment. Watch out for insurance companies who make low-ball settlement offers based upon their own faulty assumptions.
Workers’ comp head injury settlements can easily be in the six-figure range. Medical evidence from a treating doctor should be used to establish permanent work restrictions and future treatment needs. Other factors that must be considered include age, education, and ability to find alternate work.
Insurance companies use so-called “independent” medical examinations to dispute TBI claims. Hire an experienced workers’ comp lawyer to level the playing field and make sure a fair settlement amount is paid. There is never a fee unless additional benefits or a settlement is obtained.
Injured at work? Contact our work injury lawyers for a free consultation
If you suffered a head injury at work and have questions about your claim and workers’ comp settlement, call now speak with an experienced work injury lawyer, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 40 years. Our attorneys can help you better understand workers’ comp laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
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 40 years. Call (844) 316-8033 for a free consultation today.
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