FAQs to help you understand TBI, and how to protect your rights to Michigan workers’ comp benefits
One of the most difficult cases is a traumatic brain injury (TBI) workers’ comp claim in Michigan. These types of injuries usually occur from a blow to the head and are not always quickly diagnosed. We’ve provided these frequently asked questions to help you understand this complicated injury, and how to protect your rights to workplace injury benefits.
For help now, call one of our lawyers at (844) 345-0952, or you can fill out our free contact form. There’s no cost or obligation.
Q. What are symptoms of a traumatic brain injury?
A. A person with this injury can develop a contusion, hematoma or swelling of the brain. This can be a dangerous and life changing event. Long-term effects include memory problems, headaches, dizziness, sensitivity to light and sound, nerve damage, seizures and personality change.
A person affected by this injury might find themselves quick to anger and unable to deal with family or co-workers. We also see people who suffer from depression and severe fatigue.
Always see a doctor after a blow to the head. You might not even realize the extent of your own injury.
Q. Will Michigan workers’ comp cover medical treatment for a traumatic brain injury (TBI)?
A. In Michigan, workers’ comp will cover medical treatment for a traumatic brain injury (TBI) because by law you are entitled to reasonable and necessary medical care your on the job injury. Some people get better with just rest while others need significant medical treatment. All medical care should be paid under these benefits.
You have the right to choose your own doctor after 28 days. The best thing you can do is to find a doctor who supports your claim and can coordinate your medical care. It may be necessary to see multiple specialists and it can quickly become overwhelming.
Q. What should I do if I have suffered this injury on the job?
A. If you have been hurt at work, it’s important to tell your employer and to file an injury report.
You should also seek medical care, and document any symptoms and complaints as soon as possible. Ask your doctor for the proper tests to diagnose a brain injury. Most doctors will order tests looking for any structural changes in the brain. If you continue to have problems, ask your doctor for a referral to a neuropsychologist.
Q. What Michigan workers’ comp benefits can I receive for a traumatic brain injury?
A. Michigan workers’ comp will cover all reasonable and necessary medical expenses for your traumatic brain injury (TBI), lost wages (approximately 80 percent of your after-tax average weekly wage for as long as you are disabled) and attendant care if needed.
People suffering from this injury may need attendant care (in-home nursing services) to help with activities of daily living. Your family members can be paid up to 56 hours per week to help. If you need more assistance, they must pay.
You are also entitled to wage loss benefits if you cannot work. You will receive approximately 80 percent of your after-tax average weekly wage for as long as you are disabled. The amount of wage loss is fixed at the time of injury. It stays the same even if the economy changes or your job is eliminated.
Q. Is a traumatic brain injury (TBI) workers’ comp claim often denied in Michigan?
A. Individuals who suffered a traumatic brain injury (TBI) on the job often find their Michigan workers’ comp benefits denied. Employers and insurance companies know that these injuries can cost a significant amount of money for rehabilitation and therapy.
Insurance companies frequently accuse people of exaggerating their injury and will often have them followed by investigators. Do not let the insurance company deny your benefits for no good reason. Speak with an experienced lawyer who can help you recover all the benefits available under the law.
Q. I’ve been sent to an IME, now what?
A. Employers and insurance companies regularly send people to their doctors for an “independent” medical examination (IME). An IME is a second opinion medical exam. You are required by law to attend.
These “independent” doctors are selected by your employer or an insurance company, and they often find “nothing wrong” with seriously injured employees in order to save the employer/insurance company money.
Many people find their work comp benefits disputed or cut off based upon an IME report. Make sure that you’re treating with your own doctor — who has your best interests in mind.
Need help with a Michigan traumatic brain injury (TBI) workers’ comp claim? Contact our lawyers now for a free consultation
If you suffered a traumatic brain injury (TBI) on the job in Michigan and you have questions about your workers comp claim, call now or fill out our contact form for a free consultation. There is absolutely no cost or obligation. Our attorneys are here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Our attorneys can help you better understand Michigan work injury 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.