If you have suffered a traumatic brain injury while on the job, you likely wonder if you are eligible for workers’ compensation in California. The good news is that TBIs are covered under California’s workers’ compensation system, provided certain conditions are met.
Understanding traumatic brain injuries
TBIs are brain damage. TBIs can happen from falls, vehicle accidents, being struck by objects or other workplace incidents. TBIs can range from mild concussions to severe brain damage, potentially leading to long-term disabilities or even fatal outcomes.
Eligibility for workers’ compensation
In California, workers’ compensation covers injuries that occur in the course of employment, including TBIs. To qualify, the injury must be work-related, meaning it happened while you were performing your job duties. Whether you are on a construction site, in an office or driving a company vehicle, if the injury is connected to your work, you should be eligible for benefits.
Steps to take after a workplace TBI
Report the injury promptly by notifying your employer about the incident as soon as possible. The faster you file, the faster the claim can be processed. Plus, there are deadlines. Depending on the urgency of the injury this can be done before or after seeking medical attention.
Get evaluated by a medical professional right away. TBIs are most effectively treated when they are caught early and treated. Keep detailed records of the workplace accident, including your symptoms (like creating a symptom diary), medical treatments (medical records and you can add this information to your symptom diary) and any communications between you and anyone in your management chain.
Proving your claim
To receive workers’ compensation benefits for a TBI, you will need to provide evidence that the injury is work-related. Important documentation includes medical records, incident reports and photographs.
Medical records refer to any report from doctors that diagnose your TBI and link it to the workplace incident. Incident reports refer to any form filed with your employer about the accident, along with witness statements, if available. This could also include any police reports or other non-employer reports of the accident.
And, remember to stay consistent medical treatment. Regular follow-ups with healthcare providers show the seriousness of your injury.
Conclusion
Suffering a TBI at work is a serious matter, but California’s workers’ compensation system is designed to support you. By promptly reporting your injury, seeking immediate medical care and keeping detailed records, you can navigate the claims process more effectively.