Average Worker’s Compensation Claim Value For TBI

The State of California has approximately 39 million residents, which makes it the largest single state population in the country. The people of California perform a wide range of jobs and work in various industries. Agriculture is enormous, as are various manufacturing roles. There is a huge variety of different service jobs as well. With all of the different employment opportunities, it stands to reason that there are also more opportunities for workplace injuries. Statistically, the case count is a reflection of the number of employees. When you learn that the most common injury claim that spans all the different professions is a slip and fall-related accident, you begin to understand how common head injuries are in the count of all cases. When you add in some risky jobs, the chances of a traumatic brain injury go up, too.

There are some job roles where head injuries are a frequent injury, and have a higher chance of traumatic brain injury based on the type of risk the employees face regularly. A question that the Kenmore Law Group gets from our clients is the average value of a worker’s compensation claim for a TBI. To answer that, we need to explain how the claim value is determined. What you will learn is that each worker’s compensation claim is going to be different. The claim value, in terms of total dollars paid, is computed using a formula based on information specific to the claim and the injured worker. Most people think that a TBI always leads to a potential disability. It is frequently true, but not always. For the average claim, the details that have the most impact on the value are the disability rating, the weekly salary of the injured employee, the type of brain injury, including the severity, current and forecasted medical treatment costs, the projected term of the disability, and the impact on the life of the employee.

If you have been injured at work and have a traumatic brain injury, this will be a challenging period of time for you and your family. We are here to help you deal with it. The worker’s comp insurance program is going to work with you as an insured customer, and that they will act in your best interest. They are your insurance company, but many people are still shocked to learn that worker’s compensation still tries to manage the claims and limit the costs of the benefits. If you have a worker’s compensation claim underway and are wondering what is covered and what its payout will be, please call the Kenmore Law Group. One of our specialties is worker’s compensation cases, and our staff is highly experienced in helping our TBI clients efficiently and quickly get the benefits they need.

Kenmore Law Group is going to share with you the details about the benefits, with a focus on those that will best suit your needs. When you call us, we will answer the questions you have and concentrate on trying to gather the pertinent details needed so that we understand how best we can help you. If we cannot answer your questions thoroughly, we will get a free initial consultation scheduled for you with one of our lawyers. They can answer the rest of the questions and tell you about what you are going to be facing, including discussing what the average worker’s compensation claim value for TBIs is. During that meeting, the legal team at Kenmore Law Group is going to collect additional details that will let them assess your claim and the injuries thoroughly. The Kenmore Law Group has decades of shared experience across our legal staff dealing with TBIs and injured clients. If you haven’t filed a claim yet, the first thing we want to tell you is about the time limit to file a claim for your injuries.

Filing A Worker’s Compensation Claim And The Time Limit To Do So
In a standard worker’s comp case, you have 30 calendar days to file a claim with worker’s compensation. The time limit starts on the day of your accident. If this time limit expires before your claim is filed, worker’s compensation will likely reject the claim. There are very few exceptions made regarding the time limit. If you are running out of time, please call the team at the Kenmore Law Group. We can help you with getting the claim process started so that you can keep your benefits.

The Common Roles And Hazards For Employees Who Suffer A Traumatic Brain Injury
There are quite a few jobs and roles that statistically result in TBIs with high frequency. This is based on the hazards and opportunities, and the frequency with which the employees encounter them. The analysis of the injury type by role shows that people who work in these specific industries and in more dangerous circumstances are more prone to suffering a TBI. The different impact of a traumatic brain injury that the Kenmore Law Group clients experience runs from minor to life-altering. The common jobs and hazards are:

• Construction, with a higher risk because of the chances of falling heavy objects, working on scaffolding or ladders daily, working around heavy machinery being used to move material at elevation
• Manufacturing, distribution, and logistics jobs that encounter head injuries from heavy material being moved around as part of the routine, any falling products from overhead storage racks or shelves, the loading of those racks or shelves daily, and the simple mix of men and equipment in smaller areas with indoor lighting and poor angles of visibility
• Transportation industries like trucking and delivery, which show high rates of brain injury that are also related to vehicle crashes on busy highways, as well as inside the facilities where material is moved onto trucks for delivery
• Emergency services employees like police officers and firemen/EMTs, as well as other first responders like ambulance drivers, who are often involved due to sudden violent impacts happening during response to crises, pursuits of violent criminals, or present during riots, where they are exposed to things being thrown at them

The traumatic brain injuries and the resulting costs do occur often enough that many companies will spend time and money on prevention and overall safety training for many of the industries listed above. The fact is that these types of injuries and hazards are a regular part of the day for the employees. Prevention is more cost-effective than the bill when it comes to covering the cost and hiring new staff.

The Benefits Offered By Worker’s Compensation In California
Below is a brief list of some of the key benefits provided by the worker’s compensation insurance coverage if you are hurt at work. These benefits are counted towards the settlement value of your claim.

• A dollar amount of no more than 1 million dollars per incident for covering your medical care, which provides for hospitalization and emergency room treatment, all services by specialists like neurosurgeons, the cost of prescriptions and over the counter drugs, any physical therapy, and the rental cost of medical devices like canes, crutches, braces, beds, or a wheelchair
• If you are not able to return to work until fully recovered, you will get up to 66% of your regular weekly income in the short-term
• Long-term disability from injuries, where the program offers temporary long-term disability payments until you are able to get back to work
• Free vocational training is available if you are unable to return to work in the job you had before injury, and there is no allowance for a different role

What Is The Average Worker’s Compensation Claim Value For TBIs?
The statistics show that the settlement value will vary a great deal when it comes to traumatic brain injuries. The Kenmore Law Group has determined from years of experience that what has the most considerable influence on the value of the settlement is the actual extent of the brain injury and the resulting disability, if any. Some TBIs have led to settlements totaling millions of dollars, in large part due to the impact on the life of the employee and their families. The other costs that will impact the claim value the most include:

• The total dollar costs of healthcare for the affected employee. This includes a value of what is expected for future care in treating and dealing with the injury
• The salary of the injured employee impacts both disability payments and lost wages due to missed work during treatment. In a serious injury, this is going to be higher because of the increase in time off
• The level of disability that the employee has because of the accident is significant. In claims that have permanent disability, it drives the value to a higher level due to settlement costs attempting to offset all future earnings.

Suing Your Company After A Workplace Injury
You are not permitted to sue your employer for additional damages after being injured at work. Worker’s compensation is considered an exclusive remedy for covering all workplace injuries. What this means is the insurance is a no-fault system, and requires no proof of liability. Fault is assumed, and benefits and coverage are paid.

One exception in terms of being able to file a personal injury lawsuit is if the employer is liable for contributing to, or the creation of, the hazard and the injuries that were caused by it. Every employer is required by law to maintain a safe workplace. This also applies to third parties when involved in non-employer work areas. The third parties can be held liable and sued if they have some responsibility for the accident and injuries

If you believe your employer purposely caused or contributed to the accident, we encourage you to advise your Kenmore Law Group team as soon as you suspect this occurred. If it can be proven, it does provide the ability to legally sue your employer for what is termed gross negligence. The legal definition of gross negligence is willful misconduct or reckless disregard for the safety of others. The damages in this suit can be anything not already covered by worker’s compensation.

The Kenmore Law Group And Upfront Costs When
If you need representation or advice when you are working with worker’s compensation, we will never bill you for any upfront legal fees. After we get your case settled, we will discuss payment. If we do not win your case, we will not bill you for our services at all. Please reach out to the team at the Kenmore Law Group when you need assistance with a worker’s compensation claim. We are here to help you.