Receiving Compensation After A Work Brain Injury
Under our state’s law, a person who is permanently and totally disabled due to a work injury is generally limited to 500 weeks of benefits (i.e. less than 10 years, even though the person will never work again). However, there are two exceptions to the 500 week limitation: 1) paralysis; and 2) physical brain injury. Therefore, if someone suffers a severe head injury at work, they could be entitled to payments and medical benefits for the rest of their lives.
In less severe cases, an injured worker can still receive medical care, payment for time missed from work due to the TBI, and a final settlement ranging from 25-250 weeks of compensation (i.e. anywhere from 25-250 x the amount of the weekly workers’ compensation check).
Proving a Brain Injury Occurred Can Be Difficult
Though South Carolina law may be on your side, that does not mean brain injury claims are easy to prove. Many people who sustain TBIs suffer from memory loss, and have trouble recalling the details of the work accident. Moreover, brain injuries are often missed at the initial hospital visit, and go undocumented and untreated for several months. Likewise, CT scans and traditional MRIs do not always detect brain bleeds and damage to the axons. Insurance companies use this lack of medical evidence against injured workers – even in cases where friends and family members testify that their loved one has been only a shadow of himself/herself since the accident.
Call a Columbia, SC Brain Injury Attorney For Help With Your Workers’ Compensation Case
If you have questions about a TBI that occurred at work, we are here to help. Whether you want to know more about the medical treatment you should be requesting, how much your weekly checks should be, the likely value of your settlement, or what medical care ought to be paid for in the future, I am glad to provide answers and direction. Call me today for free copies of my books as well as a free consultation at 803-790-2800.