Head and brain injuries are among the most devastating types of harm a worker can suffer on the job. In an instant, a blow to the head from a fall, being struck by an object, or another workplace accident can cause life-altering damage to the brain that impacts every aspect of a person’s abilities and well-being. Traumatic brain injuries (TBI) can leave victims struggling with chronic pain, cognitive impairments, personality changes, and loss of essential functions.
If you suffered a head or brain injury at work in Omaha, you may feel overwhelmed, frightened, and unsure of what to do next. A catastrophic injury’s physical, emotional, and financial burdens can seem impossible. However, you have important legal rights, and an experienced Omaha workplace head and brain injury lawyer from Mueller Schmidt Mulholland & Cooling can help you pursue the full workers’ compensation benefits and other remedies you need to rebuild your life. Call us at 402-999-9000 to learn more about how we can help.
Understanding Head and Brain Injuries
The brain is the body’s most complex and vital organ, controlling everything from breathing and heartbeat to memory, emotions, and personality. When the brain sustains serious damage from an external force or trauma, it can disrupt all these essential functions.
Traumatic brain injuries occur on a spectrum from mild to severe, depending on factors like:
- The amount of force involved in the injury
- Whether the victim lost consciousness and for how long
- The area of the brain affected
- Whether there was bleeding, swelling, or other damage to brain tissue
Even a seemingly minor concussion or “mild” TBI can have serious, long-lasting effects if not correctly diagnosed and treated. In more severe cases, brain injuries can leave victims in a coma, vegetative state, or with permanent cognitive and physical impairments.
Common causes of workplace head and brain injuries include:
- Falls from heights, especially in construction and maintenance jobs
- Slip and fall accidents on wet, cluttered, or uneven surfaces
- Being struck by falling objects like tools, equipment, or merchandise
- Vehicle accidents that occur while driving for work
- Explosions, fires, or exposure to toxic substances
- Workplace violence, including assaults by coworkers, customers, or intruders
Your Right to Workers’ Compensation Benefits
Most employers in Nebraska must carry workers’ compensation insurance to cover employees who are injured on the job. This no-fault system benefits injured workers, regardless of who caused the accident.
If you experience a head injury on the job, you might be eligible for comprehensive support, including:
- Full medical coverage: This covers all necessary treatment for your injury, from emergency care and tests to surgeries, rehabilitation, and more.
- Wage replacement benefits: If your injury keeps you from working while recovering, you may receive temporary total disability benefits (TTD) covering two-thirds of your usual weekly wages.
- Partial wage benefits: If you return to work with limitations and earn less than before, you may qualify for temporary partial disability benefits (TPD).
- Impairment benefits: In cases of permanent impairments of specific body parts or systems, permanent partial disability benefits (PPD) might be available.
- Permanent total disability benefits: If you are unable to return to the workforce at all, you could get permanent total disability benefits.
- Vocational rehabilitation: If you’re unable to resume your previous role, these services can help you find a new job or career path.
In the tragic event that a work-related head or brain injury proves fatal, eligible surviving family members can receive death benefits to help cover funeral and burial expenses and lost income.
To protect your right to workers’ compensation benefits, be sure to:
- Report your injury to your employer in writing as soon as possible after the accident
- Attend all doctor’s appointments and follow your prescribed treatment plan
- Keep detailed records of your medical expenses, time off work, and communications with your employer and their insurer
- Consult with an experienced Omaha workplace head and brain injury attorney
Challenges in Brain Injury Workers’ Compensation Claims
Unfortunately, getting the full workers’ comp benefits you need and deserve after a work-related brain injury is rarely easy. Insurers are notorious for disputing, delaying, and denying claims – especially for catastrophic injuries that may require extensive and costly care.
The insurance company may try to avoid paying your claim by arguing that:
- Your injury was not work-related or did not occur within the scope of your employment
- Your injury was pre-existing and not caused by a specific workplace accident
- You are exaggerating your symptoms or have reached maximum medical improvement
- You can return to work in some capacity and do not need ongoing benefits
Given the high stakes in catastrophic injury claims, you need an experienced legal advocate who can fight back against the insurance company’s tactics and demand the full compensation you deserve. An Omaha workplace head and brain injury lawyer can help you by:
- Thoroughly investigating your accident to gather evidence of how, when, and where it occurred
- Documenting the full extent of your injuries and resulting limitations through detailed medical records and expert testimony
- Filing all required claims and paperwork with the court and the workers’ comp insurer
- Negotiating aggressively with the insurance company for a fair settlement
- Representing you in hearings and appeals if the insurer refuses to offer an adequate settlement
With a skilled attorney in your corner, you can level the playing field against the insurance company and pursue the benefits you need to move forward after a devastating brain injury.
Get Help from Mueller Schmidt Mulholland & Cooling
Dealing with the aftermath of a work-related brain injury can feel like an impossible battle. At Mueller Schmidt Mulholland & Cooling, we are here to take the burden off your shoulders and fight for the benefits and resources you need to protect your health and your future. Our compassionate team has helped countless injured workers in Omaha and throughout Nebraska navigate the complex workers’ compensation system and pursue the maximum compensation available.
If you or a loved one has suffered a head or brain injury at work in Nebraska, do not try to take on the complicated workers’ comp process alone. Contact Mueller Schmidt Mulholland & Cooling today at 402-999-9000 for a free consultation. Our knowledgeable Omaha workplace head and brain injury attorneys are ready to put our experience, resources, and dedication to work for you.