Catastrophic head and brain injuries occur in many industries — trucking, manufacturing, construction, mining and farming. Sometimes, they are not taken seriously at the time of injury, but they turn out to have grievous consequences. Too often, they leave the victim unable to work or even to speak or think properly.
Brain-damaged workers and their families are in a terrible position because they don’t know how to quantify the extent of their injuries. They often underestimate the cost of future rehab, physical therapy, hiring personal attendants and dealing with other accident-related costs. They then suffer from two causes — a disabling accident and an inadequate workers’ compensation settlement.
Do I Need to Choose Between a Workers’ Comp Claim and a Personal Injury Settlement?
It’s important to understand what your legal options are in the wake of an injury before you commit to any singular plan of action. When you meet with an experienced head and brain injuries lawyer at our firm, we’ll take the time to learn about the ins and outs of your situation before providing you with personalized guidance concerning any options that may be available at this time. Depending on the unique circumstances surrounding the situation that led to your injuries, you may be eligible to file a workers’ compensation claim, a personal injury claim, or both kinds of claims.
If you sustained your injuries while performing work-related activities on behalf of your employer and/or while on a jobsite, chances are good that you’re eligible to file for workers’ compensation benefits. You’re likely only ineligible for workers’ comp if you are (correctly) classified as an independent contractor, your employer has so few workers on their payroll that they’re exempt from coverage requirements, you were drugged or drunk at the time you were injured, your injuries were caused by a fight you instigated, and/or you purposefully attempted to hurt yourself so that you could collect workers’ comp. Additionally, you may not be eligible for this kind of claim if you work in certain specialty industries. If none of these exceptions applies to your situation, you can almost certainly file a workers’ comp claim regardless of whose fault the accident/incident/scenario was that led to your injuries.
The workers’ compensation system is designed to limit the liability of employers in addition to protecting workers’ rights. As a result, if you’re eligible to file a workers’ compensation claim, you can likely only file a personal injury claim as well if a third party contributed to the harm you have suffered. For example, if you were hurt by malfunctioning machinery, the manufacturer of that machinery may be held liable in a personal injury lawsuit. Similarly, if you were injured in a motor vehicle accident while performing work-related duties, you may be able to sue the motorist who hit you. If you’re unsure of who may be held accountable in your situation, don’t worry. An experienced head and brain injuries lawyer at our firm will be able to assess your situation and advise you accordingly.
Finally, if you aren’t eligible for workers’ compensation benefits and someone else (in significant part or solely) caused your accident, you likely have grounds to sue that individual or entity via a personal injury action. Accident victims are generally only “out of luck” if they caused their own accidents and aren’t eligible for workers’ compensation benefits.
How Quickly Do I Need to File Legal Action?
The short answer to this question is, “as soon as possible.” The law only allows accident victims so much time before they’re barred from seeking restitution through either the workers’ compensation claims process or the personal injury process. If you’ve been injured and have not yet reached out to our firm to explore your legal options, please do so now.
Experienced Georgia Head and Brain Injuries Lawyer
When injuries are serious, it is important to work with an experienced law firm like Tillman & Associates. Burt Tillman is one of Georgia’s most respected workers’ comp attorneys. Before starting his 30-year representation of accident victims, he worked for the other side, employers’ insurance companies. He knows how insurance carriers think, and he knows how to arrive at an optimal figure for your recovery.
Our Georgia head and brain injuries lawyers have won substantial awards for every kind of brain injury, including concussion, closed head injury, penetrating head injury, anoxic brain injury and traumatic brain injury.
Serving Injured Workers Across Georgia
Our firm serves the entire state of Georgia, from Valdosta in the south to Dalton near the Tennessee state line, and we are ready to come to you to discuss your case.
Tillman & Associates can also help you file for total disability or partial Social Security Disability benefits. If a third party was negligent in causing your injuries, you may be entitled to additional compensation through a personal injury claim. If you have lost a loved one to a brain injury, we can represent you in a wrongful death claim.
Be sure to take even minor head injuries seriously. Gone untreated, traumatic brain injury can have devastating long-term consequences. Call the Atlanta head and brain injuries lawyers at Tillman & Associates at 404-315-0000, toll free 800-743-3994, or drop us a brief description using this online form.