Traumatic brain injuries (TBIs) are some of the most impactful injuries a person can suffer. Because the brain plays a critical role in most human activity, any injury can completely upend a person’s life. In addition to needing rest at home, many victims cannot work. They suffer an immediate drop in their incomes and feel intense financial stress.
Accident victims and their families have many questions about TBI & employment. Call Hart Law to discuss your prognosis and whether you can seek financial compensation. A TBI attorney in South Carolina can listen to your story and provide advice about a possible personal injury claim or request for workers’ compensation benefits.
TBI Severity
Traumatic brain injuries are caused by an external force, which causes the brain to shift inside the skull. Many people suffer these injuries at work or while at home in various accidents, including slips and falls, motor vehicle wrecks, or struck-by accidents.
- Doctors classify TBI by severity based on various factors, including how well a person responds to stimuli:
- Mild. A mild TBI is usually called a concussion. Many accident victims lose consciousness only briefly, if at all. They can experience memory loss, impaired coordination, slurred speech, and blurred vision, among other symptoms.
- Moderate. A moderate TBI tends to cause more pronounced symptoms, as well as a longer period of unconsciousness. A victim can be knocked out for up to six hours in some cases.
Severe. This is the most serious TBI, and a person might be unconscious for days after the accident. This is a life-threatening brain injury, which almost always results in permanent disabilities.
Expensive Recovery
TBIs have no easy cure. There isn’t a pill a person can take to quickly recover. Instead, many patients need to rest, which means limiting strenuous activity and screen time. Even someone who works an office job might need months off to let their brain heal.
Patients with severe TBIs often need monitoring in the ICU, where they could remain for weeks. A patient who never regains consciousness can be committed to a long-term care facility.
A concussion can heal fully after several months. But more serious TBIs often require rehabilitation, including physical therapy, speech therapy, and behavioral therapy. The goal is to get a person to function as independently as possible.
A moderate TBI can lead to ongoing disability and difficulty performing ordinary tasks at home. A person might be unable to cook, shower, or clean. They could need someone to come in for a few hours to help each day. Or they undergo occupational therapy to learn new ways of getting dressed and keeping their house.
Physical therapy can help someone with a serious TBI relearn how to walk or grasp objects. We encourage families to get the support they need for what is a grueling experience of coming back from a TBI.
The Impact of TBI on Employment and Future Earnings in South Carolina
Unfortunately, if you suffer a moderate or severe TBI, then you can experience severe financial hardship. A quick return to work is often not in the cards.
Our clients can request compensation for lost income or wages. Further, many victims can request loss of earning capacity for income they will lose in the future.
TBI & Employment
Many employees cannot return to work after suffering a TBI. They need at least a few months to rest for a mild concussion. More serious TBIs can keep someone out of work for years.
The Centers for Disease Control report that 57% of those who suffered a moderate or severe TBI remained disabled five years after the accident. 55% of them were not employed five years later, probably because of their disability.
Job loss can devastate a family. Even when a person can return to work, they might not be able to return to their old job. Instead, they could take a pay cut or a reduction in hours to get through the day, which means a decline in income. This decline can last for decades, depending on the person’s age, completely wiping out any possibility of building wealth.
TBIs at Work
Most South Carolina employers must purchase workers’ compensation insurance for employees. If you are injured on the job, then you can make a claim for benefits. The workers’ compensation system is no-fault, so it shouldn’t matter if your own negligence contributed to the brain injury.
Injured workers can request:
- Medical care
- Wage loss benefits
- Vocational benefits
The main requirement to qualify is that you were hurt while working. Workers’ comp does not cover an injury you suffered on vacation or while doing work at home.
Benefits are not generous, and most workers receive only 2/3 of their average weekly wage (at most). South Carolina also sets a maximum amount of time that workers can receive many benefits. Call Hart Law to discuss your work accident and future earnings.
How a Work Accident Can Impact Future Earnings
Workplace accidents often cause problems for years. A worker with a severe TBI might never step foot back at work. They possibly cannot retrain for anything else, either, which means permanent unemployment.
Workers’ compensation does make vocational training benefits available. The focus is on helping the worker obtain new skills or training to find a suitable job. When brain injuries are severe, however, a worker might never be able to hold paid employment again.
Helpfully, our clients can request loss of future earnings. These damages require careful consideration of your injuries, education, and most recent income. For example, someone who earned $75,000 as an engineer might only be able to work as a receptionist for $30,000. That would represent a large loss of income each year. And someone who cannot work at all moving forward will lose even more.
Contact Hart Law Today
Chris Hart has seen how powerfully TBIs can change lives. He wants injured victims and their families to know he will do everything possible to get fair compensation, including damages for loss of earning capacity. Call our office to speak with someone at our firm about your injury.