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Your Rights & Resources As An Employee With A Brain Injury in San Antonio

Posted By Aguirre Law | August 20 2023 | Personal Injury

Texas worksites can be dangerous for employees. While Texas employers are required to provide reasonable safe work environments for employees through safety training and equipment, hazard warnings, and workplace regulations, they are not mandated by the state to carry workers’ compensation insurance. 

Without workers’ compensation insurance, injured workers may be solely responsible for their medical expenses and financial losses when injured on the job. Thankfully, Texas affords victims of negligent employers the right to seek compensation for their medical expenses, lost earnings, and pain and suffering through a personal injury lawsuit. 

Traumatic Brain Injuries in the Workplace

Brain injuries are among the most severe work-related injuries. These injuries can occur in any workplace.

However, construction workers, chemical and industrial laborers, and first responders are among those at the highest risk of brain injury. 

Signs and Symptoms of Work-Related Brain Injuries

Anytime a worker suffers a blow to the head or jolt to the body, they should receive immediate medical treatment for a brain injury. Brain injuries can take hours or days to present noticeable symptoms to a victim or their loved ones.

A speedy diagnosis is critical to prevent long-term brain damage and start the healing process. Common symptoms of a brain injury include but are not limited to:

  • Dizziness;
  • Nausea;
  • Confusion;
  • Mood swings; 
  • Headaches; and
  • Pupils of different sizes.

Receiving medical care and continuing to follow a treatment plan will help to protect an employee’s legal right to pursue compensation for any work-related injuries.

Filing a Brain Injury Claim Against a Negligent Employer

To file a brain injury claim against an employer, an injured employee must prove their employer acted negligently. Typically, an experienced personal injury attorney will assist in building a negligence case.

Proving negligence requires establishing the following four elements:

  • The employer owed the employee a duty of care;
  • The employer breached that duty of care;
  • The employer’s breach of their duty of care caused the employee to be injured; and
  • As a result, the employee suffered compensable damages (such as medical bills and lost wages).

Worker’s compensation claims are not civil lawsuits. They do not require an employee or their attorney to prove negligence. 

However, workers’ compensation benefits are limited. They do not permit an injured employee to recover money for pain and suffering or hold an employer accountable for wrongdoing.

Compensation Available in a Texas Brain Injury Claim

Serious brain injuries are costly to victims and their families. These injuries need ongoing medical care, expensive treatments, and the assistance of a medical support team. 

The compensation amounts are typically higher for brain injuries than other personal injury claims and may include:

  • Current and future medical care;
  • Lost wages;
  • Loss of earning potential;
  • Mental health treatment;
  • Emotional trauma;
  • Pain and suffering;
  • Loss of enjoyment of life; and
  • Loss of consortium.

For more information about brain injury compensation, contact an experienced Texas brain injury attorney.

Contact an Experienced San Antonio Brain Injury Attorney Today

If you or your loved one suffered a brain injury at work, reach out to the skilled San Antonio brain injury attorneys at The Aguirre Law Firm, PLLC. We can lead you through the personal injury claims process and help you find medical specialists in the San Antonio area. 

At The Aguirre Law Firm, PLLC, we put people first. That is why we offer a complimentary consultation and claim review. 

Call today and schedule your appointment with one of our dedicated attorneys. The Aguirre Law Firm never charges legal fees until we collect money for you!

Texas Brain Injury Resources

If you need help coping with a serious brain injury, the following resources are available:

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