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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.
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.
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:
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.
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:
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.
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:
For more information about brain injury compensation, contact an experienced Texas brain injury attorney.
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!
If you need help coping with a serious brain injury, the following resources are available:
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