Head and Traumatic Brain Injury Lawyer in Kern County, CA
A traumatic brain injury (TBI) from a workplace accident can often support a legal claim beyond workers’ compensation. When a fall, a falling object, a defective piece of equipment, or a contractor’s negligence was the cause of an injury, the responsible party can potentially be held liable in a third-party claim that proceeds separately from workers’ compensation benefits. This claim can recover damages that workers’ compensation cannot, including full lost earnings and compensation for pain and suffering. Chain | Cohn | Clark represents head and brain injury victims across Kern County’s construction, industrial, and oilfield workplaces.
How Construction and Industrial Sites Cause TBIs
Falls From Height
Falls from roofs, ladders, scaffolds, and elevated platforms are the leading cause of fatal work-related brain injuries, and they account for many of the serious nonfatal ones as well.
Struck-By Falling or Flying Objects
Tools, materials, and equipment that either fall or are dropped from above can strike a worker’s head with enough force to cause a brain injury, even when a hard hat is worn. A hard hat reduces risk but does not eliminate it.
Defective Equipment and Machinery
Equipment that fails, lacks an adequate guard, or was defectively designed can cause a head or brain injury. A defect of this kind can support a claim against the manufacturer in addition to a workers’ compensation claim.
Explosions and Blast Injuries
An explosion or a sudden pressure release at an industrial or oilfield site can cause a brain injury through the force of the blast or by throwing a worker against a hard surface.
Symptoms That May Not Appear Immediately
A brain injury is not always immediately obvious. Some symptoms appear right away, but others may not appear until hours or days after the injury. Delayed or subtle symptoms can include headaches, dizziness or balance problems, nausea, confusion or trouble concentrating, memory problems, sensitivity to light or noise, mood changes or irritability, and changes in sleep. These are easy to mistake for fatigue or stress, so an injury can go unrecognized until it worsens.
It’s important to seek medical evaluation after any significant blow to the head, even if you feel fine immediately afterwards. A delay in treatment can be dangerous to your health.
Long-Term Impacts of a TBI
The cognitive effects of a TBI can include lasting problems with memory, concentration, and the speed at which a person processes information. Emotional and behavioral changes can include irritability, depression, anxiety, and difficulty regulating mood. Financial consequences can result from both, because a brain injury can reduce or end a person’s ability to do the work they once did, and can also require rehabilitation and care over many years. These long-term effects are often the most significant part of a brain injury claim.
Who Can Be Held Liable for a Workplace Brain Injury
Responsibility for a workplace brain injury frequently extends beyond the injured person’s direct employer. Identifying every liable party is a key part of what an attorney can do in a third-party claim.
The Equipment or Product Manufacturer
Where defective equipment or a defective product caused the injury, the manufacturer can be held liable under California product liability law. Product liability in California is governed by strict liability, which means an injured person does not need to prove the manufacturer was negligent, only that the product was defective and that the defect caused the injury. A defect can be due to the manufacture of a unit, in the design itself, or in a failure to provide adequate warnings or instructions.
The General Contractor or Property Owner
On a construction site, a general contractor, property owner, or another party may be liable. Whether a particular party can be held responsible depends on the specific facts, including who controlled the area and the work being done.
Other Worksite Parties
A subcontractor, equipment rental company, or other party whose conduct contributed to the injury may also share liability, depending on their role at the site.
Workers’ Compensation Is Not Always the Only Option
Workers’ compensation is typically the exclusive remedy available to an employee against their direct employer. It provides medical care and disability benefits regardless of fault, but it does not compensate an injured worker for pain and suffering or for the full value of lost earnings and future earning capacity.
A third-party claim against a manufacturer, a contractor, or another responsible party proceeds alongside the workers’ compensation claim and is often able to reach the categories of loss that workers’ compensation alone cannot. The two claims are not mutually exclusive. Pursuing one does not prevent you from pursuing the other.
Compensation in Workplace Brain Injury Cases
The expenses that result from a serious brain injury accrue over a lifetime. Compensation in these cases should reflect that.
- Medical and hospital care, including emergency treatment, imaging, and surgery
- Cognitive and physical rehabilitation, including speech, occupational, and physical therapy
- Future medical care, including long-term or in-home care where a permanent injury requires it
- Lost wages and lost earning capacity, accounting for both time missed and a reduced ability to work going forward
- Pain, suffering, and loss of quality of life, categories available in a third-party claim but not through workers’ compensation alone
Because these losses can compound over years, attorneys often work with life-care planners and economists to document the full future cost.
How Chain | Cohn | Clark Builds a Workplace Brain Injury Case
These cases depend on evidence that can disappear quickly once a scene is cleared or equipment is returned to service, which is why prompt investigation is so important.
We work to preserve the equipment, machinery, or conditions involved, along with the relevant records, before they can be repaired, altered, or discarded. From there, we identify every potentially responsible party, retain engineering and medical experts, and document the injury and its long-term effects through the worker’s medical records and, where needed, establish a life-care plan.
Frequently Asked Questions About Workplace Head and Brain Injuries
A brain injury claim is typically built on medical evidence and evidence of what caused the injury. On the medical side, that means a prompt evaluation, imaging where appropriate, and a record of your symptoms and treatment over time. On the liability side, it means preserving the equipment or conditions involved and identifying who was responsible, which is why acting quickly matters.
There is no single average, because the value of a specific claim depends on the severity of the injury and the losses it causes over a lifetime. The main drivers are the long-term medical and rehabilitation care required, the effect on your ability to work and earn, and compensation for pain, suffering, and loss of quality of life. A life-care plan is often used to document these future costs.
Yes. Workers’ compensation typically is the exclusive remedy against your employer, but it does not prevent you from filing a claim against a third party such as an equipment manufacturer or a general contractor. A third-party claim proceeds alongside your workers’ compensation benefits and can recover the larger categories of loss that workers’ compensation cannot.
Delayed symptoms are common with a brain injury, and a gap between the accident and the first symptoms does not by itself defeat a claim. What matters is documenting the injury as soon as you notice something is wrong and connecting it to the accident through your medical records. This is another reason a prompt evaluation is important.
Deadlines in these cases are strict and time-sensitive. Some claims, such as those involving a public entity, can carry a much shorter deadline, so it is important to speak with an attorney promptly.
Why Injured Workers Across Kern County Choose Chain | Cohn | Clark
Since 1934, Chain | Cohn | Clark has represented injured workers and families throughout Kern County and the Central Valley. We handle brain injury cases and other third-party personal injury claims, and we have recovered substantial compensation for injured people across the Valley. Contact us today for a free consultation.
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