West Virginia Brain Injury Attorneys
Traumatic brain injuries (TBIs) are among the most serious types of workplace injuries. There are certain industries in which TBIs are more common, and construction is at or near the top of this list. Head and brain injuries happen frequently on a construction job site, and even though workers are supposed to be wearing hard hats, a forceful blow to the head can still result in a TBI.
Traumatic brain injuries vary widely in severity, and each individual case has a unique set of symptoms. Mild forms of TBI are commonly referred to as concussions, with the effects of the injury lasting anywhere from a few days to a couple weeks or longer. More severe forms of TBI can cause symptoms that last for months or years, and in the worst cases the injury can be debilitating or fatal.
There are a number of hazards on a construction site that can result in a traumatic brain injury. Falls are the number one cause of construction-related injuries and deaths. Workers frequently perform tasks in high elevations, making them highly susceptible to brain injuries when they fall a significant distance and strike their head.
Being struck by a heavy object or struck against a hard surface is another leading cause of construction accident injuries. For example, a worker can get hit in the head by heavy debris that falls from a higher floor, or they could get struck in the head by a hammer or other tool that is swung around carelessly. A worker could also suffer a head injury by getting thrown up against a wall.
According to the CDC, TBIs account for about 25% of all construction-related fatalities. But there are a number of factors that could increase the likelihood of dying from a TBI in the construction industry:
- Workers from smaller construction companies (those with less than 20 employees) are more than 2.5 times more likely than workers from larger companies (those with more than 100 employees) to suffer a TBI-related death.
- Male construction workers are seven times more likely than female workers to die from a TBI.
- Workers who are over the age of 65 are four times more likely to die from a TBI than younger workers between the ages of 25 and 34.
- More than half of all TBI-related deaths in construction happen because of falls from roofs, ladders, and scaffolds.
- Roofers and structural iron and steel workers are the most likely types of construction industry workers to die from a TBI.
- The construction industry TBI fatality rate in the US is significantly higher among foreign-born workers than it is for native born workers.
Recovering Compensation for a Construction-Related TBI
When someone suffers a traumatic brain injury on a construction site, they can usually qualify for workers’ compensation benefits if their employer has coverage. But workers’ comp only provides limited reimbursements for reasonable and necessary medical costs, a percentage of lost wages, and a few other expenses. Unfortunately, this program does not provide any compensation for intangible losses that the worker suffers, such as the physical pain and emotional suffering that is often associated with a TBI.
For TBI sufferers on a jobsite, there may be legal options beyond workers’ comp that allow for the recovery of full and fair compensation. This would be possible if a party other than your employer is responsible for the injury. For example, your injury could have been caused by a third-party subcontractor that was performing work on the job site, or it may have resulted from dangerous or defective equipment or machinery.
In some limited cases, West Virginia construction workers may be able to sue their employer after suffering a traumatic brain injury on the jobsite. However, for a case like this to be successful, you will need to show clear and convincing evidence that the injury was caused by your employer’s deliberate actions. This is a high bar to clear, although definitely not impossible if you have strong legal representation.
Contact Bailey, Javins, and Carter L.C. for Legal Help with a Construction-Related TBI
If you or someone close to you has suffered a TBI or any other type of injury on a construction site, Bailey, Javins, and Carter L.C. is here to help. Our attorneys have extensive experience successfully handling these types of cases, and we can thoroughly examine your case to help determine what legal options may be available to you.
To get started, message us online or call our office today at (800) 497-0234 or (800) 296-6979 for a free consultation and case assessment. We look forward to serving you!
Logging, coal mining and drilling accidents can result in serious head trauma. While a helmet may shield a worker’s head from exterior damage, the sudden acceleration and deceleration of the brain inside the skull can still result in injury. Family members are often the first to notice that their loved one is not the same after the accident. A person with a brain injury may be irritable, have difficulty concentrating, or show other symptoms such as headaches or sleep problems.
At Bailey, Javins & Carter, L.C., our lawyers help injured people obtain the medical care they need and the compensation they deserve. If your loved one has suffered a head injury on or off the job, we offer a free initial consultation to discuss your case. We have offices in Charleston, Logan and Summersville.
Free Initial Consultation With Our Head Injury Attorneys in West Virginia
Contact our catastrophic injury attorneys to schedule a free consultation in Charleston, Logan or Summersville.