West Virginia Traumatic 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.
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 a traumatic brain injury (TBI). 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.
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.
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.
Why Work With Traumatic Brain Injury Attorneys in West Virginia?
Suffering a traumatic brain injury (TBI) in West Virginia initiates a challenging journey. While workers’ compensation offers a foundational safety net, its limitations often leave injured workers and their families facing significant financial and emotional burdens.
West Virginia workers’ comp typically covers medical expenses and a portion of lost wages but neglects the profound intangible losses associated with a TBI, such as physical pain and emotional suffering.
This is where the legal knowledge of brain injury attorneys in West Virginia becomes crucial, offering pathways to potentially recover full and fair compensation.
Understanding West Virginia law and the complexities of TBI cases is essential. Brain injury attorneys in West Virginia possess the knowledge and experience to navigate the workers’ compensation system effectively while simultaneously exploring additional avenues for legal recourse. They recognize that a construction-related TBI can stem from various factors, extending beyond the immediate employer’s direct negligence.
One crucial aspect is identifying potential third-party liability. As the provided text indicates, if a party other than your employer contributed to your injury, you may have grounds for a personal injury claim.
This could involve a negligent subcontractor whose actions created a hazardous environment leading to your TBI. For instance, if a subcontractor failed to properly secure scaffolding that subsequently collapsed and caused your head injury, they could be held liable. Similarly, defective equipment or machinery can be a significant cause of construction site TBIs.
If a malfunction due to a design flaw or manufacturing error leads to a head injury, a product liability claim against the manufacturer, distributor, or seller of the defective product may be viable. Brain injury attorneys are adept at investigating these circumstances, identifying liable parties, and building compelling cases supported by evidence and expert testimony.
Furthermore, while suing your employer directly in West Virginia for a workplace injury is generally restricted by the “exclusive remedy” provision of workers’ compensation law, a narrow exception exists for cases of “deliberate intention.”
Proving deliberate intention requires demonstrating with “clear and convincing evidence” that your employer acted with a conscious and specific intent to cause your injury, knowing that the injury was practically certain to occur and willfully disregarding that knowledge.
This is a high legal bar to clear, demanding meticulous investigation and a deep understanding of West Virginia’s legal precedents. Brain injury attorneys with experience in TBI cases possess the skills to assess the viability of such a claim and, if grounds exist, to build a robust case to overcome this challenging legal hurdle.
Beyond construction sites, brain injuries can occur in various other contexts, as outlined in the provided information. Falls are the leading cause, affecting individuals of all ages and often resulting from negligence in maintaining safe premises.
“Struck by/struck against” events are prevalent in numerous workplaces beyond construction, highlighting the need for stringent safety protocols. Traffic accidents, with their high impact forces, are also a significant source of TBIs, often involving complex legal issues related to fault and insurance coverage.
Medical negligence, though thankfully less common, can have devastating consequences when errors during medical procedures deprive the brain of oxygen. Finally, product defects can lead to unexpected TBIs, necessitating product liability claims against responsible parties in the supply chain.
Regardless of the specific circumstances leading to a TBI in West Virginia, engaging with experienced brain injury attorneys offers numerous benefits. They provide crucial legal guidance, ensuring you understand your rights and options.
They conduct thorough investigations to gather evidence and identify all potential avenues for compensation. They handle complex legal procedures and negotiations with insurance companies, protecting your interests and advocating for your needs.
Moreover, they understand the profound and often long-lasting impact of a TBI on your life and can articulate the full extent of your damages, including intangible losses, when pursuing claims against responsible third parties or in the rare case of a deliberate intention claim against your employer.
Common Causes of Traumatic Brain Injuries
Traumatic brain injuries (TBIs) represent a significant public health concern, impacting millions worldwide and leading to a spectrum of physical, cognitive, and emotional disabilities. At its core, a TBI involves a disruption of normal brain function caused by an external force. This force can manifest as a direct blow or jolt to the head, causing the brain to move violently within the skull, or as a penetrating injury where an object pierces the skull and brain tissue. Understanding the common causes of these injuries is crucial for implementing effective prevention strategies and providing appropriate support to those affected.
Falls stand as the leading culprit behind TBIs, accounting for nearly half of all reported cases. The seemingly simple act of losing balance can have devastating consequences, particularly when the head strikes a hard surface. Head-first falls carry a heightened risk of TBI due to the direct impact on the skull and brain. Certain populations exhibit increased vulnerability to fall-related TBIs. Young children, still developing their motor skills and often top-heavy, are prone to falls from furniture, stairs, or during play. The elderly, often experiencing age-related balance issues, muscle weakness, and cognitive decline, face a significant risk of falls within their homes and in public spaces. Individuals with disabilities, particularly those affecting mobility or balance, also have a higher propensity for falls and subsequent head injuries. Preventing falls through environmental modifications, assistive devices, and targeted interventions is a critical area of focus in TBI prevention.
Another significant category of TBI causes involves “struck by/struck against” events. These incidents occur when an individual is hit in the head by a moving object or when their head forcefully impacts a stationary surface. This type of injury is alarmingly common in various occupational settings, especially those involving manual labor and heavy machinery. Construction sites, mining operations, oil rigs, and other hard labor occupations present numerous hazards where workers can be struck by falling tools, equipment, or materials, or can strike their heads against structures or machinery. Implementing stringent safety protocols, providing and enforcing the use of personal protective equipment like hard hats, and ensuring proper training on hazard identification and avoidance are essential to mitigating the risk of these workplace TBIs. Beyond occupational settings, these injuries can also occur during sports activities or altercations.
Traffic accidents represent another major contributor to the TBI statistics. The sheer force involved in vehicular collisions, whether involving cars, trucks, motorcycles, bicycles, or pedestrians, often results in significant head trauma. High-impact collisions are particularly dangerous, as the sudden deceleration can cause the brain to slam against the inside of the skull, leading to contusions, hematomas, and diffuse axonal injury. Pedestrians and cyclists are especially vulnerable, lacking the protective enclosure of a vehicle. Motorcyclists, despite wearing helmets, still face a substantial risk of TBI in crashes. Efforts to reduce traffic-related TBIs focus on promoting safe driving practices, improving road infrastructure, enforcing traffic laws, and increasing awareness among all road users.
Medical negligence, while not as frequent as falls or traffic accidents, can lead to devastating brain injuries. These injuries typically arise from medical errors that result in a lack of oxygen to the brain, a condition known as hypoxia or anoxia. Certain surgical procedures, anesthesia complications, or delays in treating medical emergencies can inadvertently cut off the brain’s oxygen supply, leading to irreversible brain damage. Accurate diagnosis, timely intervention, and adherence to established medical protocols are crucial in preventing these tragic occurrences. When medical negligence is suspected as the cause of a TBI, legal recourse may be available to the injured party to seek compensation for the resulting harm.
Finally, product defects can also be a surprising source of traumatic brain injuries. When a faulty or dangerous product malfunctions during its normal use and causes someone to be struck in the head, the injured individual may have grounds for a product liability claim. This could involve a wide range of products, from defective sporting equipment to malfunctioning household appliances. If a design flaw, a manufacturing error, or inadequate safety warnings contribute to a TBI, the designer, manufacturer, or distributor of the defective product may be held liable for the resulting injuries. These cases often require expert analysis to demonstrate the defect and its causal link to the brain injury.
Traumatic brain injuries arise from a variety of common causes, each with its own set of risk factors and potential avenues for prevention. Understanding these causes – falls, struck by/struck against events, traffic accidents, medical negligence, and product defects – is the first step towards developing effective strategies to reduce their incidence and mitigate their devastating consequences. Continued research, public awareness campaigns, and proactive safety measures across various sectors are essential to protecting individuals from the life-altering effects of traumatic brain injuries.
Workplace Accidents and Traumatic Brain Injuries
A brain injury resulting from an accident at work may go undiagnosed and untreated in our workers’ compensation system. If your loved one is not receiving the care that he or she needs following a head trauma accident at work, our lawyers will help you get a second opinion from a medical professional who is qualified to diagnose brain injuries.
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
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