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.

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.

Common Causes of Brain Injuries

Traumatic brain injuries typically result from a blow or jolt to the head, but they can also happen because of an object that penetrates the head and brain tissue (e.g., knife or bullet). Some of the most common reasons that brain injuries happen include:

• Falls: Falling is the leading cause of brain injuries, accounting for nearly half of all cases. Traumatic brain injuries are more likely to happen in head-first falls, and young children, elderly, and disabled individuals are the most susceptible to this type of injury.
• Struck by/Struck Against Events: Getting struck in the head by a hard object or getting struck against a hard surface are other leading causes of brain injuries. This type of injury is common in many workplaces, particularly construction, mining, oil rigs, and other hard labor occupations.
• Traffic Accidents: Numerous vehicle and traffic-related accidents each year result in brain injuries. These injuries are more likely to happen in high impact collisions and in accidents involving pedestrians, bicyclists, and motorcyclists.
• Medical Negligence: Certain types of medical errors have been known to cause brain damage, particularly procedures that inadvertently cut off oxygen to the brain.
• Product Defects: A faulty or dangerous product can result in a brain injury if it malfunctions during the course of regular use and causes someone to get struck in the head. When this occurs, the victim may be able to bring a product liability claim against the designer, manufacturer, or distributor of the defective product.

Workplace Accidents and 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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