Ronald W. Ramirez, Attorney at Law

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Workers' compensation benefits may not cover brain injury expenses

All work injuries have the potential to be devastating. But a traumatic brain injury (TBI) can be catastrophic for workers and their families. These serious injuries often have lifelong effects.

While the injured worker is likely eligible for workers' compensation, these benefits are not always enough in TBI cases. Brain injury victims typically need additional compensation to cover their medical bills, lost wages and benefits, and pain and suffering.

How do you get additional compensation?

In some work accident cases, a negligent third party may be held liable. For example, on a construction site, a subcontractor, property owner or the manufacturer of defective equipment are third parties that may be at fault for injuries. For people who drive for work, the other driver who causes a vehicle accident is a third party.

If you are not sure whether there is a negligent third party in your case, speak with a lawyer.

In third-party negligence cases, the injured worker files a separate personal injury suit against the third party. This lawsuit is not the same as applying for workers' comp benefits. If you receive compensation from the third-party suit, it will be in addition to your workers' compensation benefits.

Why do you need more financial compensation?

People who suffer a TBI may never be able to return to their jobs. In severe cases, they may not be able to care for themselves. Long-term medical treatment from specialists will be necessary. Some people will need daily home care or will have to live in a long-term care facility.

Workers' comp benefits simply will not be enough to cover a family's losses in these cases. The third-party suit covers your additional expenses and needs. You can also seek damages for pain and suffering in a personal injury suit. Workers' comp does not provide compensation for pain and suffering.

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