Workplace Brain Injury Lawyer New Mexico
There are many ways a person could get a brain injury while working, as a trusted New Mexico workplace brain injury lawyer understands. The team at Davie & Valdez P.C. understands that if you become injured at work in any way, it can make it difficult to get the paycheck you need. However, if you are suffering from a brain injury due to your work, it may lead to long-lasting or permanent damage. When you are ready to file a workers’ compensation claim to continue getting the money you need and pay for your medical care, reach out to our office to see how we can help you.
How do employees get brain injuries at work?
Depending on the field you are working in, there are many ways that you may suffer from a brain injury. This can happen if you slip and fall at work, if an object falls on you and hits your head, if you are around different toxic chemicals, or if you were part of a machinery accident. A New Mexico workplace brain injury lawyer knows that depending on the type of accident you were in and the severity of your brain injury, this may be something that takes a long time to recover from.
What are the symptoms of a brain injury?
There are a few symptoms that you should be looking out for especially if you were recently in an accident.
- Nausea or vomiting
- Feeling dizzy or “out of it”
- Pain in your head or neck
- Having problems seeing or issues with hand/eye coordination
- Feeling fatigued or tired more than normal
- Becoming angry, irritable, or having mood swings that are not normal for you
- Feeling paralysis in parts of your body
These are just a few symptoms that may indicate whether you are suffering from a brain injury after a workplace accident which is why it is so crucial that you get medical attention immediately.
What options do I have for compensation?
If your injury happened while you were working then you have the right to pursue compensation through workers’ compensation benefits. That said, brain injuries can often be extensive and you may find that the compensation you are given through workers’ compensation benefits is not enough to take care of your needs as a result of the brain injury. While workers’ compensation does not rely on a negligence-based system, if you believe that someone else’s negligence may have caused you to get a brain injury while working, you may want to speak with your lawyer about pursuing a personal injury claim instead of a workers’ compensation claim. Your lawyer will understand what the best options are and will be able to tell you if you are making the right legal decisions when it comes to financially taking care of yourself after a workplace brain injury.
7 Common Reasons for Brain Injuries from Workplace Accidents
Our team from New Mexico workplace brain injury lawyer will share that workplace safety is crucial to any industry. However, accidents still happen despite efforts to maintain a safe environment. One of the most severe injuries one can sustain in the workplace is a brain injury, which could lead to long-term complications and disability. Understanding the common causes of brain injuries in the workplace is a critical step toward preventing these unfortunate incidents. Our team from Davie & Valdez P.C shares seven reasons brain injuries might occur in the workplace.
Slips and Falls
Slips and falls are some of the most common workplace accidents that often result in brain injuries. Wet floors, cluttered work areas, and poorly maintained surfaces can all contribute to a fall. When workers fall and hit their head, the impact can lead to traumatic brain injuries.
Struck by Object
This type of accident occurs when an object falls from a height and hits a worker on the head. It is prevalent in industries like construction, warehousing, and retail. Items falling from shelves or construction materials from a height can cause severe brain injuries.
Vehicle Accidents
The risk of being involved in a vehicle accident is high in occupations involving driving or transportation. A collision can cause a sudden jolt to the head, resulting in a traumatic brain injury.
Exposure to Harmful Substances
Exposure to toxic chemicals or harmful substances can cause brain injuries, particularly if the exposure is prolonged and without proper protective equipment. These substances can cause damage to the brain’s functioning, leading to cognitive impairment and other neurological symptoms.
Workplace Violence
Workplace violence is an unfortunate reality in some occupations. Physical altercations can lead to severe injuries, including traumatic brain injuries. A New Mexico workplace brain injury lawyer stresses how essential it is for employers to maintain a safe, respectful, and violence-free workplace.
Machinery Accidents
Workers who operate heavy machinery are at risk of accidents leading to brain injuries. If a machine malfunctions or a worker isn’t adequately trained to use it, an accident can result in head injury.
Lack of Protective Equipment
The lack of proper protective equipment can exacerbate the consequences of a workplace accident. Hard hats, for instance, can dramatically reduce the impact of being struck by an object or falling.
Common Types of Brain Injuries
The human brain is a complex organ, and injuries to it can manifest in various forms. In the context of workplace accidents, these injuries often fall into several categories:
Concussions
The most well-known type of brain injury, concussions, are caused by a blow to the head that shakes the brain within the skull. These are common in falls or when an object strikes the head. Symptoms can include headaches, confusion, dizziness, and temporary loss of consciousness.
Contusions
These are bruises on the brain caused by an impact on the head. They can lead to swelling and bleeding in the brain and may require surgical intervention in severe cases.
Coup-Contrecoup Injuries
These occur when the force of an impact is so great that it causes the brain to move within the skull, injuring the side of the brain opposite the point of impact. This is common in high-speed vehicle accidents.
Diffuse Axonal Injuries
This injury is caused by strong rotation or shaking forces, damaging the brain’s connecting fibers. They are often seen in vehicle accidents, leading to severe cognitive and functional impairment.
Penetrating Injuries
These are injuries where an object pierces the skull and enters the brain. These are less common in most workplaces but can occur in settings involving heavy machinery or sharp objects.
By understanding these different types of brain injuries, employers and employees can better recognize the risks inherent in their work environment and take necessary precautions to prevent them.
Brain injuries from workplace accidents are often severe and can have lasting consequences for the injured worker. By understanding the common reasons behind these injuries, employers can work towards implementing safety measures to prevent them. Maintaining safe work environments, providing adequate training, ensuring access to appropriate protective equipment, and fostering a respectful workplace culture to reduce the risk of these devastating injuries is crucial. Prevention is the most effective strategy, and awareness of these common causes is the first step. To learn more, contact our New Mexico workplace brain injury lawyer from Davie & Valdez P.C.
New Mexico Workplace Brain Injury Claims Guide
Injuries that affect the brain can change your life in an instant, as a trained New Mexico workplace brain injury lawyer is knowledgeable about. When it comes to brain injury claims in the workplace, there are certain factors to consider in order to determine the validity of a claim. In this blog post, we will explore when a workplace brain injury claim may not be valid, highlight the potential issues in such claims, discuss how to know if your brain injury claim qualifies, and shed light on when it’s advisable to seek the assistance of a brain injury lawyer.
When is a Workplace Brain Injury Claim Not Valid?
It is critical to understand that not all workplace brain injury claims are considered valid, and individuals should know the circumstances that will render a claim invalid. For instance, if the injury did not occur within the workplace or during work-related activities, the claim may not be considered valid. Similarly, if the injury was self-inflicted or caused by the injured party’s own negligence, the claim’s validity may be called into question. It is crucial to establish a clear cause-and-effect relationship between the workplace environment and the brain injury to determine the claim’s validity.
Issues in Brain Injury Claims
There are many challenges and hurdles that are typically involved in a brain injury claim. One of the primary issues lies in establishing a direct link between the workplace and the injury. Proving causation can be difficult, especially if the injury is not immediately apparent or if there is a lack of medical evidence. Additionally, the long-term effects of brain injuries can be challenging to quantify, making it harder to determine appropriate compensation. Pre-existing conditions or other factors that contribute to the injury may also complicate the claims process. These issues require careful investigation and expert legal guidance to overcome.
How to Know When Your Brain Injury Claim Qualifies
To determine if your brain injury claim qualifies for compensation, several key factors must be considered. A workplace brain injury lawyer can explain that they first need to determine if the accident was the result of workplace-related activities. It is important to document the incident and seek immediate medical attention. Consulting with a medical professional specializing in brain injuries can help establish the severity and impact of the injury. Additionally, keeping a record of medical treatments, expenses, and any work limitations resulting from the injury will strengthen your claim. Seeking the advice of an experienced brain injury lawyer will provide further clarity on the viability of your claim.
When to See a Brain Injury Lawyer
It is highly recommended that you see a lawyer if you have suffered a brain injury in the workplace. They possess the expertise and knowledge necessary to navigate the legal complexities associated with brain injury claims. A brain injury lawyer will assess the validity of your claim, guide you through the claims process, gather necessary evidence, and negotiate with insurance companies or employers on your behalf. Their understanding of the legal framework and experience in handling brain injury cases will greatly increase the chances of a successful outcome.
Request Legal Assistance
Workplace brain injury claims require careful consideration and thorough documentation to establish their validity. Understanding when a claim may not be valid, the issues that can arise, and how to determine the eligibility of your claim are crucial steps in seeking compensation. If you have ever had a brain injury as a result of a work-related accident, look to the legal services of a workplace brain injury lawyer from Davie + Valdez P.C. so that you can understand your next steps and get the support that you need.
Get Legal Help For a Workplace Brain Injury Now
When you are ready to fight for compensation for your workplace brain injury, call the team at Davie & Valdez P.C. Our New Mexico workplace brain injury lawyer is ready to help you when you need us.