How this injury happens at work.
- Struck by falling tools, materials, or loads on construction and warehouse sites
- Vehicle and forklift collisions while working
- Falls from ladders, scaffolds, loading docks, and roofs
- Chemical splash, flying debris, and welding flash to the eyes
- Years of noise exposure in manufacturing, aviation, and construction
The injuries we see.
- Concussion and mild traumatic brain injury
- Moderate to severe TBI and skull fracture
- Post-concussion syndrome — headaches, memory, concentration, sleep
- Eye injuries and vision loss
- Occupational hearing loss and tinnitus
- Psychiatric injury following a traumatic event
Report it, then file it.
California workers’ compensation runs on fixed deadlines, and the carrier will use every one you miss. Report the injury to your employer in writing, ask for the DWC-1 claim form, keep a copy of everything, and get to a doctor the same day if you can. The deadline calculator on our home page shows how long is left on each clock from your date of injury.
Treatment and your right to a doctor.
Emergency evaluation and imaging (CT, then MRI where symptoms persist), neurology and neuropsychological testing, vestibular and cognitive therapy, and ophthalmology or audiology depending on the injury. Brain injuries are under-rated when they’re treated as a headache; getting to a specialist early is the difference between a fair rating and a closed file.
All treatment reasonably required to cure or relieve the injury is covered — no co-pay, no deductible, no lifetime cap. For the first 30 days you generally treat within the employer’s medical provider network unless you pre-designated your own physician; after that you can change treating doctors within the network, and disputes over diagnosis or disability go to a Qualified Medical Evaluator. Utilization-review denials can be appealed through Independent Medical Review within 30 days.
Two claims, not one.
Workers’ compensation
Medical care, temporary disability at two-thirds of your average weekly wage, permanent disability, and retraining. Your employer can’t be sued — that immunity is the bargain.
Whoever else caused it
Falling tools or materials on a multi-employer site, a defective hard hat or guard, or a driver who hit you while you were working all point to a civil case against someone other than your employer — with no cap and pain and suffering on the table.
Both cases run at the same time. You do not choose between them, and the two-year civil statute keeps running whether or not the workers’ comp claim is filed.
Permanent disability and what it’s worth.
Cognitive, memory, and sensory impairments are rated under the AMA Guides and can produce significant permanent disability. Hearing loss has its own rating method. Vision loss is rated separately for each eye.
Once you reach maximum medical improvement, the treating physician or the medical-legal evaluator writes a report that is converted to a permanent disability rating and a weekly benefit. Cases then resolve by Compromise & Release for a lump sum, by Stipulated award with future medical care left open, or by trial before a workers’ compensation judge. If your employer can’t offer work within your permanent restrictions, you are also entitled to a Supplemental Job Displacement Benefit voucher for retraining and the Return-to-Work Supplement.
What the carrier will try.
- Closing the claim after the ER visit because the CT scan was “normal”
- Steering to a network doctor with no brain-injury training
- Denying neuropsychological testing through utilization review
- Calling ongoing symptoms “psychological” to avoid a TBI rating
Questions we hear first.
Is a concussion a workers’ comp injury?
Yes. Any injury arising out of and in the course of employment is covered, including concussions with a normal CT scan. Symptoms — headaches, memory problems, dizziness, sleep changes — are the injury; the imaging is only one piece of evidence.
Can I get a second opinion on a brain injury?
Yes. After the first 30 days you can generally change treating physicians within the employer’s medical provider network, and you can request a Qualified Medical Evaluator to resolve disputes about diagnosis and disability.
What if I was hit by a subcontractor’s equipment?
Workers’ comp covers you regardless of fault, and you may also have a civil claim against the subcontractor or equipment owner. Both cases run at the same time.
General information about California law, not legal advice about your case. Statutes cited: Labor Code §§ 4600, 4650, 4658.7, 4906, 5400, 5401, 5402, 5405; Code of Civil Procedure § 335.1. Every case turns on its own facts — call for a free consultation.