Workers have the right to expect that their employers are adhering to all necessary safety standards that aim to keep the workplace as secure and safe as possible. Unfortunately, accidents happen in workplaces across the country, leaving many workers injured and unable to perform their assigned duties. As an injured worker, you face unexpected challenges like costly medical bills, lost wages, a complex physical recovery, and many other concerns because of the on-the-job incident. In Washington state, the Department of Labor and Industries (L&I) oversees the Workers’ Compensation system. Workers’ compensation pays for medical care directly related to your accident or illness. If you are unable to work following your injury, you may be eligible for a portion of your lost wages. Most importantly, L&I or your self-insured employer may help coordinate a safe and timely return to work.” In other words, your employer’s workers’ compensation insurance should cover the costs associated with your work-related accident. However, there are times when a third party may be responsible for the accident, which may entitle you to additional damages outside of the workers’ compensation system. Each workplace injury claim is unique, so it’s worth discussing the specifics of your situation with a knowledgeable and experienced Seattle personal injury legal advocate for the customized guidance you deserve.
At Menzer Law Group, our team of dedicated and experienced legal professionals recognizes the significant dangers that construction and other high-risk industries pose to their workers. We understand that workplace accidents can present complex legal issues regarding when a worker or employee can sue for damages outside the workers’ compensation system. Our focused approach to the cases we take on allows us to allocate dedicated resources and powerful advocacy every step of the way. If your case aligns with our areas of focus, we are ready to guide you through the legal process with unwavering professionalism and determination. This post will explore some of the challenges of seeking compensation after suffering a head injury in a work-related accident in the greater Seattle area and the steps you can take to maximize your chances of securing a fair and favorable outcome.
Common Causes of Workplace Head Injuries
Certain jobs are inherently riskier for employees. For example, construction workers, commercial truck drivers, law enforcement officers, firefighters, machine operators, loggers, and warehouse workers often work in busy environments with known hazards. Although each of these sectors has its own set of safety standards to keep workers safe, accidents can happen that cause serious, catastrophic, or even fatal injuries. In particular, head injuries can be devastating to a worker and their family, as traumatic brain injuries (TBIs) can cause cognitive impairment, memory loss, emotional issues, and even motor control complications and other physical injuries. According to the National Institute of Neurological Disorders and Stroke, “TBI can be caused by a forceful bump, blow, or jolt to the head or body, or from an object entering the brain.” Some common causes of workplace head injuries include being struck in the head by falling objects at construction sites, being involved in a collapsed structure, being involved in a truck or car accident while on the job, and other instances where a worker suffers a blow to the head. While some TBIs exhibit immediate symptoms, others may not develop symptoms until hours or even days after the incident. It’s essential that injured workers seek medical treatment as soon as possible so that they can receive a clear diagnosis and start receiving the treatment they need to support their recovery.
Navigating Workers’ Comp Head Injury Settlements in Washington State
Some workplace accidents involving head injuries can be addressed through the workers’ compensation system. For these types of claims, the injured worker needs to take specific steps (as outlined by L&I), such as seeking medical care right away and notifying their employer about the incident. Next, the injured worker will need to file a workers’ compensation claim, either online, by phone, or at the doctor’s office. According to L&I, a valid worker’s compensation claim may entitle you to receive “a variety of benefits, including medical care, if it’s directly related to your injury. In some cases, we may provide wage replacement, return-to-work help, and disability or pensions for the severely injured.” It’s important to recognize that the workers’ compensation system allows eligible parties to receive economic support due to a work-related injury, but accepting these benefits means that the worker cannot sue their employer. In other words, an injured worker cannot seek a head injury workers’ compensation settlement while also suing their employer for negligence. In some cases, however, it’s possible for a worker whose head injury involved a negligent third party (other than the employer) to seek additional damages outside of the workers’ compensation system. These cases can be complicated, so it’s worth discussing your options with a highly qualified and experienced Seattle personal injury legal professional for more specific guidance.
Other Options For Seeking Head Injury Lawsuit Settlements
Employers in Washington that carry workers’ compensation insurance will likely have immunity from personal injury lawsuits; however, if another party played a role in your head injury accident while on the job, you may be able to file a third-party lawsuit seeking damages that support the costs of your recovery. Below are just a few of the possible third parties that could be held responsible for a head injury accident, other than your employer.
Product Companies or Manufacturers
Sometimes, a workplace accident is caused by a faulty or defective machine or piece of equipment. For instance, a piece of heavy machinery that malfunctions because of a defective part could entitle the injured party to seek damages from the product’s manufacturer for its failure to ensure the safety of its products.
Construction Site Owners or Contractors
If you work at a construction site, the site’s owner typically has a legal responsibility to ensure the safety of the premises. Additionally, contractors are required to provide their workers with reasonably safe working conditions and to ensure that all safety regulations are obeyed at all times. Failures to fulfill these obligations can result in workplace accidents, and an injured party may decide to file a lawsuit against the negligent party.
Estimating a Head Injury Settlement Amount That’s Fair
The average payout for head injuries varies considerably from case to case. There are several factors that determine the amount of compensation to which an injured worker is entitled to recover after a workplace accident. A head injury workers’ compensation settlement is usually calculated to address costs associated with the workplace injury, such as medical bills, hospital visits, and (in some cases) a portion of the lost wages. Head injuries that cause especially severe damages or permanent impairment often entitle the injured party to a larger amount of compensation, as the costs of their injuries tend to be more considerable and long-term. Additionally, factors like the cost of future care play a role in determining the amount of compensation the injured worker may be able to recover. Regardless of the specific circumstances of your case, it’s essential that you work with a knowledgeable and trusted legal advocate who can help you gather and present clear and compelling evidence that demonstrates the financial, mental, and emotional toll of the workplace accident injury.
Legal Advocacy That’s Customized to Suit Your Needs
Suffering a workplace injury can be devastating. Suddenly, you face a long and difficult road to recovery, and you and your loved ones are likely worried about the medical bills that are quickly piling up. In addition to these physical and financial concerns, it’s common to experience emotional and psychological challenges, such as anxiety, insomnia, post-traumatic stress disorder, depression, and other struggles as you navigate the aftermath of the traumatic accident. However, as overwhelmed and concerned as you may feel right now, it’s essential to recognize that you do not have to move through this challenging time alone. The compassionate and dedicated team of legal professionals at Menzer Law Group is committed to providing you with the personalized legal services you deserve. We believe in carefully reviewing every potential claim so that we can concentrate our efforts on cases where our expertise can have the most profound impact. We offer detailed evaluations to determine whether your case aligns with our strengths. If so, we will develop a comprehensive litigation strategy that seeks to maximize the amount of compensation we can secure on your behalf so that you have the resources you need to support the varied aspects of your recovery.
Head injuries can cause severe health challenges and complications that may require long-term care. If you sustained a head injury in a workplace accident, you may be entitled to compensation to support the costs of your medical treatment, lost wages, and other expenses associated with the incident. At Menzer Law Group, our systematic approach to workplace injury claims outside of the Workers’ Compensation system is designed to secure justice and compensation that the injured worker deserves. We encourage you to contact our Seattle office today at (206) 903-1818 for a complimentary case evaluation.
