Workplace accidents cause thousands of traumatic brain injuries annually, particularly in construction, manufacturing, and industrial settings. Workers who suffer TBI face unique legal challenges navigating between workers' compensation benefits and potential third-party claims.
High-Risk Industries for TBI
Construction
- Falls from heights (scaffolding, ladders, roofs)
- Struck-by incidents (falling objects, equipment)
- Caught-between accidents
- Electrocution causing falls
Manufacturing
- Machinery accidents
- Forklift incidents
- Falling objects from shelving
- Explosions and equipment failures
Transportation
- Commercial vehicle accidents
- Loading dock incidents
- Warehouse equipment accidents
Workers' Compensation for TBI
Workers' compensation provides no-fault benefits for workplace injuries:
- Medical expenses – All reasonable treatment costs
- Temporary disability – Wage replacement during recovery
- Permanent disability – Benefits for lasting impairment
- Vocational rehabilitation – Retraining if unable to return to previous work
Limitations
Workers' compensation does not provide full compensation:
- No pain and suffering damages
- Wage replacement is partial (typically 60-70%)
- Benefits may be capped
- No compensation for diminished quality of life
Third-Party Claims
When parties other than the employer caused or contributed to the TBI, workers can pursue civil claims for full damages:
Common Third-Party Defendants
- Equipment manufacturers – Defective machinery, safety equipment, tools
- Property owners – When injury occurs on premises owned by non-employers
- General contractors – On multi-contractor job sites
- Subcontractors – Other companies' negligence on shared sites
- Vehicle drivers – When workplace injuries involve motor vehicles
Third-Party Claim Benefits
- Full lost earnings (not partial replacement)
- Pain and suffering damages
- Loss of enjoyment of life
- Punitive damages when appropriate
OSHA Regulations
OSHA safety violations can be powerful evidence in third-party claims:
- Fall protection requirements
- Hard hat requirements
- Machine guarding standards
- Training requirements
Documented OSHA violations can establish negligence and support punitive damages.
Dual Recovery
Workers may receive both workers' comp benefits and third-party lawsuit damages, though workers' comp carriers typically have liens against third-party recoveries for benefits paid.
Conclusion
Workplace TBI claims require careful navigation of workers' compensation systems while identifying third-party claims that can provide full compensation. An attorney experienced in both workers' comp and personal injury can maximize recovery from all available sources.