Returning to work after TBI is often challenging, with many survivors facing reduced capacity, workplace difficulties, or complete inability to work. These vocational impacts form a substantial part of TBI damage claims.
Common Return-to-Work Challenges
Cognitive Barriers
- Memory problems affecting job tasks
- Difficulty concentrating in busy workplaces
- Slowed processing reducing productivity
- Problems with multitasking
- Impaired judgment affecting decision-making
Physical Barriers
- Fatigue limiting work hours
- Headaches requiring breaks
- Light/noise sensitivity in office environments
- Physical limitations from associated injuries
Emotional Barriers
- Irritability affecting coworker relationships
- Anxiety in work situations
- Depression reducing motivation
Workplace Accommodations
The Americans with Disabilities Act may require employers to provide reasonable accommodations:
- Modified work schedules
- Reduced hours or workload
- Quiet workspace
- Written instructions rather than verbal
- Additional breaks
- Technology aids (calendars, reminders)
Vocational Outcomes
- Full return – Some TBI survivors return to previous jobs
- Modified return – Same employer but different/reduced role
- New occupation – Different career matching remaining abilities
- Part-time work – Unable to sustain full-time employment
- Total disability – Unable to perform any competitive work
Legal Claims
Lost Earning Capacity
When TBI prevents return to previous earning level, victims can claim the difference between pre-injury and post-injury earning capacity over their working lifetime.
Evidence
- Vocational rehabilitation expert – Assesses remaining work capacity
- Economist – Calculates lost earning capacity
- Employment records – Document job loss or reduced performance
- Functional capacity evaluation – Objective work ability testing
Conclusion
Work capacity impacts are often the largest economic damage in TBI cases. Vocational expert analysis ensures lost earning capacity is fully calculated and supported.