Workplace accidents where you sustain a blow to your head can cause a traumatic brain injury. The severity of your brain injuries depend on the circumstances of your accident and how much your brain has been affected.
Some of the most common ways you can sustain a traumatic brain injury in the workplace include:
It's important to note that symptoms of a brain injury may not develop for several days, or even weeks, after the accident. Because of this, many people sometimes fail to get proper medical treatment. It's important to seek medical attention after any sort of knock to your head, firstly for your health, also, otherwise it may be difficult to prove that your workplace accident caused your traumatic brain injury and you may have some difficulty lodging brain injury compensation claims.
Talk with an experienced workers compensation lawyer to learn more.
The most common type of accident which can cause a brain injury is a road traffic accident. During a motor vehicle accident, you may typically be subjected to a sudden and violent movement of your body, usually your head, and this can cause a brain injury to occur.
There are different issues that can arise after a motor vehicle accident that signifies you have sustained a brain injury. The more common ones include:
Talk with an experienced car accident lawyer for more information.
Slip, trip or falls can occur in a lot of different settings and can cause some serious injuries. Most commonly falls from ladders, heights, or stairs can cause a traumatic brain injury. Slip and trips can result from a blow to the head and also cause a brain injury. Head injuries from slip, trip and fall accidents range in severity from minor to life-threatening, or may even cause death.
Physical symptoms of a brain injury are sometimes hard to diagnose in the first instance as it can take time for the full effects of a brain injury to show and cause problems. Symptoms can appear instantly, within hours, or they may emerge days or weeks after an accident. The effects of a brain injury can last months, years or your lifetime.
Common physical symptoms include:
When your brain has been impacted, you may lose consciousness, although it is usually a mild side effect, only lasting momentarily, it can be fatal if left ignored. When loss of consciousness occurs, the longer a person who has sustained a head injury remains unconscious, the more severe they may be concussed. Medical attention should always be sought in all cases where an injury to the head has resulted in loss of consciousness.
There are a few types of headaches you may suffer after a brain injury, including:
While dizziness and nausea are normal side effects of head injuries, vomiting can be a sign of a worsening condition; it can be associated with skull fractures and hematomas. Even if no serious brain damage is found, you can still experience nausea and vomiting for several days after a head injury.
Convulsions may occur during the first week after you have been injured. But some may occur months or even years after the injury.
Seizures can occur early (within the first week of the brain injury), or late (more than a week after a brain injury). Seizures which occur early after a brain injury are thought to be a symptom of the recent injury. Seizures which occur in the late period after a brain injury, are more likely to recur and may result in epilepsy.
Dilated pupils in either eye or both could indicate a severe concussion or a more serious traumatic brain injury. If the difference in size between the pupils is greater than one millimeter, you need to seek medical treatment immediately.
Cerebrospinal fluid (CSF) is a clear liquid that surrounds the brain and spinal cord. It provides a cushion for delicate brain and spinal tissue. Clear fluid oozing from the ears or nose is a sign of a skull fracture, especially a fracture to the base of the skull.
Insomnia, fatigue and sleepiness are common after a head injury. The brain needs rest and sleep to help it recover, not sleeping well can increase or worsen depression, anxiety, fatigue, irritability, and your overall wellbeing.
The brain is the central mechanism that directs sleep by putting your body to rest. An injury to the brain can therefore lead to changes in sleep.
After a head injury, there may be a lingering pins and needles sensation in certain areas of the body, primarily fingers and toes. This can be a symptom of a nerve disorder, or it could be related to damage to certain areas of the brain.
When making brain injury compensation claims you will need to prove:
Situations in which you may be able to lodge a brain injury compensation claim include:
If you are suffering with a brain injury your life has probably changed vastly, you may suffer long term difficulties both mentally and physically, you may have increased medical and ongoing rehabilitation expenses, loss of income and prolonged pain and suffering.
Brain injury compensation claims generally will involve a claim that will cover:
It's also possible to make an acquired brain injury claim for yourself or on behalf of someone else who is unable to legally make the claim for themselves. Acquired brain injuries refer to any type of brain damage that occurs after birth, the most common acquired brain injury. Some of the circumstances in which you can suffer an acquired brain injury include; physical trauma from a fall or a physically violent fight, and illnesses such as delayed diagnosis and treatment of meningitis.
The process of pursuing compensation for an acquired brain injury will vary depending on the circumstances to which the injury was acquired. A person who has incurred an acquired brain injury may have entitlements available to them from statutory schemes, additional entitlements to common law claims.
It’s important to seek legal advice from one of our experienced personal injury lawyers to determine the validity of your claim, and what avenues of compensation you can take for your personal circumstances.
In Queensland, strict time limits apply to when you can make an injury compensation claim for brain injuries. Deadlines can vary depending on the circumstances of your case, so it’s important to start the claims process as soon as possible. Our team of experienced lawyers will guide you through your legal rights and will assist you to receive the best possible personal injury compensation claim outcome to assist with your life moving forward.
We offer a ‘No Win. No Fee. No Catch’® promise on all brain injury compensation claims, which means there are no upfront costs and you will never be left out of pocket, even if you if a decision is taken against you in court. Fees are calculated on the amount of work completed and will be explained to you in full before the matter is opened and before the claims process begins.
Every brain injury is different and therefore each claim is different depending on your individual circumstances. Once our brain injury compensation lawyers establish negligence, then we will advise you of your entitlements to compensation and the legal process that will need to be taken in order for your claim to be successful.
There is no set timeframe you can expect a brain injury claim to take. Brain injury claims are usually complex due to the nature of the injuries, different legal factors and medical considerations.
Due to the nature of brain injuries, it is important to understand the full extent of the injury, if and when it will stabilise – this can be a lengthy process as the brain can take a lot of time heal or settle into its injured state. Our team of lawyers working on your claim will need to calculate the current and future impact of the injury to understand the full value of the case.
All these measures will help to ensure that your full legal rights are protected and your brain injury compensation claim is lodged successfully. Our compensation lawyers will guide you every step of the way and you will be fully informed on possible timeframes and payouts once we fully assess your potential claim.
Yes, you are able to represent yourself when making a brain injury compensation claim. However, you risk missing important steps or elements to the personal injury law process and you may miss out on vital compensation you require to assist with your life, going forward. Successfully representing yourself will likely involve a thorough understanding of the applicable personal injury legislation, your legal rights and entitlements, and above all the time and energy to pursue the claim.
Most people making a brain injury claim choose not to act for themselves due to the nature of their injuries and the overall complex nature of personal injury law.
If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.
Get in touch with us today to give yourself the best opportunity to understand your rights.
I would highly recommend Smith’s Lawyers. The work they put into my case was exceptional, even with such a busy working life and at most times being unreachable. They went above and beyond to ensure the best possible outcome. I am very pleased with their work and the result.
"I highly recommend Smith’s Lawyers! They are very easy to deal with, all staff from the reception ladies through to the lawyers are friendly and action emails and phone messages promptly. I couldn’t have asked more from any of the team. I’ll certainly use Smith’s again in the future if I need to"
"Greg, Luke and the team at Smiths Lawyers were absolutely amazing in the handling of my cases from day one they were so proactive right through to finalisation of my claim. It’s true what they say no win no fee ( A broad statement) we won my claim and the cost associated with the claim was as such after deductions."
"People cringe at the thought of dealing with lawyers but my experience so far has been an absolute pleasure."