Traumatic brain injuries (TBIs) are an everyday concern for workers across high-risk industries such as construction, oil extraction, and trucking. A fall, motor vehicle accident, or contact with heavy machinery can result in a life-threatening head injury, causing extended unconsciousness, brain bleeds, and long-term cognitive or physical impairments. A single incident can leave a worker with lifelong cognitive and physical impairments, threatening their health and livelihood. This is why it’s important to contact an experienced Bakersfield personal injury lawyer from Rodriguez & Associates for legal guidance.
Certain industries or work environments must follow specific state and federal regulations, supply necessary protective equipment, and ensure that workers are adequately trained to do dangerous work. While employers and their companies are responsible for providing a safe work environment for their employees, the negligence of a third party, which can include manufacturers, subcontractors, or property owners, can place employees in dangerous situations that cause catastrophic injury.
When a worker is injured on the job due to a third party’s negligence, additional legal action can be taken beyond workers’ compensation. Continue reading to learn more about traumatic brain injury resulting from third-party negligence on the job.
As companies work to protect their interests following an accident, workers must also aim to protect their interests.
When you hire a Bakersfield traumatic brain injury attorney from Rodriguez & Associates to protect your rights following a traumatic brain injury at work, you can count on some of the top legal minds in California personal injury law. Rodriguez & Associates has more multi-million dollar verdicts than any other law firm in the Southern San Joaquin Valley, including the top 3 highest personal injury verdicts in Kern County history.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is a type of brain trauma caused by an external force such as a substantial bump, blow, or jolt to the head or an object penetrating the brain. Both open-head and closed-head injuries can have catastrophic results, including immediate as well as delayed symptoms resulting in brain bleeds, swelling, or contusions that can be fatal.
TBIs are categorized from mild to life-threatening depending on the type of impact, the area of the brain affected, and if an object has penetrated the brain. Falls and collisions are among the most common causes of serious TBIs that result in life-threatening injuries.
Understanding Third-Party Liability In The Workplace
Third-party liability can arise when an individual or entity other than your employer is responsible for your workplace injury. Many industries rely on third-party manufacturers to process and transport goods between companies, or hire subcontractors to complete projects, leading to the potential for injury. Third-party negligence can take many forms, including:
- Defective equipment: Manufacturers of faulty or malfunctioning equipment, such as hard hats, safety harnesses, or other protective gear, can be held liable if their product contributes to a TBI or other injury.
- Reckless drivers: Drivers of other vehicles involved in work-related accidents can be responsible for brain injuries sustained by workers.
- Subcontractor negligence: Subcontractors who create hazardous working conditions, such as uneven scaffolding or inadequate fall protection, can be liable for TBIs resulting from their negligence.
- Premises liability: Property owners or managers who fail to maintain safe working conditions, such as inadequate lighting, dangerous supports, or slippery surfaces that contribute to TBIs, can also be held liable for negligence with the help of a premises liability attorney in Bakersfield.
Claims surrounding third-party negligence in the workplace require extensive investigation into causation and liability. Protect yourself by hiring a personal injury attorney who not only with experience navigating challenging workplace injury claims but who has access to resources and industry-specific experts.
Common Workplace Accidents that Cause TBI
A 2014 report found that traumatic brain injuries account for 22% of all work-related injuries and are the result of 46% of all falls at a workplace. The Bureau of Labor and Statistics shares that the leading causes of occupational TBI death in the United States are as follows: motor vehicle (31%); falls (29%); assaults and violent acts (20%); and contact with objects/equipment (18%).
- Motor Vehicle Accidents
Vehicle-related accidents in which a truck or excavation vehicle has a defective part or a defective load can lead to accidents causing traumatic injuries, internal bleeding, and brain damage. Motor vehicle accidents are a leading cause of traumatic brain injury across industries, including construction, manufacturing, and oil and gas extraction. If you were injured in a car accident, make sure to speak with a car accident attorney in Bakersfield.
- Falls
In 2022, the CDC reported that falls from elevation represented approximately 81% of all fatalities and 20% of all nonfatal slips, trips, and falls for all industry workers. Close to 49% of these incidents involved an injured person not using any form of fall protection. According to the Bureau of Labor and Statistics, most fatal falls in construction occurred from a height of between 6 and 30 feet, with ladders and stairs being the primary objects used.
- Explosions
Working around sensitive electrical equipment and flammable materials increases the risk of explosion. Blast waves can cause a range of brain injuries, including concussions, hemorrhaging, and other forms of brain damage due to the rapid and violent movement of brain tissue.
Long-Term Effects of TBI
The aftermath of a serious injury such as a TBI often involves costly and ongoing medical treatment and care to manage permanent disabilities and life-altering changes to the victim’s quality of life. Studies have shown that TBIs have been linked to a heightened risk of long-term health issues, including:
- Memory loss
- Difficulty with problem-solving, following instructions, learning new information, or grasping abstract ideas
- Impaired judgment
- Partial or total loss of reading, writing, and communication skills
- Loss of motor coordination, including issues with swallowing
- Sleep disturbances
- Seizures
- Severe mood swings and emotional disturbances
- Increased risk of depression
Worker’s Safety Rights in Bakersfield
State and federal employment laws protect workers against workplace accidents and injuries within limitations. While it is possible to collect workers’ compensation for injuries sustained on the job in California, complex legal dynamics can come into play. Under workers ‘ compensation laws, not all accidents will qualify for the benefits and long-term care your injury requires.
If a third party is found to have acted negligently or created an unsafe working environment that led to your injury, they can be held accountable outside of a workers’ compensation claim. It is essential to explore all of your options before pursuing a claim through your employer if you have suffered a life-altering injury due to third-party negligence. Consult a top personal injury attorney to discuss your case and determine the best course of action to help you towards physical and financial recovery.
Compensation for a Workplace TBI
If a third party’s negligence or recklessness caused you to obtain a brain injury while on the job, whether it be a construction job or other, you may be entitled to compensation beyond workers’ compensation. Working with a knowledgeable construction accident attorney in Bakersfield who understands the specifics of brain injury trauma and has access to resources, including medical and occupational experts, will be key in helping you identify the financial extent of your injuries and obtain fair and just compensation.
Based on the extent of your injury and the medical treatment required for recovery, numerous types of damages may apply:
- Medical expenses, including medications, surgeries, and doctor’s visits
- Future medical treatment and care
- Rehabilitation costs
- Lost wages during recovery time
- Future lost wages
- Emotional damages, such as pain and suffering and loss of quality of life
- Disability accommodations
- Home modification costs
- Punitive damages in situations where the at-fault party acted with extreme negligence
Pursuing a third-party liability claim can provide additional benefits for workers who have suffered a traumatic brain injury. These claims allow for the potential recovery of full medical costs, compensation for lost wages, and damages for pain and suffering, which typically are not covered by workers’ compensation.
Bakersfield Workplace TBI Attorneys You Can Trust
At Rodriguez & Associates, we understand the complexities and challenges of traumatic brain injury cases, especially those resulting from workplace negligence. The firm’s president and founder, Daniel Rodriguez, worked as a roustabout and a mechanic in Kern County’s oilfields, obtaining firsthand experience surrounding worker safety.
With over $1 billion recovered for clients, our experienced personal injury attorneys have a track record of being dedicated to helping workers and their families navigate the aftermath of a workplace traumatic brain injury, from holding negligent employers and third parties accountable for their actions to assisting families to seek justice and regain control of their lives.
Contact Rodriguez & Associates online or call (661) 777-7575 or 800-585-9262 Toll-Free to schedule a free consultation with one of our Bakersfield traumatic brain injury attorneys today.