Legal Approaches to Securing Compensation for Brain Injuries Sustained in High-Risk Work Environments

Choosing the Right Legal Strategy Is Paramount

More than one out of every ten Americans works in office and administrative jobs with minimal risk. Unfortunately, many others are employed in dangerous jobs, and even when taking precautions, accidents can still happen. Luckily, there are various legal approaches to securing compensation for brain injuries sustained in high-risk work environments.

The biggest problem is that many people don’t realize this fact. After sustaining a head injury – or having a loved one face catastrophic injuries – these individuals believe they’re precluded from seeking compensation. In many instances, they believe workers’ compensation insurance is their only option. Some even believe their own actions preclude them from financial recovery.

Fortunately, such assumptions are typically inaccurate.

Workers’ Compensation Insurance

Any discussion regarding securing compensation for brain injuries sustained during high-risk employment has to touch on the workers’ compensation program. For the majority of domestic employees, this is the exclusive legal remedy for on-the-job injuries. Most employers are required to carry this insurance, and it gives injured workers monetary support when they need it.

Unfortunately, this form of compensation also comes with significant disadvantages. Most importantly, the workers’ compensation program typically removes an employee’s option to seek personal injury damages. Workers’ comp makes it easy to get financial support without going through litigation, but it also greatly reduces the potential compensation available.

Even worse, workers’ compensation claims are often denied. Fortunately, this is far from the only legal remedy to secure compensation after sustaining a brain injury in a high-risk work environment.

Personal Injury Claims

Workers’ comp is often referred to as an “exclusive remedy,” but there are some exceptions to this rule. For instance, what if your employer doesn’t carry workers’ compensation insurance? What if your injuries were caused due to malicious intent or egregious negligence? What if your injuries weren’t caused by your employer at all – but by a third-party contractor?

In these cases and many others, you may be able to file a personal injury claim. In doing so, you’ll need to establish that the at-fault party is legally liable for your injuries. You’ll also need to justify why your case isn’t suited for workers’ compensation recovery. Unfortunately, this can be an uphill battle – and that’s why many people opt to work with a personal injury law firm.

Put simply, negligence should never go unpunished, and while workers’ comp may allow these acts to go unanswered, personal injury law will not.

Specialized Compensation Programs

The workers’ compensation program certainly has issues, but this doesn’t always mean that personal injury law will be relevant. However, there is often another legal approach to securing compensation for brain injuries suffered in high-risk employment. In fact, the industry you work in could offer several other legal strategies for seeking financial recovery.

For instance, civilian contractors working for the government overseas typically qualify for Defense Base Act (DBA) benefits if they sustain an injury during the course of their employment. This compensation can be substantial, but there are caps on how much a person can receive. This is particularly problematic when someone suffers something as serious as a brain injury.

Additionally, the Longshore & Harbor Workers Compensation Act provides compensation for workers in another industry. This government compensation program can offer monetary support for those who work at docks, marinas, bridges, harbors, and similar environments. Much like DBA benefits, there are caps on compensation.

Litigation Against Equipment Manufacturers and Vendors

Envision a scenario where a person is working at a marina where they perform major repairs on ships. They’re wearing a hard hat when they’re suddenly struck by a large, steel I-beam. Instead of protecting the worker, the helmet breaks and a severe head injury occurs. While it might seem like this situation is perfect for workers’ comp, there may be a product liability claim here.

While this technically falls under personal injury law, it’s important to distinguish between regular negligence by an employer or third party and defective products sold on the mass market. Design defects, manufacturing problems, inadequate warnings, and other issues that lead to serious injuries can leave the product designer, manufacturer, and others in the consumer process liable for damages.

This is one of the many reasons it’s typically advisable to seek legal counsel after suffering a serious brain injury. In some cases, it’s easy to overlook potential liability by outside parties. A legal professional can review the circumstances of an incident to figure out what legal approach to securing compensation after a brain injury in a high-risk job is appropriate.

Can You Go After the Federal Government?

Individuals who work for the federal government often wonder whether they can target the feds with a lawsuit or personal injury claim. Technically speaking, this is sometimes possible. The law allows lawsuits under the Federal Tort Claims Act (FTCA). However, this legal option is only available under limited circumstances.

That’s because federal government entities typically have sovereign immunity. Exceptions to this doctrine may include injuries caused by willful misconduct, egregious acts, or unsafe conditions on government property. However, overcoming sovereign immunity can be a tough task – and there are often other legal options that injury victims do not know about.

Do You Need an Attorney?

Traumatic brain injuries are life-altering incidents. When it comes to personal injury law, substantial compensation is available — and even if you don’t qualify, separate forms of workers’ comp may be available. However, opting to seek any form of compensation without an attorney can be a disastrous decision.

In personal injury law, you’ll encounter liable parties and insurance companies who will fight tooth and nail to avoid paying fair compensation. For DBA benefits and other government programs, employers may try to interfere with your right to secure financial recovery. Even worse, your claim may be denied for illegitimate reasons.

For these reasons and more, seeking counsel is in your best interest if you want to understand the best legal approach to securing compensation after suffering a brain injury during high-risk employment. At Benner Law Firm, our dedicated legal team is committed to helping injury victims. Contact us at (714) 497-2544 for your free strategy session. We’re here to help.