Traumatic Brain Injury in the Workplace

Workers in Florida who suffer on-the-job traumatic brain injuries (TBI) are covered under Florida’s workers’ compensation system. Not all TBI cases or TBI conditions are accepted however and proving a TBI case or TBI injuries require a particular expertise.

In general, workers’ compensation provides medically necessary care and treatment, testing, rehabilitation, and at-home attendant care as well as compensation benefits for loss of wages. In TBI cases especially, making sure needed benefits are provided is critical. As an aside, workers’ compensation does not provide damages for pain and suffering, mental anguish or the loss of the ability to enjoy a normal life. But, having a normal life or returning to as close to a normal as possible can hinge on obtaining appropriate and timely medical treatment and brain rehabilitation.

Workers' compensation TBI cases present special challenges. While the severity of the TBI varies in each case, all TBI cases require careful administration and monitoring of medical care, testing, and rehabilitation. The law states that the insurance company, not the patient, controls the medical care including the selection of the doctors. It is imperative that the brain injured worker receive the care to which he or she is legally entitled, and such care is not unreasonably delayed or denied. That is where experienced legal counsel can help the TBI victim and his or her family navigate the system.

If you need additional information about prevention and education, please visit Brain Injury Florida web page at: https://www.braininjuryfl.org/.