If you or a loved one has suffered a devastating work-related brain injury, you may be wondering what you can do to hold your employer responsible and if it’s possible to sue them for compensation.
The answer to that question depends on the nature of the case, but regardless of whether you can sue or not, you do have legal options available to you. Understanding those options and what legal help is available to you is the first step towards recovering the compensation you deserve and rebuilding your life.
Traumatic Brain Injury and Employment: Common Causes of TBIs in the Workplace
Brain injuries at work can result in a long list of life-altering consequences, from memory loss and behavioral changes to cognitive impairment and permanent disability. Victims might never be able to return to work and may require lifelong care.
Some of the most common causes of a brain damage work injury include:
- Falls from heights
- Slip-and-fall accidents
- Falling objects
- Motor vehicle accidents
- Machinery accidents
- Explosions or blasts
- Violence in the workplace
Even seemingly minor blows to the head should be taken seriously. Traumatic brain injuries are not always immediately apparent, and symptoms can take hours or even days to develop. Always seek prompt medical attention after a workplace accident to protect both your well-being and your legal rights.
Employer Negligence and a Brain Injury
Oklahoma’s workers’ compensation laws exist for two primary reasons:
- To provide workers with financial support when they’re injured on the job
- To protect employers from being sued when a worker is injured on the job
While workers’ compensation can be tremendously beneficial to you if you suffer a brain injury in the workplace, it also means that you are barred in many instances from suing your employer for your injuries.
However, there are certain situations where you may be able to pursue a lawsuit, such as:
- Employer Misconduct: If your injury was the result of gross negligence or an intentional act by your employer, you may have grounds for a lawsuit outside of workers’ comp.
- Third-Party Liability: If someone other than your employer or a coworker (like a subcontractor or property owner) caused your injury, you may be able to pursue a lawsuit against them.
- Product Liability: If a faulty helmet, machine, or safety device contributed to your injury, the manufacturer could be held responsible.
Legal Steps to Take After a Brain Injury at Work in Oklahoma
If you’re injured on the job, be sure to:
- Report the Injury Immediately: Notify your supervisor (preferably in writing) as soon as possible. Delays may harm your claim.
- Seek Medical Attention: No matter how mild your symptoms might appear, get a full evaluation from a doctor experienced with treating head injuries right away.
- Gather Evidence: Take photos of the accident scene, keep copies of medical reports and financial documents, collect witness contact information, and hold on to all communications with your employer.
- Call a Lawyer: An experienced Oklahoma workplace injury lawyer can lead you through the process of filing a workers’ comp claim and help determine if you have any further claims you might want to pursue. Call as soon as you’re able.
Contact Cain Law If You Suffered a Head Injury at Work
A brain injury can change everything in the blink of an eye, but you don’t have to face it alone. Cain Law is a local law firm dedicated to protecting the rights of hardworking Oklahomans who have been injured on the job. We’re ready to fight for the accountability and financial stability you deserve. Contact us for your free consultation today.
