WORKERS’ COMPENSATION

Coachella Valley Brain Injury Lawyer

With more than 30 years of experience, our accomplished attorneys are here to guide you through these difficult times and get the compensation you deserve.

Trusted Brain Injury Attorney in Coachella Valley

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A brain injury can be one of the most severe types of injuries you can face. Many victims are left facing months or even years of medical treatment and rehabilitation, and have permanent mental and physical effects due to the injury. If you have a work-related brain injury, a Coachella Valley brain injury lawyer from English Lloyd & Armenta can pursue the compensation you deserve.

Coachella Valley Workers’ Compensation

Why Choose English Lloyd & Armenta

With over 30 years of legal experience, the skilled attorneys at English Lloyd & Armenta have helped countless workers recover after a brain injury. We understand how stressful and confusing it can be to try to navigate the workers’ compensation system, especially when you are still recovering from your injury. We can guide you through the process of filing a claim and identify strategies that offer you the greatest chance at a full recovery.

Some examples of the settlements and verdicts we have achieved for California workers include:

  • $2,500,000.00 through workers’ compensation for an employee of Kroger Food 4 Less
  • $1,000,000.00 through workers’ compensation for an employee who suffered a low back injury
  • $775,000.00 through workers’ compensation for a back injury

Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

An Overview of Traumatic Brain Injuries

A traumatic brain injury (TBI) is one of the most common types of brain injuries that employees suffer. This type of injury happens when an external force, such as being struck by or against another object, causes damage to the brain. The two main types of TBIs include:

  • Penetrative TBIs. This type of TBI involves an object penetrating the skull into the brain. This can cause significant damage to the brain tissue, but also results in a skull fracture.
  • Non-penetrative TBIs. This type of TBI involves a forceful hit or movement that does not involve penetrating the skull. Instead, the brain is damaged because it is forced against the inside of the skull.

Traumatic brain injuries are some of the most common injuries and can range from mild concussions to severe brain damage. In 2023, TBIs resulted in 68,663 deaths. Annually, there are about 2.9 million TBI-related visits to emergency departments in the United States. In Coachella Valley, many TBIs are treated at the Eisenhower Medical Center at 39000 Bob Hope Drive, Rancho Mirage, or the Desert Regional Medical Center in Palm Springs.

The Long-Term Effects of a Traumatic Brain Injury on Your Life

Many TBIs result in severe long-term effects. Even a concussion that initially appears mild can develop into lasting neurological complications, making it important to receive medical treatment quickly if you have suffered a head injury. The long-term effects vary depending on the severity of the injury, but they may include:

  • Headaches
  • Memory loss
  • Difficulty concentrating
  • Vision problems
  • Speech impairment
  • Personality changes
  • Psychological disorders such as depression or anxiety
  • Difficulty balancing
  • Permanent physical disability

When pursuing compensation for your damages, it is important to not only consider the immediate costs of the injury, but the long-term effects it can have on your ability to work, perform everyday activities, and maintain your social relationships.

Many people have a difficult time returning to their normal life after a traumatic brain injury due to being left with a permanent disability. You should consider the long-term impact of an injury before accepting a settlement or verdict.

How Brain Injuries Can Happen

There are near-infinite types of accidents that can result in a brain injury. For workers, some of the most common types of accidents that result in these injuries include:

  • Motor vehicle accidents. In Riverside County in 2023, there were 15,177 traffic accident victims who were injured or killed. Whether you are a delivery driver, truck driver, construction worker, or otherwise drive as part of your job, you are at a higher risk of being involved in these crashes. However, it is also possible to be injured by a reckless driver on your jobsite or while carrying out your job duties.
  • Slips and falls. Slips and falls often result in brain injuries because your head can strike the ground, hard surfaces, or heavy equipment, which can cause a TBI. Slip and fall accidents often occur due to wet floors, uneven sidewalks, poorly maintained stairways, or debris in the walkway.
  • Construction site accidents. Construction is an example of an industry that involves many hazards that increase the risk of a brain injury. Brain injuries can happen due to many construction accidents, including scaffolding collapses, falls from ladders or roofs, falling building materials, or accidents involving heavy equipment and vehicles.
  • Machinery accidents. Industrial equipment is extremely dangerous, whether you work with agricultural machinery, packaging equipment, manufacturing equipment, or other types.
  • Struck by moving objects. Another way brain injuries can happen at work is if you are struck by falling or moving objects. Struck-by accidents can be extremely dangerous and have the potential to cause both penetrating and non-penetrating brain injuries. Common examples of moving objects that may cause these injuries include falling tools, construction materials, or warehouse inventory.

What Is Workers’ Compensation in California?

California’s workers’ compensation system is designed to provide financial and medical benefits to employees who are suffering from a work-related injury or illness. Importantly, these benefits can be available regardless of who was at fault for an accident. Because you do not have to prove that your employer or another party acted negligently, workers’ compensation often offers a quicker path to compensation.

California’s brain injury laws allow almost all employees to file for workers’ compensation benefits. However, this does not mean that fair compensation is guaranteed or that it is easy to file a claim. Insurance companies often work aggressively to deny claims or minimize payouts.

If you hire a brain injury lawyer, they can help you build a strong workers’ compensation claim that incorporates evidence of your damages from the accident scene. Then, a lawyer can negotiate with insurance companies to reach a fair outcome. A lawyer’s guidance can help you avoid accepting a settlement that doesn’t cover all your damages and leaves you without alternative options for compensation.

Workers’ Compensation Benefits That May Be Available

California workers’ compensation mainly provides benefits to cover medical treatment and wage replacement. The amount of compensation you receive largely depends on the medical costs associated with your injury and how much the injury interferes with your ability to work.

Medical treatment is an extremely important form of damages for injury victims to recover. The cost of medical care can rise quickly, especially if you require surgery or ongoing care. Workers’ compensation can cover the cost of emergency treatment, hospitalization, surgery, rehabilitative therapies, medications, and other necessary treatment costs. However, your employer may have the right to choose your physician.

Disability benefits involve replacing lost wages. The three main types of benefits you may be eligible for include:

  • Temporary disability benefits. Temporary disability benefits can help you replace a portion of your lost income if your brain injury prevents you from working while you recover.
  • Permanent disability benefits. Many brain injuries result in permanent disabilities. Permanent disability benefits may be available if you are permanently no longer able to work due to the lasting disability associated with your brain injury.
  • Supplemental job displacement benefits. If you are permanently disabled and cannot work in your previous occupation, but are still able to work, then you may get supplemental job displacement benefits. These benefits can help cover the cost of education or training to help you find a new job.

When a Personal Injury Claim Is the Right Option

While workers’ compensation provides valuable benefits, there are situations where it does not allow injured employees to recover the full amount of compensation they need. In this situation, you should speak with a Coachella Valley brain injury attorney about your legal options. In many situations, you may be able to file a personal injury claim against the party responsible for your injuries.

A personal injury claim is a claim directly against the party whose reckless or negligent actions resulted in your injury. The at-fault party may be your employer or another party, such as a machinery manufacturer or negligent driver.

Succeeding in a personal injury claim is more complex compared to a workers’ compensation claim because you must be able to prove that the other party was acting negligently, maliciously, or recklessly, and that these actions directly led to the accident. It is important to work with a lawyer who can gather evidence to prove liability, such as:

  • Photos and videos of the accident scene
  • Surveillance camera footage
  • Witness statements
  • The testimony of professionals, such as accident reconstructionists or medical professionals
  • Incident reports
  • Police reports

Types of Damages You Can Recover in a Personal Injury Claim

California’s brain injury laws protect your ability to pursue compensation for any actual, measurable losses you have suffered due to another party’s negligence. The specific damages you can claim in a personal injury case depend on your personal experience and recovery, but may include:

  • Medical expenses. Similar to a workers’ compensation claim, a brain injury claim against the at-fault party can help you recover the cost of medical care. However, unlike a workers’ compensation claim, your employer is not able to choose your doctor.
  • Lost wages. Compensation can cover lost income during your recovery. It can also cover reduced earning capacity and future lost earnings.
  • Physical pain and suffering. Unlike a workers’ compensation claim, you can recover non-economic damages such as pain and suffering. While this can be difficult to quantify, your lawyer can help you prove these damages using medical records, pain logs and journals, and witness statements.
  • Property damage. If your vehicle, bicycle, clothing, personal electronics, or other personal property was damaged during the accident, a personal injury claim allows you to recover repair or replacement costs.
  • Emotional distress. Brain injuries can be extremely emotionally challenging to recover from, both due to the trauma of the accident and potentially the psychological effect of your TBI. The mental and emotional impact of the accident is taken into account when calculating compensation.

Why You Should Hire a Brain Injury Lawyer

Brain injury cases are extremely medically and legally complicated. Trying to navigate a case without legal guidance can leave you feeling confused, scared, or stressed. Furthermore, it can increase your risk of making mistakes that may make it more difficult to recover fair compensation. An experienced Coachella Valley brain injury lawyer can help you by:

  • Conducting a thorough investigation of the accident
  • Communicating with your employer, insurance companies, and other parties on your behalf
  • Determining whether any party can be held liable for your damages
  • Explaining whether to file a workers’ compensation claim, personal injury claim, or both
  • Making sure you meet all legal and administrative requirements and deadlines
  • Calculating the financial value of your claim
  • Negotiating with insurance companies for a fair settlement
  • Representing you at hearings and trial, if necessary

When choosing a lawyer, it is a good idea to pick a team with experience helping California workers. At English Lloyd & Armenta, we have experience in both personal injury and workers’ compensation claims. This allows us to understand how these claims can intersect with one another, and we can make sure that every available avenue for compensation is explored.

Reach Out to a Skilled Coachella Valley Brain Injury Lawyer Today

A traumatic brain injury can affect your physical and mental health, your career, your relationships, and your financial future. Whether your injury occurred on a construction site, while driving for work, at a store or restaurant, or because of another preventable accident, you should not have to navigate the legal process alone.

At English Lloyd & Armenta, we are committed to helping injured workers throughout the Coachella Valley pursue the benefits and compensation they deserve. We can investigate your accident, evaluate your legal options, and help you file a claim that pushes for a fair recovery.

If you or a loved one is suffering from a brain injury in Coachella Valley, contact English Lloyd & Armenta today to speak with a Coachella Valley brain injury attorney about your case.

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