Traumatic brain injury, or TBI, is a serious condition that can affect your physical, cognitive, and emotional health. TBI can occur when your head is hit, bumped, or jolted by an external force, or when an object pierces your skull and damages your brain tissue. According to the Centers for Disease Control and Prevention, about 2.8 million people in the United States suffer from TBI each year. If you recently sustained a TBI in the workplace, you’re most likely wondering whether you qualify for compensation. Please continue reading and reach out to a dedicated Connecticut brain injury lawyer from Casper & de Toledo to learn more.
What are some of the most common causes of TBI in the workplace?
TBI in the workplace can be attributed to a variety of reasons, but some of the most common that we see are as follows:
- Falls from heights, such as ladders, scaffolds, roofs, or stairs
- Slip and fall accidents on wet or slippery surfaces
- Collisions with, or forceful impacts from, objects such as tools, machinery, and vehicles
- Motor vehicle crashes involving cars, trucks, buses, or motorcycles
- Exposure to blasts, explosions, or electrical discharges
If you have sustained a TBI in a workplace accident in Connecticut, you may be wondering if you can file a lawsuit to recover compensation for your medical expenses, lost wages, pain and suffering, and other damages. This depends largely on several factors, including whether your injury technically qualifies as an on-the-job injury, as well as whether any third parties may be at fault for the damages you’ve incurred.
What’s the difference between workers’ compensation and third-party claims in Connecticut?
In Connecticut, workers’ compensation is a no-fault system that provides benefits to employees who are injured on the job. Workers’ compensation covers medical treatment, wage replacement, disability benefits, and death benefits. However, workers’ compensation benefits are limited and do not include compensation for non-economic damages, such as pain and suffering.
In general, if you suffer a brain injury in the workplace, you cannot sue your employer for negligence, even if your employer was partly or wholly responsible for your injury, because workers’ compensation is the exclusive remedy for work-related injuries in Connecticut. There are some narrow exceptions to the workers’ compensation bar.
If your injury was caused by the fault of a third party who is not your employer or a fellow employee, you may be able to file a third-party claim against them. A third-party claim is a civil lawsuit that seeks damages from the person or entity that contributed to your injury. For example, you may have a third-party claim if your injury was caused by:
- Malfunctioning products, such as flawed tools or equipment.
- Negligent motorists whose actions resulted in a collision.
- A property owner who neglected the upkeep of secure premises.
- Subcontractors who violated safety protocols or standards.
- The negligence of a fellow employee operating a motor vehicle capable of and approved for use on a public highway or road (this exception excludes forklift trucks, and heavy equipment like a backhoe or excavator).
A third-party claim can allow you to recover more compensation than workers’ compensation benefits alone, because, in a third-party claim, you can seek damages for medical expenses, lost income, pain and suffering, loss of enjoyment of life, and more. That being said, to win such a claim, you will have to prove that the third party was negligent and that their negligence caused your injury.
If you have any additional questions or believe you have a valid claim, please don’t hesitate to contact Casper & de Toledo today. We are here to fight for you and your recovery, every step of the way.