Understanding Your Rights and Compensation after a Traumatic Brain Injury (TBI)
Traumatic brain injuries (TBIs) can profoundly disrupt the professional lives of those who sustain them. This blog explores how a TBI can affect your employment and earning capacity and how legal protections and compensation can assist you during recovery.
Legal Protections During Recovery
Federal and State Leave Laws: Both federal and state laws provide for leave during recovery from a TBI. The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for serious health conditions, including TBIs.
Disability Insurance: Your employer may offer short-term and long-term disability insurance, which can provide financial support if you are unable to work due to your injury.
Anti-Discrimination Laws: The Americans with Disabilities Act (ADA) and other laws prohibit discrimination based on disability and require employers to provide reasonable accommodations to help you return to work. These laws are more effective in protecting individuals who already have a job, rather than those seeking new employment.
Compensation for Employment Impact
Lost Wages and Earning Capacity: In personal injury claims, the law provides for compensation not only for lost wages but also for loss of earning capacity. If your abilities are diminished or your productivity is compromised due to a TBI, these losses can be quantified and compensated.
Immediate Impact of a TBI on Employment
Immediately after sustaining a TBI, you might experience symptoms such as confusion, memory loss and difficulty concentrating, making it challenging to perform even simple tasks at work. For jobs involving machinery or driving, cognitive impairments can pose serious safety risks, often necessitating time off and leading to temporary loss of income and potential jeopardy of employment status.
Long-Term Effects on Employment Prospects
The long-term effects of a TBI can be even more profound. Permanent cognitive deficits may hinder your ability to learn new skills or adapt to changing job requirements, particularly in fields requiring continuous education and training. This can limit career advancement opportunities and reduce job security, as employers may be hesitant to promote or retain employees who cannot perform at their previous levels.
Future Earning Potential
A TBI can significantly impact future earning potential. Even if you retain your job, you may not be able to work as many hours or handle the same level of responsibility, leading to reduced earnings over time. Switching to a less demanding job due to your injury might also result in a lower salary, cumulatively reducing lifetime earnings. In some cases, TBI victims may need to seek disability benefits, which typically provide only a fraction of their previous income.
How a Lawyer Can Help
If you or a loved one has sustained a TBI due to another party’s negligence, a lawyer can help you recover compensation for past and future wages, medical bills, and more. At Casper & de Toledo, we have decades of experience representing TBI victims and are ready to effectively represent you. Contact us today to schedule your free initial consultation. By understanding your rights and the available legal protections, you can better navigate the challenges of returning to work and securing the compensation you deserve after a traumatic brain injury.
