Miami Personal Injury Lawyer Blog
Workplace accidents can lead to a wide range of medical conditions, but one of the most severe is trauma to the head. The US Bureau of Labor Statistics (BLS) reports that, every year, there are more than 68,000 total reportable cases of occupational head injuries and illnesses involving days away from work. Besides losing wages due to an inability to work, medical bills for treating traumatic brain injury (TBI), concussion, and other head trauma can skyrocket.
Florida’s workers’ compensation system protects injured employees, so you may seek benefits if you suffered head trauma. Your Miami workplace injury attorney can provide details, and it’s helpful to review some background on compensation for a traumatic brain injury at work.
Average Settlement for a Work-Related TBI in Florida
Compensation for a head injury in a workplace accident depends on various factors. However, on average, settlements for these claims range from $10,000 to several hundred thousand dollars. Mild concussions may result in smaller settlements, while severe brain injuries, particularly those leading to permanent disabilities, tend to result in much higher payouts.
What Affects Compensation for a Workplace Brain Injury?
The amount for a TBI settlement in Miami can be influenced by several factors, but the severity of the injury is crucial. Mild injuries usually result in lower settlements, while moderate and severe brain injuries often lead to larger compensation amounts.
Other key factors include:
- The duration of time off work
- Whether the worker can return to their pre-injury employment
- The impact on the worker’s life
- The extent of long-term effects
- The worker’s overall health
How Workers’ Compensation Covers TBIs
Florida’s workers’ compensation system provides benefits to employees who suffer traumatic brain injuries on the job. It covers:
- Medical expenses
- Lost wages
- Vocational rehabilitation
- Future care needs
These benefits, while crucial, may not fully compensate for the personal impact of a serious brain injury. Unfortunately, workers’ comp does not typically provide compensation for pain and suffering, emotional distress, or long-term lifestyle changes.
Can You File a Lawsuit for a Workplace Brain Injury in Florida?
In Florida, injured workers generally file a workers’ compensation claim for injuries sustained at work. This is the sole remedy in most cases. In the presence of gross negligence or third-party involvement, a lawsuit may be an option.
For instance, if a third-party contractor’s actions directly caused the brain injury, the injured worker could pursue a lawsuit in addition to their workers’ compensation claim. It’s essential for workers in Miami to understand their rights and whether a lawsuit could result in additional compensation.
Speak to Our Miami Workplace Injury Lawyers About Your Options
If you’ve suffered a traumatic brain injury at work, it’s crucial to seek legal help as soon as possible. A skilled attorney can guide you through the complexities of your case, ensuring you receive fair compensation. At Gerson & Schwartz, PA, our experienced team is here to provide the support you need. Visit us online or call (305) 371-6000 to schedule your free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach today.
