How Much Compensation Can You Get for a Head Injury at Work in California?

Sustaining a head injury at work can lead to significant physical, emotional, and financial challenges. Compensation for head injuries in California varies widely based on the severity of the injury, with settlements ranging from $20,000 for minor concussions to over $1 million for severe traumatic brain injuries. Factors such as medical expenses, lost wages, and permanent impairments play a crucial role in determining the final settlement amount.

At Scher, Bassett & Hames, we’ve spent decades fighting for injured workers’ rights, helping them secure the compensation they deserve. In this article, we’ll break down the factors that influence head injury settlements, explore common compensation ranges, and provide insights into maximizing your claim.

 

What Factors Affect Head Injury Compensation in California?

Head injury compensation in California depends on factors such as injury severity, medical expenses, lost wages, permanent disability, and pain and suffering.

• Severity of the Injury: Mild concussions result in lower settlements compared to severe traumatic brain injuries.
• Medical Expenses: Treatment costs, including hospital visits, physical therapy, and ongoing care, are critical in calculating compensation.
• Lost Wages: Time missed from work and reduced earning capacity are factored into settlements.
• Permanent Disability: If the injury results in a permanent impairment, additional compensation is awarded.
• Pain and Suffering: Non-economic damages for emotional distress may also be included.

Understanding these factors can help you and your attorney build a strong case for maximum compensation.

 

 

Average Settlement Amounts for Workplace Head Injuries in California

Here’s an overview of typical settlement ranges for head injuries in California:

Severity of Injury	Estimated Settlement Amount	Key Factors
Minor Concussion	$20,000–$50,000	Temporary symptoms, minimal medical costs.
Moderate Head Injury	$50,000–$150,000	Extended recovery, higher medical costs.
Severe Traumatic Brain Injury	$250,000–$1,000,000+	Long-term care, permanent disability.

Each case is unique, so it’s essential to consult with an experienced workers’ compensation attorney to evaluate your claim.

 

What Steps Should You Take After a Workplace Head Injury?

Taking immediate action after a head injury is crucial to protecting your health and your claim:

1. Seek Medical Attention: Get evaluated by a healthcare professional, even for minor symptoms.
2. Report the Injury: Notify your employer as soon as possible to initiate the workers’ compensation process.
3. Document Everything: Keep records of medical visits, injury reports, and correspondence with your employer.
4. Consult an Attorney: An experienced workers’ compensation attorney can guide you through the claims process.

 

What Types of Evidence Strengthen a Head Injury Workers’ Compensation Claim?

Strong evidence is crucial for supporting your workers’ compensation claim and ensuring a fair settlement. Key types of evidence include:

• Medical Records: Detailed documentation of your diagnosis, treatment plans, and prognosis.
• Incident Reports: A written record of the workplace accident submitted to your employer.
• Witness Statements: Testimonies from coworkers or others who witnessed the injury occur.
• Expert Testimony: Evaluations from medical professionals or vocational experts to validate your claims.
• Photographic Evidence: Photos of the accident site, equipment involved, or visible injuries.

Properly gathering and presenting this evidence with the help of an attorney can significantly improve your chances of a successful claim.

 

Can You Claim Additional Benefits for Permanent Disability?

In California, permanent disability benefits are available for head injuries that result in lasting impairments. The amount depends on:

• Degree of Disability: Measured as a percentage based on medical evaluations.
• Age and Occupation: Older workers and those in physically demanding jobs may receive higher benefits.
• Future Medical Needs: Compensation accounts for ongoing treatment or assistive devices.

A skilled attorney can help calculate the full value of your permanent disability benefits.

 

Can You File a Third-Party Lawsuit for a Workplace Head Injury in California?

While workers’ compensation typically limits your ability to sue your employer, you may be able to file a third-party lawsuit if another party’s negligence contributed to your workplace head injury. For example:

• Defective Equipment: If faulty machinery caused the injury, you could pursue a product liability claim against the manufacturer.
• Negligent Contractors: If an independent contractor’s actions led to your injury, you might hold them accountable.
• Motor Vehicle Accidents: If the injury occurred in a car accident while performing work duties, you could file a claim against the at-fault driver.

A third-party lawsuit can provide additional compensation for pain and suffering, which workers’ compensation does not typically cover. Speak with an experienced attorney to explore all your legal options and maximize your recovery.

 

 

How Can Emotional and Psychological Impacts Affect Your Head Injury Claim?

Head injuries often lead to emotional and psychological challenges, including anxiety, depression, and post-traumatic stress disorder (PTSD). These non-physical impacts can significantly affect your quality of life and ability to work. In California, workers’ compensation claims may include benefits for emotional distress when it directly results from a workplace injury.

Documentation from mental health professionals, including therapists or psychologists, strengthens your case. Additionally, severe psychological impacts may qualify you for permanent disability benefits. An experienced attorney can help ensure that these non-economic damages are factored into your claim, maximizing the compensation you receive for your injury.

 

How Long Does It Take to Settle a Workers’ Compensation Claim for a Head Injury?

The timeline for settling a claim varies based on the complexity of the case:

• Simple Cases: Claims involving minor injuries may settle within a few months.
• Complex Cases: Severe injuries requiring extensive documentation can take over a year to resolve.
• Disputes: If your employer or their insurance provider contests the claim, the process may be delayed further.

Patience and proper legal representation are key to achieving a fair settlement.

 

What Are the Long-Term Impacts of Severe Head Injuries?

Severe head injuries can result in long-term consequences, including:

• Cognitive Impairments: Memory loss, difficulty concentrating, or reduced mental capacity.
• Physical Challenges: Limited mobility, chronic pain, or the need for assistive devices.
• Emotional Distress: Anxiety, depression, or post-traumatic stress disorder (PTSD).
• Career Limitations: Difficulty returning to work or pursuing career advancement.

Addressing these impacts in your claim ensures that your compensation reflects the true extent of your losses.

 

Can a Lawyer Maximize Your Head Injury Compensation?

Hiring an experienced attorney is crucial to securing the compensation you deserve. A skilled lawyer can:

• Evaluate the Comprehensive Worth of Your Claim: This includes considering medical expenses, lost income, and compensation for pain and suffering.

• Negotiate with Insurers: Push back against lowball settlement offers.
• Represent You in Hearings: Advocate for your rights in disputes or appeals.

At Scher, Bassett & Hames, we fight tirelessly to protect injured workers in California. Let us handle the legal complexities while you focus on your recovery.

 

Contact Scher, Bassett & Hames Today

If you’ve suffered a head injury at work in California, don’t navigate the workers’ compensation process alone. At Scher, Bassett & Hames, we have decades of experience helping injured workers secure the maximum compensation they deserve. Call us at 408-739-5300 to schedule a free, no-obligation consultation, or visit our website to learn more. Your recovery is our priority.

 

Related Content:

• Understanding Workers’ Compensation Claims
• How to File a Workers’ Compensation Claim in San Jose
• What Benefits Can You Get From Workers’ Compensation in California?
• How Long Does It Take for a Workers Comp Settlement in California?
• How Much Do Workers Comp Lawyers Charge in California?