Workers’Compensation for CTE Head Injury

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Workers’Compensation for CTE Head Injury

Santa Ana, California

Brain injuries are some of the most severe injuries anyone can experience, and some people face a significant risk of head injuries in their workplaces. Chronic traumatic encephalopathy (CTE) is a serious medical condition typically caused by repeated blows to the head. An individual might develop CTE in several ways, such as sustaining multiple concussions during their lifetime, participating in professional martial arts competitions, or engaging in contact sports like football and ice hockey. If you or a loved one developed CTE from your work in California, you likely have the right to file a workers’ compensation claim to recover the cost of your medical expenses and any lost income incurred following the injury.

Legal Guidance for CTE Victims Filing Workers’ Compensation Claims

Leviton, Diaz & Ginocchio Inc. is a full-service workers’ compensation law firm providing legal counsel to clients in Santa Ana and surrounding areas. We understand the devastating effects CTE can have on a victim and their family, and we have years of experience guiding our clients through the complex workers’ compensation claim process. Whether you are unsure how to file your claim or need assistance handling unexpected problems with your claim, we can help.

How Do People Develop CTE?

CTE is a complex medical condition that can manifest in many ways. For example, some people develop this condition after sustaining multiple traumatic brain injuries, while others may display symptoms of CTE after just one significant brain injury. Some of the most commonly reported causes of CTE that lead to workers’ compensation claims in California include:

  • Slip and fall injuries in the workplace. Whenever an employee sustains a slip and fall and hits their head, they can suffer a concussion. Over time, they may develop symptoms of CTE, especially if they have a history of multiple concussions.
  • Falling objects. Some industries, such as construction, are inherently hazardous for many reasons. Many construction workers suffer head injuries from objects falling and hitting their heads. Even when appropriate hard hats are worn, victims may suffer concussions and develop symptoms of CTE.
  • Sports injuries. Professional athletes often suffer traumatic brain injuries during practice sessions and official games. CTE was previously known as “punch drunk” syndrome and dementia pugilistica due to the condition’s prevalence among professional boxers. Today, these terms are no longer widely used because so many other athletes are vulnerable to developing CTE.
  • Vehicle accidents. Anyone who drives a vehicle as one of their primary job duties always risks experiencing motor vehicle accidents. Traumatic brain injuries are common in vehicle accidents, and the more accidents a person has, the more likely they would be to develop symptoms of CTE.

These are just a few examples of how a California worker might develop CTE. If you are unsure whether you have grounds to file a workers’ compensation claim for CTE in California, remember that you have the right to claim workers’ compensation benefits for acute injuries as well as cumulative injuries that gradually develop over time due to repeated stress and injuries at work.

How to File a Workers’ Compensation Claim in California

California state law requires all employers to carry workers’ compensation insurance coverage, even if an employer has a single employee. Therefore, when a worker sustains an injury while performing their job duties or discovers a medical condition that developed over time due to their job duties, they have the right to file a claim for workers’ compensation benefits in California. The California Department of Workers’ Compensation (DWC) processes all workers’ compensation claims filed in the state.

When you suffer an injury at work or discover that you have developed CTE from your job, you should notify your employer immediately. Your employer has a legal responsibility to record the incident and provide you with the claim forms and other materials necessary for filing your workers’ compensation claim. If your employer attempts to discourage you from filing for workers’ compensation benefits, denies you access to the materials you require for your claim, or otherwise interferes with your workers’ compensation claim in any way, consult a California workers’ compensation attorney as soon as possible.

Once you file your claim, the California DWC will review it and determine your eligibility for benefits. A large part of your benefits hinges on the disability rating assigned by your workers’ compensation doctor. After a workplace injury, you must visit a doctor approved by your employer’s workers’ compensation insurance carrier. The doctor will review your condition and assign a disability rating based on the severity of your injury and whether you face long-term medical complications. This disability rating determines how much you can receive in benefits and for how long.

How Your California Workers’ Compensation Attorney Can Help

Filing a claim for workers’ compensation benefits is more complicated than many claimants expect. Hiring an experienced California workers’ compensation attorney is one of the best things you can do to make this process easier for you and your family, especially when you are struggling with the debilitating symptoms of CTE. Your legal team can help you complete and submit your claim, obtain any supplemental materials you must submit to the California DWC, and help you address any unexpected complications you might experience with your claim.

Suppose the DWC denies your claim for an administrative reason or their determination of benefits is less than you expected. In that case, your California workers’ compensation lawyer can help you address these issues as well. Additionally, in the event you experience any unlawful retaliation from your employer, a California workers’ compensation attorney will be an essential asset for handling this situation as well.

Each of the attorneys at Leviton, Diaz & Ginocchio Inc. has more than 20 years of experience handling complicated workers’ compensation claims on behalf of our clients throughout the Santa Ana area and surrounding communities of California. We know how devastating a CTE diagnosis can be for anyone and the everyday struggles these individuals face when securing compensation for their damages. If you are ready to discuss your options with an experienced California workers’ compensation attorney, contact Leviton, Diaz & Ginocchio Inc. today to schedule your consultation with our team.

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(714) 835-1404

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