I attended a seminar given by Richmond, Virginia's number one brain doctor. He explained traumatic brain injury (TBI) to the Virginia Trial Lawyers Association. It was noteworthy that he said 95% of people with a TBI recover without any permanent difficulties. I guess this is why a football player can have his "bell rung" and go right back to playing. However, nowadays the player is held out of playing for 4-5 days until all his symptoms have cleared. That was not the case when little was known about brain injuries.
But what about the worker who suffers a concussion on the job?
In Virginia the insurance companies are quick to accept a head injury but they are reluctant to accept a brain injury or TBI. One reason is that a TBI makes the injured worker eligible for lifetime compensation. About 99% of Virginia Workers' Compensation Injury Victims cannot receive wage compensation after 500 weeks. One exception to this is a TBI.
An injured worker with a TBI if still disabled for work after 500 weeks from his date of injury can apply for lifetime wage replacement. So if you are a worker who is one of the unfortunate TBI sufferers who did recover from his/her TBI you should know this option.
A second reason insurers don't want to agree to an award for a TBI is that means they will owe lifetime medical coverage for a "brain" injury.
So, what can an injured worker do if he or she has a TBI that does not heal within 90 days? He or she should consult a Virginia Workers' Compensation lawyer as soon as possible.
For more information about Virginia workers' compensation call Jerry Lutkenhaus at (804) 358-4766 or 1(800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.