A work-related brain injury in Columbia may leave you struggling with memory loss, confusion, or difficulty doing tasks that once came easily. Instead of time with family, your days may be filled with doctor visits, therapy, and the constant worry of financial instability. South Carolina’s workers’ compensation system is no-fault, which means you may be eligible for benefits regardless of who was at fault. Unfortunately, insurers often dispute or deny brain injury claims, and even when they do approve benefits, the compensation may not reflect the long-term realities of living with such a serious condition.
Trust a workers’ compensation lawyer at Lee Injury Law, LLC. We are prepared to leverage our extensive experience with insurers to push for the full benefits you need. Our team helps victims of workplace accidents prove their cases, negotiate on their behalf, and settle their claims. Available 24/7. Call for a free consultation.
Understanding Brain Injuries in the Workplace
Common workplace brain injuries include concussions, contusions, penetrating brain injuries, and diffuse axonal injuries. They can result from:
- Falls from heights (such as ladders or scaffolds)
- Being struck by tools, parts, or falling objects
- Motor vehicle collisions while working or driving for work
- Explosions, blasts, or heavy machinery accidents
- Slip-and-fall accidents on slick or uneven surfaces
Symptoms include headaches, dizziness, memory lapses, difficulty concentrating, fatigue, light or noise sensitivity, balance problems, and mood changes. Even when imaging like CT or MRI appears normal, these symptoms can reflect serious functional impairment affecting safety and employability.
Workers’ Compensation Benefits for Brain Injuries
South Carolina’s workers’ compensation system is designed to cover:
- Medical Treatment and Hospital Care – including emergency care, neurologists, MRIs, cognitive therapy, speech therapy, and neuropsychological testing..
- Rehabilitation and Supportive Care – including physical and occupational therapy, assistive devices such as wheelchairs or communication aids, and, in severe cases, necessary home or vehicle modifications.
- Wage Replacement – usually two-thirds of your average weekly wage, subject to state caps.
- Long-Term and Permanent Disability Coverage – if your brain injury leaves you with lasting impairments that prevent you from returning to your previous job or, in severe cases, from working at all.
- Vocational Rehabilitation – services to help you return to suitable employment, which may include job retraining, education, or placement assistance.
Some workers choose a lump sum to cover everything at once, while others prefer structured payments over time. The right choice depends on your health, financial needs, and what makes sense for your recovery and future stability. Most importantly, your brain injury settlement in Columbia, SC, should cover not only the expenses you have already incurred but also the medical care and support you will need in the future.
Challenges in Brain Injury Workers’ Comp Claims
There are common hurdles that can delay or limit the benefits you need, including:
Proving the Injury Is Work-Related
One of the first hurdles is proving that your injury is directly tied to your job. Symptoms like cognitive difficulties, headaches, or personality changes may show up slowly, and insurers may argue they are unrelated or pre-existing. That is why clear medical documentation is crucial and why your claim must be handled carefully from the very beginning to protect your rights.
Insurance Company Pushback
Insurance carriers are incentivized to minimize payouts, often employing tactics that can frustrate injured workers. This might include scheduling evaluations with doctors who downplay your symptoms, questioning the severity of your condition, or citing unrelated medical history. It can feel like you are constantly defending yourself, even when the injury was clearly work-related.
The Cost of Ongoing Medical Care
Brain injuries frequently require extended therapy, follow-up appointments, and sometimes specialized equipment. This is especially true in traumatic brain injury workers’ comp cases, where recovery needs are often long-term and unpredictable.
Workers’ compensation is meant to cover all medically necessary treatment, but insurers don’t automatically approve future care. Without clear documentation and strong legal advocacy, you could be uncertain whether essential treatments or therapies will be covered.
How A Workers’ Compensation Lawyer Can Help
Brain injury workers’ compensation claims are rarely simple. They require specialized legal knowledge, familiarity with complex medical issues, and assertive advocacy to ensure you receive the benefits and protections you are entitled to.
A workers’ compensation lawyer can:
- Handle communications and deadlines with the insurer so you can focus on recovery.
- Challenge company doctors’ opinions that minimize the severity of your injury.
- Seek the full range of benefits available, including permanent disability and vocational rehabilitation.
- Negotiate settlements that reflect short-term medical bills and the lasting impact on your ability to earn a living.
At Lee Injury Law, LLC, we handle workers’ compensation cases throughout South Carolina, providing the guidance and representation injured workers need to protect their rights and secure their future.
Schedule a Free Consultation with Lee Injury Law, LLC
Brain injuries can upend your life and make everyday stability feel out of reach. If your brain injury happened while on the job, you may qualify for workers’ comp benefits to help manage the ongoing challenges of recovery.
At Lee Injury Law, LLC, we stand with injured workers in Columbia and across South Carolina, from construction crews, factory and warehouse employees, healthcare workers, office staff, teachers, truck and delivery drivers, first responders, and more. If a brain injury has left you or a loved one unable to work, we are here to fight for the benefits you need to move forward.
Schedule a free consultation today. We offer support wherever and whenever you need it. No fee unless we win.
Frequently Asked Questions About Brain Injury and Workers’ Comp
How much is my brain injury workers’ comp case worth?
The value depends on your wages, medical costs, the severity of your injury, and whether you have permanent impairments. Every case is unique, so it’s important to have a lawyer review the specifics.
How long will benefits last?
Temporary disability benefits continue until you reach maximum medical improvement (MMI). If you have a permanent impairment, you may be eligible for ongoing payments or a lump-sum settlement, depending on the circumstances of your case.
Can I get both workers’ comp and Social Security Disability?
Yes, it is possible to receive both workers’ compensation and Social Security Disability (SSDI) benefits. However, federal law limits the combined amount you can receive. Typically, your SSDI benefits will be reduced so that your total workers’ comp and SSDI payments do not exceed 80% of your average pre-disability earnings.
