An incident which results in an injury to the brain can be a traumatic and terrifying experience, potentially causing severe and permanent damage. If you or a loved one suffered this kind of injury at work or due to a third party’s negligence, you may be able to seek compensation for your traumatic brain injury through a Boston workers’ compensation claim or civil lawsuit, respectively.
After a serious accident, you may be overwhelmed and unsure of how to proceed. No one should have to navigate the legal system alone to receive aid, and a caring workers’ compensation attorney could work to establish the facts surrounding your injury and build a strong case for compensation.
Who Could File a Claim in Boston?
A brain injury could result from an intentional act, an unavoidable accident, or a preventable act of negligence. For example, if a person commits an assault that results in a brain injury, he or she could be held both criminally and civilly liable. However, if such an injury happens during the course of employment, your best option for recovering monetary damages is almost always a workers’ compensation claim.
While a successful lawsuit requires the claimant to prove someone else’s negligence, the workers’ comp system applicable to Boston operates under a “no-fault” approach. This means that as an injured worker, you do not need to prove negligence in order to successfully file a claim. A knowledgeable lawyer could help you understand your rights and pursue the appropriate course of action for your unique circumstances.
Seeking Damage Recovery in Traumatic Brain Injury Cases
Any head trauma, even that resulting from a seemingly minor incident, could cause permanent injury as the result of swelling, bruising, or a loss of blood flow to a portion of the brain. As such, these injuries could result in some in uniquely complex and life-altering consequences in worst-case scenarios.
Due to this, the demands for compensation in these cases usually take many factors into account. Naturally, a Boston workers’ compensation claim regarding a traumatic brain injury should ask for compensation to pay for medical costs, including past costs up to the current date as well as an estimate of future costs for continuing medical treatment. Additionally, a claim may request payments for any time missed at work due to an injury, as well as payment for any loss of permanent work ability.
The Statute of Limitations for a Claim
Pursuant to Massachusetts General Laws Chapter 152 §41, a claimant looking to seek aid through workers’ compensation has a four-year time limit from the date of the incident which led to his or her injury to file a claim. Known as the statute of limitations, this timeframe could be crucial in determining whether a TBI claim in Boston will be successful. For a personal injury lawsuit, however, the statute of limitations is decreased to three years from the date of the incident, as outlined in Massachusetts General Law Ch. 260.
Talk to an Attorney About TBI Workers’ Compensation Claims in Boston
Traumatic brain injuries present victims and their families with a vast range of challenges. While trying to recover from trauma, though, you should not have to worry about your day-to-day financial security. If you were injured at work, you could benefit from speaking with a lawyer about traumatic brain injuries and Boston workers’ compensation claims.
If retained, a tenacious attorney could work diligently to understand your unique circumstances, gather the evidence needed to make a strong claim, and represent your interests during negotiations. To start building a claim, call today.