A traumatic brain injury (TBI) can change your life even when there is no visible wound. After a construction accident, you may experience headaches, memory problems, dizziness, fatigue, or personality changes. Some symptoms appear immediately, while others develop gradually. Because these injuries can affect your health, career, relationships, and independence, careful documentation is essential.
If you suffered a traumatic brain injury on a Los Angeles construction site, the evidence you preserve may influence your ability to pursue the financial support you need. This article from Artemis Law Group walks you through what you need to know.
How TBIs happen on construction sites
Construction workers face numerous situations capable of causing head trauma, including:
- Falls from roofs, scaffolding, or ladders
- Falling tools, materials, or debris
- Crane and heavy-equipment accidents
- Vehicle collisions
- Structural collapses
- Explosions or electrical incidents
- Defective safety equipment
A TBI does not always require a direct blow to the head. A violent jolt can cause the brain to move inside the skull, resulting in a concussion or more severe injury. Below, we describe how to document and recover damages in Los Angeles.
How to document and recover damages in LA
Seek medical care and document your symptoms
Your health comes first. Seek immediate medical attention after any significant impact, even if you initially feel well. Prompt evaluation creates an early medical record connecting your symptoms to the construction accident.
Tell your provider about every symptom, including problems that may seem unrelated. These can include nausea, blurred vision, sensitivity to light, poor concentration, irritability, sleep changes, depression, or difficulty finding words. Continue attending appointments and following treatment recommendations. Gaps in care may allow an insurer to argue that your condition improved or was not serious.
You should also maintain a daily symptom journal. Record your pain, memory difficulties, emotional changes, missed activities, and ways the injury affects work or home life. Family members can note changes they observe in your behavior or abilities.
Preserve evidence from the construction site
Evidence at an active construction site can disappear quickly. Equipment may be repaired, debris removed, and working conditions changed. If you can do so safely, take photographs or videos of:
- The accident area
- Any missing barriers or warning signs
- Scaffolding, ladders, tools, or machinery involved
- Your safety equipment
- Visible injuries and damaged clothing
Write down what happened while the details remain fresh. Obtain the names and contact information of witnesses, and report the accident to your employer promptly. Preserve incident reports, text messages, emails, work assignments, safety records, pay stubs, and communications with insurers.
An attorney may also send preservation notices requesting that potentially important materials, such as surveillance footage, inspection records, equipment data, and training documents, not be destroyed.
Identify every potential source of recovery
If you were an employee injured while performing your job, California workers’ compensation may provide medical care and disability benefits without requiring proof that your employer caused the accident.
However, construction projects frequently involve several separate companies. If someone other than your employer contributed to the accident, you may also have a third-party personal injury claim. Potentially responsible parties may include:
- General contractors or subcontractors
- Property owners
- Equipment manufacturers
- Equipment rental or maintenance companies
- Architects, engineers, or other site professionals
- Negligent drivers
Workers’ compensation and third-party claims involve different rules and available benefits. They must also be coordinated carefully because a workers’ compensation insurer may assert reimbursement rights against part of a third-party recovery.
Document the full value of your damages
A brain injury claim should account for more than your first emergency room bill. Depending on the available claim and supporting evidence, recoverable losses may include:
- Past and future medical treatment
- Neurological care and rehabilitation
- Cognitive, occupational, or speech therapy
- Lost income and reduced earning capacity
- Home care or household assistance
- Physical pain and emotional distress
- Loss of enjoyment of life
- Permanent disability
Medical opinions, employment records, tax documents, expert evaluations, and testimony from people close to you may help demonstrate the injury’s long-term effects.
Protect your future after a construction-site TBI
You should not have to untangle a complex construction accident claim while adjusting to the effects of a brain injury. Artemis Law Group understands both construction law and personal injury on construction sites, allowing our attorneys to investigate project relationships, identify potentially responsible parties, and pursue compensation appropriate to your circumstances.
Contact Artemis Law Group to schedule a consultation with a Los Angeles construction accident attorney and discuss your legal options.