While most employers aim to provide safe work environments, workplace accidents that cause people to pass out are not uncommon. A sudden loss of consciousness caused by a blow to the head or other trauma can cause significant impairments that inhibit the ability to earn an income. As such, employees who suffer lost consciousness injuries at work are sometimes able to recover workers’ compensation benefits. If you were involved in an accident at work that caused you to lose consciousness, you should probably consult an attorney regarding your rights. Joseph Richards of Law Office of Joseph Richards, P.C. is a skilled Orange County workers’ compensation attorney with the knowledge and experience needed to obtain successful outcomes and works tirelessly on behalf of his clients. Our main office is in Orange County, and we have a second office in Riverside County. We routinely represent employees in workers’ compensation cases throughout Southern California.
Compensable Lost Consciousness InjuriesA variety of incidents can cause an employee to suffer a loss of consciousness, but some are more common than others. For example, workers who sustain blows to the head due to car accidents, falling objects, or falls are likely to black out. Accidents that cause a loss of consciousness can lead to concussions, brain hemorrhages, and neurological damage. People may also lose consciousness for other reasons, such as exhaustion or overheating, and may sustain injuries when they pass out. In many instances, lost consciousness injuries have long-term effects, such as memory loss, mood changes, and cognitive decline.
In California, the law requires that employers provide eligible employees with workers’ compensation benefits. Benefits are only granted in cases in which there is an employee-employer relationship between the parties. In other words, independent contractors are not eligible for workers’ compensation benefits. The harm suffered must be work-related as well. In other words, it must occur during the course of employment and must arise out of the performance of job duties. Depending on the nature of the incident that caused a worker to lose consciousness, an employer may dispute that the harm suffered is work-related, thus avoiding paying benefits to an otherwise-entitled employee.
Benefits Recoverable for Lost Consciousness InjuriesWorkers who suffer lost consciousness injuries may be able to recover medical and disability loss benefits. Medical benefits cover the cost of any necessary medical care, including prescriptions and the expenses incurred traveling to and from such appointments.
Workers’ Compensation disability benefits are designed to compensate injured employees for the wages lost due to work injury. An employee that is unable to complete his or her job duties may be granted temporary disability benefits, which are paid at a rate of two-thirds of the workers’ average weekly wage prior to the accident, subject to statutory limitations. Temporary disability benefits may generally be paid for up to 104 weeks from the date of the injury.
Employees who are deemed permanently disabled may be granted permanent partial or total disability benefits. A permanent disability may be deemed partial or total disability. In cases involving permanent partial disabilities, the amount of benefits granted will depend on the worker’s whole person impairment and resultant permanent disability rating, which is the percentage to which he or she is deemed disabled according to a variety of factors. In matters in which an employee is deemed permanently totally disabled, benefits are paid at the same rate as temporary disability benefits.
Meet with a Trusted Orange County LawyerPeople hurt after fainting or being knocked out at work often suffer significant injuries and may be eligible for workers’ compensation benefits. If you suffered a lost consciousness injury at work you should probably meet with an attorney about your options. Joseph Richards of Law Office of Joseph Richards, P.C. is a trusted attorney, and he may be able to help injured workers strive to recover the maximum benefits available. We have offices in Orange and Riverside, and we help injured employees in workers’ compensation insurance matters in Santa Ana, Costa Mesa, Anaheim, San Bernardino, Irvine, Moreno Valley, El Centro, Corona, Temecula, Long Beach, Fontana, Rancho Cucamonga, and San Diego. We regularly aid injured workers in additional cities in Orange County as well as Riverside, Los Angeles, Imperial, San Bernardino, and San Diego Counties. You can contact the office at (888) 883-6588 or through our online form to schedule a consultation.
Traumatic Brain Injury (TBI)