Traumatic Brain Injury (TBI) Workers’ Compensation Lawyer in North Carolina

A traumatic brain injury, commonly called a TBI, can change a person's life in an instant. A fall, vehicle accident, falling object, or other workplace incident can cause damage to the brain that affects memory, concentration, movement, emotional health, and the ability to work.

Some traumatic brain injuries cause immediate and severe symptoms. Others may initially appear minor, with complications becoming more noticeable over time.

At Parker & Frey, our experienced workers’ compensation attorneys help injured workers in Dunn, Fayetteville, Harnett County, Cumberland County, Johnston County, Sampson County, and throughout North Carolina understand their legal rights after a serious workplace injury.

If you or someone you love has experienced a traumatic brain injury at work, understanding your medical and financial benefits can be an important part of protecting your future.

What Is a Traumatic Brain Injury?

A traumatic brain injury occurs when an external force disrupts normal brain function. This may happen when a person strikes their head, an object strikes the head, or the head experiences a sudden acceleration or deceleration.

Traumatic brain injuries can range from mild concussions to severe injuries resulting in permanent disability.

Common types of traumatic brain injuries include:

• Concussions: Brain injuries caused by a blow, jolt, or sudden movement of the head or body.

• Contusions: Bruising of brain tissue that may occur after a significant impact.

• Diffuse Axonal Injuries: Damage involving nerve fibers caused by rapid movement or rotation of the brain.

• Penetrating Brain Injuries: Injuries caused when an object penetrates the skull and damages brain tissue.

• Traumatic Intracranial Hemorrhage: Bleeding within the skull that may require emergency medical treatment.

Even a mild traumatic brain injury can cause symptoms that interfere with a worker's ability to perform job responsibilities safely.

What Workplace Accidents Can Cause a Traumatic Brain Injury?

Traumatic brain injuries can occur in nearly any industry. Workers in construction, manufacturing, transportation, agriculture, warehousing, and other physically demanding occupations may face particular risks.

Common workplace accidents that can result in a TBI include:

• Falls: Falling from ladders, scaffolding, roofs, platforms, or slippery surfaces.

• Falling Objects: Being struck by tools, equipment, building materials, or merchandise.

• Vehicle Accidents: Collisions involving delivery trucks, commercial vehicles, forklifts, or other equipment.

• Machinery Accidents: Being struck by moving equipment or caught in industrial machinery.

• Workplace Violence: Assaults or other violent incidents involving blows to the head.

• Explosions: Blast forces and flying debris that can cause serious head injuries.

• Slip and Fall Accidents: Falls on wet floors, uneven surfaces, stairs, or walkways.

In communities throughout Harnett County, Cumberland County, Johnston County, and Sampson County, employees work in industries where heavy machinery, commercial vehicles, and physical labor are part of everyday operations.

Understanding how an accident occurred can be important when documenting a workplace injury and pursuing workers’ compensation benefits.

What Are the Symptoms of a Traumatic Brain Injury?

Symptoms of a traumatic brain injury vary depending on the severity and location of the injury.

Some symptoms appear immediately, while others may develop or become more noticeable in the days following an accident.

Physical Symptoms of a TBI

• Headaches

• Dizziness or balance problems

• Nausea or vomiting

• Blurred vision

• Sensitivity to light or noise

• Fatigue

• Difficulty sleeping

• Problems with coordination

Cognitive and Emotional Symptoms of a TBI

• Memory loss

• Difficulty concentrating

• Confusion

• Slower thinking or processing information

• Mood changes

• Irritability

• Anxiety or depression

• Difficulty making decisions

Workers who experience these symptoms after a workplace accident should seek medical evaluation.

Emergency warning signs: A worsening headache, repeated vomiting, seizures, increasing confusion, weakness, or difficulty waking after a head injury may indicate a medical emergency and require immediate medical attention.

Can You Receive Workers’ Compensation for a Traumatic Brain Injury in North Carolina?

A traumatic brain injury sustained in a compensable workplace accident may qualify for benefits under North Carolina workers’ compensation law.

North Carolina workers’ compensation generally provides benefits for covered employees who suffer injuries arising out of and in the course of employment, subject to applicable legal requirements.

Depending on the circumstances, benefits may include:

Medical Treatment

Workers’ compensation may cover reasonably necessary medical treatment related to a compensable traumatic brain injury, including:

• Emergency medical care

• Hospitalization

• Neurological evaluations

• Diagnostic testing, including CT scans and MRIs

• Medications

• Physical therapy

• Occupational therapy

• Speech and cognitive rehabilitation

• Specialist consultations

• Other authorized rehabilitation services

Temporary Disability Benefits

A worker who cannot return to employment because of a compensable traumatic brain injury may qualify for temporary disability benefits.

These benefits may provide partial wage replacement while the worker is medically unable to perform their regular job duties.

Permanent Disability Benefits

Some traumatic brain injuries cause lasting limitations that prevent an individual from returning to previous employment or significantly affect their earning capacity.

Depending on the medical evidence and applicable law, workers may qualify for permanent disability benefits.

North Carolina law also contains specific provisions addressing certain severe brain injuries. The benefits available depend on the nature and severity of the injury and the legal requirements of the claim.

Vocational Rehabilitation

When a worker cannot return to their previous occupation, vocational rehabilitation may be available in appropriate cases to help evaluate employment options, retraining, or other work opportunities.

How Can a Traumatic Brain Injury Affect Your Ability to Work?

Not all limitations resulting from a traumatic brain injury are immediately visible.

A worker may appear physically recovered while continuing to experience memory difficulties, fatigue, reduced concentration, or problems managing complex tasks.

For example, an employee who operates heavy machinery may no longer be able to perform the job safely because of dizziness or slower reaction times.

An office employee may struggle with reading, remembering instructions, multitasking, or maintaining concentration throughout the workday.

Some workers may return to employment with restrictions. Others may require significant rehabilitation or may be unable to return to their previous occupation.

Medical evaluations, work restrictions, and documentation of ongoing symptoms can play an important role in determining appropriate benefits.

Can a Traumatic Brain Injury Cause PTSD or Other Mental Health Conditions?

Yes. A serious workplace accident and traumatic brain injury can have both physical and psychological consequences.

Some individuals experience depression, anxiety, post traumatic stress disorder (PTSD), or other emotional and behavioral changes following a traumatic event.

A traumatic brain injury can also directly affect brain function in ways that influence mood, emotional regulation, and behavior.

These conditions may require additional medical evaluation and treatment.

When psychological symptoms develop following a workplace injury, it is important to document them and determine whether they are related to the compensable accident or injury.

What Should You Do After Suffering a Head Injury at Work?

If you suffer a head injury at work, taking appropriate steps can help protect your health and your ability to pursue workers’ compensation benefits.

1. Seek medical attention immediately. Head injuries can be serious even when symptoms initially appear mild.

2. Report the accident to your employer. North Carolina generally requires written notice of a workplace injury within 30 days, although certain exceptions may apply.

3. Document the incident. Record when and where the accident happened, what caused the injury, and whether anyone witnessed it.

4. Follow medical recommendations. Attend appointments, follow treatment instructions, and discuss symptoms with your medical providers.

5. Keep records of ongoing symptoms. Document headaches, memory problems, dizziness, fatigue, and other difficulties that affect daily activities or employment.

6. Understand your legal options. A workers’ compensation lawyer can help explain the claims process, available benefits, and options when a claim is disputed.

Can You Receive Social Security Disability Benefits for a Traumatic Brain Injury?

A severe traumatic brain injury may affect an individual's ability to work for an extended period.

In some circumstances, a person with significant neurological, cognitive, or physical limitations may qualify for Social Security Disability benefits.

Eligibility depends on the applicable federal requirements, including medical evidence, functional limitations, and the expected duration of the disability.

Workers’ compensation and Social Security Disability are separate programs. Receiving benefits under one program may affect payments under the other.

Because Parker & Frey handles both workers’ compensation and Social Security Disability claims, our attorneys can help clients understand potential sources of financial support when a serious injury prevents them from working.

Traumatic Brain Injury Lawyers Serving Dunn, Fayetteville, and Surrounding North Carolina Communities

Since 1986, Parker & Frey PLLC has provided compassionate client service combined with aggressive legal representation for injured and disabled individuals throughout North Carolina.

From our office in Dunn, we represent workers in Harnett County and surrounding communities, including Fayetteville, Lillington, Erwin, Benson, Smithfield, Clinton, and other areas of Cumberland, Johnston, and Sampson counties.

Our attorneys understand that a traumatic brain injury can affect far more than a person's immediate medical needs. It can also create uncertainty about employment, income, ongoing treatment, and the ability to support loved ones.

We take the time to understand how an injury has affected your life and work to help you pursue the benefits to which you may be entitled under the law.

Contact Parker & Frey today to schedule a consultation about your traumatic brain injury workers’ compensation claim.

Attorneys With The Experience To Level The Playing Field.

Frequently Asked Questions About Traumatic Brain Injuries and Workers’ Compensation

Is a concussion considered a traumatic brain injury?

Yes. A concussion is a type of traumatic brain injury. Although many people recover from concussions, some experience symptoms that last for weeks, months, or longer. A workplace concussion may qualify for workers’ compensation when the applicable legal requirements are met.

How much workers’ compensation can I receive for a traumatic brain injury in North Carolina?

The amount depends on several factors, including the worker's average weekly wage, the severity of the injury, ability to return to work, medical needs, and applicable disability benefit provisions. There is no single compensation amount for every traumatic brain injury claim.

Can I receive workers’ compensation if my TBI symptoms appear days after the accident?

Potentially. Some traumatic brain injury symptoms may not become noticeable immediately. Prompt medical evaluation, reporting, and documentation can help establish the relationship between the workplace accident and the injury.

What happens if I cannot return to work after a traumatic brain injury?

Depending on the circumstances, you may qualify for temporary or permanent disability benefits, medical treatment, or vocational rehabilitation through workers’ compensation. Severe long term limitations may also warrant evaluation for Social Security Disability benefits.

Can my employer deny a workers’ compensation claim for a head injury?

An employer or insurance carrier may dispute a claim based on the circumstances of the accident, medical evidence, or other legal issues. A denial does not necessarily end the claims process. Injured workers may have options for challenging a disputed claim.

How long do I have to file a workers’ compensation claim for a TBI in North Carolina?

North Carolina generally requires written notice to the employer within 30 days of an accident, subject to exceptions. A separate claim filing deadline generally requires filing with the North Carolina Industrial Commission within two years of the accident, although particular circumstances can affect the applicable deadlines. Reporting an injury to an employer is not the same as filing a claim with the Commission.

Do I need a workers’ compensation lawyer for a traumatic brain injury?

Legal representation is not required for every workers’ compensation claim. 

However, traumatic brain injuries can involve complicated medical evidence, long term treatment needs, disputed work restrictions, and questions about permanent disability. An experienced lawyer can help evaluate the claim and explain available legal options.