Traumatic Brain Injuries, Medical Care & Treatment under New York Workers’ Compensation
If you or a loved one suffered a traumatic brain injury in a workplace accident in New York, your workers’ compensation benefits should pay for all your related medical care and treatment. With a traumatic brain injury, this could include emergency treatment immediately after the injury, hospitalization, rehabilitation, and ongoing care.
Some of the medical care and treatment workers’ compensation should pay for includes:
Emergency Department Triage and Care
Workers’ compensation benefits should cover your ambulance transportation to the hospital and any life-saving or sustaining treatment you receive on the way. It will also pay for the care you receive in the emergency department, including medical imaging and laboratory testing to determine the type and severity of your injuries.
Workers’ compensation should also cover all the inpatient care required to stabilize and treat your traumatic brain injury and other injuries. This may include additional testing, surgery, medications, and other costs associated with hospitalization and treatment. Some traumatic brain injuries require extended inpatient hospital care, and costs can easily reach hundreds of thousands of dollars for severe injuries.
Rehabilitation and Therapy
Most people who suffer a moderate or severe traumatic brain injury require at least some inpatient rehabilitation and outpatient therapy. This type of treatment can help you rebuild strength, recover lost skills, and learn to adapt to new impairments caused by your injuries.
Inpatient rehabilitation can last a few days to several months and includes intensive programs to address how to relearn basic skills such as walking and talking. Outpatient therapies may continue for months or even years once inpatient rehabilitation is complete. Common types of therapy include:
- Physical therapy
- Speech therapy
- Cognitive therapy
- Occupational therapy
Many traumatic brain injuries require some level of continuing care. This may be only temporary until the injured patient can recover enough to live independently or have family members play supportive roles, or they could require ongoing care for the rest of their life. There are many levels of continuing care, and workers’ compensation should pay for those reasonably related to all of them.
This includes a home attendant, skilled nursing care, placement in an assisted living facility, or other steps to ensure you receive the necessary level of care.
Lost Wages and Options
In addition to medical care and treatment, Workers Compensation will also compensate you for your lost wages, and give you a money award for certain injuries. If you cannot return to work, private disability insurance or Social Security Disability benefits may be an option. You may also be eligible for compensation through a civil lawsuit, holding the party responsible for your injuries liable. The law limits our ability to file suit against your employer, but it allows us to pursue compensation against responsible third parties for past pain and suffering, future pain and suffering, loss of services and economic losses not covered by Workers Compensation.
May I Seek Compensation Through A Lawsuit?
The team at Oresky & Associates, pllc has recovered more than $350 million in verdicts and settlements for New York City workers and others who suffered injuries in accidents. We have 25+ years of experience fighting to protect the rights of our workers injured on the job. We can pursue compensation in your case, identifying any and all liable parties and taking legal action against them.
We will review the circumstances of your workplace accident for free and evaluate your options for pursuing money compensation in addition to workers compensation. We also work with a well known workers’ compensation law firm that represents our clients in their Workers Compensation cases. We work together to make sure that the client receives the best possible outcome in both their claim or lawsuit for personal injuries as well as their claim for Workers Compensation. This way our clients are fully covered for all their accident related needs.
Talk to a New York Work Accident Attorney Today
If you or a loved one suffered a traumatic brain injury in a workplace injury accident, the team from Oresky & Associates, pllc is here for you. We will review your case at no cost and explain your legal options for compensation.
We handle injury accidents that occurred anywhere in New York City. This includes Brooklyn, Manhattan, the Bronx, Queens, and Staten Island, as well as in Nassau County, Suffolk County, and Westchester County.
Call us today at 718-993-9999 to get started with your free consultation. Someone is standing by 24 hours a day, seven days a week to take your call.