When you suffer a brain or head injury at work, the path to recovery can be difficult. Medical bills may pile up, lost wages add pressure, and the long-term effects of your injury create uncertainty about your future. Goings Law Firm, LLC helps injured workers in South Carolina with workers’ compensation claims involving brain and head injuries. Our team of brain and head injury workers’ compensation lawyer in South Carolina understands the serious impact these injuries can have on your life and works to pursue the benefits available under South Carolina law.
Why Choose Goings Law Firm, LLC for Your Brain Injury Claim
Brain injuries require careful legal analysis and an understanding of South Carolina workers’ compensation law. Goings Law Firm, LLC has experience handling brain and head injury cases and works directly with medical providers and experts to develop claims that reflect the full extent of an injury and its impact on a worker’s ability to perform job duties.
The firm’s approach focuses on seeking all benefits the law provides. The team can manage every stage of the claim—from the initial filing to any necessary appeals. Goings Law Firm, LLC understands the challenges injured workers face when dealing with insurance companies and employers and remains involved throughout the process to help protect your rights.
The firm operates on a contingency fee basis, meaning you do not owe attorney’s fees unless there is a recovery in your case.
How Brain and Head Injuries Happen at Work
Brain and head injuries occur in workplaces across South Carolina. Understanding how these events happen can help explain why they are typically covered by workers’ compensation when they arise out of and in the course of employment.
Common workplace causes include:
- Slip and fall accidents on wet floors, stairs, or uneven surfaces
- Falling objects from shelves, equipment, or construction sites
- Motor vehicle accidents involving company vehicles or work-related travel
- Equipment malfunctions or machinery accidents
- Assaults or intentional trauma in certain work environments
- Explosions or fires in industrial settings
- Certain incidents involving oxygen deprivation or toxic exposure
Each of these situations can result in serious brain injuries that affect your ability to work and participate in daily activities. When these injuries are work-related, workers’ compensation may cover medical care and a portion of lost wages, regardless of fault.
Types of Brain Injuries and Their Effects
Brain injuries are often grouped into two broad categories: closed head injuries and penetrating injuries. Identifying the type of injury can help you understand your symptoms and possible recovery path.
Closed Head Injuries vs. Penetrating Injuries
Closed head injuries occur when the head is struck or shaken without an object breaking the skull. The brain can move within the skull and sustain damage even when there is no open wound. Penetrating injuries happen when an object pierces the skull and enters brain tissue. Both types of injuries can be serious and require prompt medical evaluation.
Concussions and Contusions
A concussion is a type of traumatic brain injury caused by a blow to the head or a forceful jolt. Concussions can range from mild to more serious and may not always appear on standard imaging tests. A contusion is a bruise on the brain itself. Contusions often appear on CT scans or MRI imaging and may indicate more localized brain injury than a concussion.
“Concussions and post-concussion syndrome are where I see the most aggressive carrier minimization in practice. They will look at a worker who took a blow to the head, had initial symptoms, and is now reporting ongoing cognitive, headache, and mood symptoms weeks or months later — and they will argue, with complete seriousness, that it is basically somatization or pre-existing anxiety. The issue is that the initial impact was real, the brain injury was real, and the neuropsychological evidence shows it clearly — but the carrier has a strong financial incentive not to believe it.”
— Christian E. Boesl, Workers’ Compensation Attorney, Goings Law Firm, LLC
Diffuse Axonal Injury and Anoxic Injuries
Diffuse axonal injury (DAI) occurs when rapid acceleration or deceleration of the head stretches or tears nerve fibers throughout the brain. This type of injury can result from high-impact accidents and may cause widespread damage. Anoxic or hypoxic brain injuries occur when the brain receives too little oxygen. These can result from events such as near-drowning, certain toxic exposures, or other medical emergencies at work.
Symptoms and Long-Term Effects of Brain Injury
Brain injury symptoms vary depending on the severity and location of the damage. Some symptoms appear immediately, while others develop over time.
Physical symptoms may include headaches, dizziness, balance problems, nausea, changes in vision or hearing, and sensitivity to light or noise. Cognitive symptoms can involve memory issues, difficulty concentrating, confusion, slowed thinking, and problems with planning or decision-making. Emotional and behavioral changes may include mood swings, irritability, anxiety, depression, or changes in personality.
Many people with brain injuries experience fatigue and reduced stamina that can make returning to work challenging. Others may have communication difficulties or motor impairments that interfere with performing job tasks. These long-term effects often require ongoing medical care, rehabilitation, and adjustments at home and work.
Workers’ Compensation Benefits for Brain Injuries in South Carolina
South Carolina workers’ compensation law can provide important protections for workers with brain injuries. Understanding the available benefits can help you pursue appropriate compensation.
Medical care coverage may include necessary treatment related to the brain injury, such as emergency care, hospitalization, surgery, rehabilitation, therapy, and ongoing medical appointments. It can also cover diagnostic tests, medications, and certain medical equipment prescribed for your recovery.
Wage replacement benefits may be available if your injury prevents you from working. Typically, these benefits are calculated as a percentage of your average weekly wage and continue while you are medically unable to work or working with reduced hours or pay under certain conditions.
In some cases, you may have a separate third-party liability claim if someone other than your employer was responsible for the incident that caused your injury. For instance, if a negligent driver caused a crash while you were driving for work, you may have both a workers’ compensation claim and a personal injury claim against that driver. Goings Law Firm, LLC can help evaluate whether additional claims beyond workers’ compensation may be available.
Proving Your Brain Injury Claim
Brain injuries can be harder to document than obvious physical injuries because they are not always visible. Insurance companies may question the existence or severity of the injury, especially when imaging results are inconclusive.
Key documentation can include:
- Medical records from your initial emergency treatment and follow-up visits
- Diagnostic test results such as CT scans, MRI imaging, and neuropsychological evaluations
- Reports and opinions from neurologists, neuropsychologists, or other specialists
- Statements from family members, coworkers, or supervisors who observed changes in your behavior or abilities
- Your own written record of symptoms and how they affect daily activities and work tasks
Goings Law Firm, LLC works to collect and organize this information and to connect the brain injury to the work-related incident. The firm also monitors deadlines, since delays in reporting the injury or filing a claim can affect your rights.
What If Your Claim Was Denied?
Some brain injury claims are denied at first by workers’ compensation insurers. Reasons may include disputes over whether the injury is work-related, disagreement about the severity of the condition, or arguments that symptoms stem from pre-existing issues.
A denial, however, does not necessarily end the process. South Carolina law provides a system for requesting a hearing and appealing adverse decisions before the Workers’ Compensation Commission. At that stage, you can present medical evidence, expert opinions, and testimony.
Goings Law Firm, LLC can assist by:
- Reviewing the reasons for denial
- Obtaining additional medical or vocational evidence
- Preparing legal arguments responding to the insurer’s position
- Presenting your case at a hearing before a commissioner
With stronger evidence and focused advocacy, some denied claims may be resolved through hearings or negotiated outcomes.
Frequently Asked Questions
What qualifies as a brain injury for workers' compensation?
Generally, any brain or head injury that arises out of and in the course of employment can qualify, including concussions, contusions, traumatic brain injuries, anoxic or hypoxic injuries, and diffuse axonal injuries, as long as the medical evidence links the condition to a work-related event.
How long does a brain injury workers' comp case take?
Timeframes vary. Some claims resolve within several months if there is little dispute about the injury or treatment. More complex cases, especially those involving contested permanent disability or appeals, can take a year or more. Your attorney can help you balance the desire for a quicker resolution with the need to fully document your injury and future needs.
Do I need a lawyer for my brain injury claim?
You are allowed to file a claim without a lawyer, but brain injury cases often involve complicated medical questions and close scrutiny by insurers. Having an attorney can increase the likelihood that your claim is properly documented, deadlines are met, and your rights are protected during negotiations or hearings.
How much does it cost to hire Goings Law Firm, LLC?
Goings Law Firm, LLC works on a contingency fee basis in workers’ compensation matters, meaning attorney’s fees are typically collected only if there is a recovery for you. This arrangement allows injured workers to seek representation without paying upfront legal fees.
Can I pursue a third-party claim in addition to workers' comp?
Yes, in appropriate situations. If a third party—such as another driver, a negligent subcontractor, or a product manufacturer—contributed to your injury, you may have a separate claim against that party. Workers’ compensation and third-party claims can proceed together, but they interact in specific ways, including potential reimbursement rules, which your attorney can explain.
What is the statute of limitations for third-party claims?
In many South Carolina personal injury cases, you generally have three years from the date of the injury to file suit against a responsible third party, though exceptions exist. It is important to speak with a lawyer promptly so that all applicable deadlines, both for workers’ compensation and any third-party claims, are met.
Contact Goings Law Firm, LLC for Your Brain Injury Claim
Brain and head injury claims involve strict timelines and detailed proof requirements. Waiting too long to act can make it harder to obtain benefits. Goings Law Firm, LLC is available to discuss your situation, explain your options, and help you with the workers’ compensation process.
Call (803) 350-9230 today to schedule a free consultation. The firm reviews your case, answers your questions, and handles the legal aspects of your claim so you can focus on your recovery.
Client Testimonials & Results
View our results to see how we’ve helped injured workers recover the benefits they deserve. Read testimonials from workers who have benefited from our representation.
