Brain Injury and the Workplace: Protecting Your Rights in Georgia

• March 18, 2025
• Attorney David Mann
• Workplace Accidents

Imagine that you are working at a construction site in Georgia on an upper level of a new building. Suddenly, a steel beam falls off a crane and hits you in the head.  You are rushed to the hospital.  A few days after the accident, you are told you suffered numerous injuries, including a severe brain injury.  Your doctor informs you that you may not be able to go back to work for a long time, if ever.

Brain injuries sustained in the workplace can be very complex.  But they are important to investigate because injured workers can be eligible for workers’ compensation benefits.  A denial of benefits, especially for those with brain injuries, can be devastating.

This blog post will discuss brain injury and the workplace in Georgia and how you can protect your rights.

Common Causes of Workplace Brain Injuries

While there are many different types of workplace accidents that can cause brain injuries, there are a few common ones we would like to address.  Those common accidents include:

• Falls – This is one of the most common types of accident that could result in brain damage.  At every job, there is a potential to slip or trip, lose one’s balance, and sustain a head injury.
• Falling objects – These types of accidents may happen on construction sites or where there is physical labor with heavy machinery involved.
• Vehicle accidents – If you are hit from behind at a high rate of speed, you may sustain a brain injury if your head is thrust forward quickly (as in whiplash) or if it hits the dashboard.

To be sure, there are specific types of work environments where a brain injury is more common, such as construction, manufacturing, and transportation.

Also, the phrase “brain injury” is very broad.  There are many different types of brain injury, ranging from mild to severe (like a traumatic brain injury).

Workers’ Compensation Benefits for Brain Injuries

Under Georgia law, any company employing more than 3 workers must have workers’ compensation insurance.  Workers’ compensation provides benefits to workers who are injured while at work.  Benefits can be short- or long-term depending on the severity of the injury and whether you are able to return to work in some capacity.  Workers’ compensation can be complex and confusing, so it is important to hire a Georgia workers’ compensation lawyer to help with your claim.

There are different types of benefits available under workers’ compensation.  Those include:

• Medical benefits – Workers’ compensation insurance will pay for any medical treatments for injuries sustained while at work, including ambulance fees, hospitalization, prescriptions and physical therapy.
• Lost wages – Benefits for lost wages can be complicated, but it depends on the severity of the injury, whether you can return to work in some capacity (lighter work), and what the injuries are.

Also, it is important to note that Georgia law does not provide workers’ compensation benefits for pain and suffering.

In order to make sure your claim goes smoothly, use the following steps as a guide when filing for workers’ compensation benefits in Georgia.

• Report the injury to your employer – Georgia law states that you must notify your employer within 30 days of the date of the accident.  We tell our clients to file a claim as soon as possible, because that will get the ball rolling on getting benefits.
• Seek medical attention – Georgia’s workers’ compensation law states that you must see a physician from a prescribed list maintained by your employer.
• Keep all documents – Make sure you save copies of all documentation related to the accident, including medical reports and statements from eyewitnesses.
• Filing a claim  – Use form WC-14 to file a claim with the workers’ compensation board.  This starts your claim.

Going Beyond Workers’ Compensation

If you are covered under workers’ compensation from your employer, you cannot file a personal injury lawsuit against them.  However, there are some ways to possibly obtain more compensation for your injuries.

Even though you are getting benefits from workers’ compensation, you still may struggle financially.  The money you get from workers’ compensation might not be enough to pay all of your bills and stay above water.

You may be able to file a personal injury lawsuit in some circumstances against parties other than your employer.  For example, if you were working on a construction site and a machine or tool malfunctioned, you could potentially file a personal injury claim against the manufacturer of the equipment.

Challenges in Workplace Brain Injury Cases

Brain injury claims can be complex, so there can be challenges to overcome.  For example, it can sometimes be difficult to prove a brain injury because symptoms, like cognitive issues, may not appear until weeks or months after the accident.

Insurance companies pose another challenge in brain injury cases.  They will do anything to deny a claim or pay out less than is warranted, sometimes hiring a private investigator to follow you or troll your social media page.

How a Brain Injury Lawyer Can Help

A Georgia brain injury lawyer is your best advocate for your workers’ compensation claim. A brain injury lawyer will:

• Review your medical records and help form a strategy for filing a workers’ compensation claim
• Gather evidence and present it to the workers’ compensation board on your behalf
• Negotiate with the insurance companies to make sure you get the benefits you deserve
• File an appeal with the board if your claim is denied.

We hope this blog post helped you with explaining brain injury in the workplace in Georgia and how you can protect your rights.

Call The Georgia Brain Injury Lawyers at the Mann Law Firm To Discuss Your Case Today

The Mann Law Firm has helped many clients with brain injuries file for workers’ compensation benefits.  We also have experience with filing personal injury claims for clients with brain injuries.  David Mann used to work as in-house defense counsel for a large insurance company, so he understands the tactics they use to deny claims.  Give us a call today at (478) 742-3381 to discuss your case.  At the Mann Law Firm, you always come first.