A traumatic brain injury (TBI) can be life-altering — affecting memory, concentration, mood, and the ability to return to work. But even with serious symptoms, TBI claims under California’s workers’ compensation system are often denied, delayed, or undervalued.
At Employees First Labor Law, we’ve seen firsthand how insurance companies try to minimize brain injuries. Here’s what you need to know if you or a loved one has suffered a work-related TBI in California.
What Is a TBI in the Workplace?
A traumatic brain injury is typically caused by a blow, jolt, or penetrating injury to the head. It may result from:
- Slip-and-fall accidents
- Falling objects
- Work-related vehicle crashes
- Explosions or sudden impacts
- Assaults in the workplace
Symptoms can include headaches, confusion, dizziness, vision problems, personality changes, depression, and memory loss. Even a “mild” TBI like a concussion can cause lasting impairment.
1. Delayed Diagnosis or Denial of Injury
One of the most common issues in TBI claims is delay in diagnosis. Symptoms may not be visible right away, and without obvious trauma on a scan (like an MRI or CT), the injury can be dismissed as minor.
Insurance companies frequently argue that:
- “It was just a bump on the head.”
- “The injury wasn’t reported right away.”
- “There’s no objective evidence of trauma.”
But under California law, workers are entitled to medical care and benefits even if symptoms appear days later.
Learn more about AOE/COE (work-related injuries) here »
2. Downplaying the Severity of the Injury
Carriers often retain their own Qualified Medical Evaluators (QMEs) or neuropsychologists who minimize your symptoms, claiming:
- The TBI is “mild” with no long-term effect
- You’re exaggerating or malingering
- It’s psychological, not physical
But TBI symptoms can persist long after the accident and may not always show up clearly on imaging.
3. Delays in Approving Neurological Treatment
TBIs often require:
- Neurologists
- Neuropsychological testing
- Cognitive rehabilitation
- Psychiatric therapy
These specialized treatments are often denied or delayed by the insurance company, leaving injured workers without proper care.
See how EFLL helps injured workers get treatment »
4. Psychiatric CLAIMS Are Often Disputed
Many TBI victims develop:
- Depression
- Anxiety
- Post-traumatic stress
- Emotional instability
Insurers try to deny psychiatric symptoms as non-industrial or not caused by the brain injury. But under California Labor Code § 4660.1(c)(1), psychiatric impairments that stem from a physical injury like a TBI may be compensable — with proper evidence.
5. Return-to-Work Pressures Without Accommodations
Returning to work after a brain injury is often unrealistic. Yet some employers fail to accommodate memory loss, dizziness, or reduced stamina.
Under California’s Fair Employment and Housing Act (FEHA), your employer must engage in an interactive process and provide reasonable accommodations — or risk liability for disability discrimination.
Read our guide on Work Restrictions & Accommodations »
6. Undervaluing Permanent Disability
TBI victims often receive low impairment ratings from biased QMEs. Carriers try to limit payouts by ignoring:
- Long-term cognitive impairments
- Mood and behavior changes
- The compounding effect of psychiatric symptoms
A skilled attorney can help you challenge improper ratings and pursue vocational expert evaluations to establish loss of earning capacity.
7. Denials of Vocational Rehabilitation
If you can’t return to your old job, you may be entitled to the Supplemental Job Displacement Benefit (SJDB) — a voucher for retraining or education. Insurance companies frequently deny these benefits, claiming you’re still capable of work, even when you’re not.
8. Credibility Attacks and Surveillance
Because TBI symptoms are often invisible, injured workers face:
- Accusations of faking or exaggerating
- Social media monitoring
- Video surveillance by investigators
You need a legal team that knows how to push back — and prove your injury is real and disabling.
We Help Injured Workers with TBI Claims Across California
At Employees First Labor Law, we’ve helped brain injury victims secure the treatment, compensation, and support they need to move forward. Whether your claim has been denied or you’re just starting the process, we can help.
✅ No fees unless you win
✅ Free consultations
✅ Spanish-speaking team
✅ Offices serving all of California
Contact us today for a free consultation.
Whether you’re facing a denial or a difficult QME, we’ll make sure your rights are protected and your recovery is maximized.
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