Brain injuries are often invisible — and when no one saw it happen, proving it’s work-related can be one of the toughest challenges in a workers’ compensation case. But just because no one witnessed your injury doesn’t mean you’re out of options.
At Employees First Labor Law (EFLL), we’ve helped injured workers in California successfully prove traumatic brain injuries (TBIs) caused by falls, equipment malfunctions, falling objects, or even cumulative head trauma — all without direct witnesses.
Here’s how it’s done.
🔹 Common Causes of Unwitnessed Brain Injuries at Work
These incidents often happen when workers are:
- Alone on a shift or remote part of a jobsite
- Driving a company vehicle or operating equipment
- Hit by falling objects
- Slipping or tripping without being seen
- Suffering delayed symptoms after repeated head trauma
Brain injuries — especially concussions or internal bleeding — don’t always show symptoms immediately. That’s why documenting your injury early is critical.
🔹 What Counts as a Work-Related Brain Injury?
Under California workers’ compensation law, you may be eligible for benefits if your TBI:
- Happened during the course and scope of employment
- Resulted from a specific incident or cumulative trauma
- Has objective or medically verifiable symptoms (e.g., confusion, dizziness, memory loss, headaches, personality changes)
Even if no one saw the incident, medical records and expert opinions can often fill the gap.
🔹 How to Prove Your TBI Without a Witness
✅ Report the Injury Immediately
Tell your supervisor or employer right away. Document everything — what you were doing, where you were, what happened, and what symptoms you noticed.
✅ Seek Medical Attention ASAP
Get to a doctor immediately and describe every symptom. Emergency room or urgent care records can be some of the strongest evidence.
✅ Get Diagnostic Testing
MRI, CT scans, and neuropsychological evaluations can detect brain trauma even if there are no visible wounds.
✅ Identify Circumstantial Evidence
Were you found disoriented? Did someone notice changes in your behavior? Are there tools, broken equipment, or surveillance footage that supports your version of events?
✅ Use Expert Medical Testimony
A neurologist or neuropsychologist can testify that your symptoms are consistent with a work-related brain injury, even if no one saw the incident.
✅ Document Witnesses to Symptoms
Even if no one saw the injury, coworkers, family, or friends who observed changes in your behavior, cognition, or mood can provide valuable testimony.
🔹 Why Insurance Companies Deny Unwitnessed TBI Claims
Insurers often claim:
- You “made it up” because there’s no witness
- Your symptoms are from a pre-existing condition
- There’s no objective medical evidence
- You weren’t on duty at the time
That’s why it’s essential to have experienced legal counsel to gather the right evidence and challenge these denials.
🔹 Why Choose Employees First Labor Law?
Brain injuries can be some of the hardest cases to prove — especially when there were no witnesses, no visible wounds, and no clear-cut moment of trauma. At Employees First Labor Law, we’ve built a reputation for taking on the toughest brain injury cases and getting results.
We don’t just handle paperwork — we develop strategic, medically-supported cases that force insurance companies and employers to take brain trauma seriously.
Here’s what makes EFLL different:
✅ Elite Medical Coordination
We connect our clients with California’s top neurologists, neuropsychologists, and brain injury rehabilitation specialists. Their expert reports and diagnostic testing give your case the credibility and evidence it needs.
✅ Detailed Case Timelines & Evidence Building
Our team helps you recreate the events leading to your injury, even without direct witnesses. We gather coworker statements, review surveillance footage, and compile symptom observations from family and friends to build a timeline that supports your claim.
✅ Aggressive Defense Against Denials
Insurance companies often claim TBIs are fabricated, pre-existing, or unrelated to work. We’ve fought and won in exactly those scenarios — using medical records, cognitive testing, and vocational evaluations to push back against biased adjusters and IME doctors.
✅ Civil Litigation Firepower
If your brain injury involved a fall from unsafe scaffolding, a vehicle crash, or defective equipment, we pursue third-party claims to recover full damages — including pain and suffering, future earnings, and lifetime care needs that workers’ comp doesn’t cover.
✅ Proven Results in Complex Injury Cases
From subtle concussions to permanent cognitive impairment, we’ve secured substantial benefits and settlements for injured workers across the state. We know how to quantify the lifelong impact of brain injuries — and make sure it’s compensated properly.
📞 Call now for a free case review
📩 Contact EFLL
