Ratto Law Firm, P.C. – Northern California’s Trusted Brain & Head Injury Workers’ Comp Attorneys

brain injury

If you are currently seeking head and brain injury workers’ comp legal representation to ensure that you receive what you are owed under California law the personal injury team at Ratto Law Firm, P.C. is here to be your advocate.

With over a hundred years of combined experience in winning cases such as head and brain injury workers’ comp cases, our personal injury attorneys understand what it takes to get a plaintiff side decision from a workers’ compensation judge, whether it is during a regular hearing or an appeal.

Need Help Now?

    Step 1/4

    Who was injured?

    Step 2/4

    What type of injury was it?

    Step 3/4

    What is your name?

    Step 4/4

    What is your phone and email?

    Brain injuries can be life threatening, as well as life altering with conditions that result from such trauma ranging from concussions to serious cognitive damage that can lead to death.

    Every year 50,000 people in the US are killed from head and brain related injuries, almost a half million people require hospitalization after these events, and almost half a million people are treated for this type of injury per year.

    Of these totals more than half of this total occur from injuries that can be sustained at work, with a great majority of that number of people being out of work for a significant amount of time during treatment and recovery.

    The Silent Epidemic: Workplace Head and Brain Injuries in California

    Head and brain injuries are among the most devastating and often misunderstood workplace injuries. Unlike broken bones or visible lacerations, traumatic brain injuries (TBIs) can be “invisible,” with symptoms appearing days, weeks, or even months after the incident. A worker may walk away from a fall or equipment strike feeling “shaken but okay,” only to later experience dizziness, memory lapses, mood swings, or difficulty concentrating. In high-risk industries such as construction, manufacturing, transportation, and warehousing, the risk of head trauma is always present, from falling objects and scaffolding collapses to slipping on wet surfaces or vehicle accidents during deliveries. In California, where workplace safety standards are strict but not always enforced, these injuries happen more frequently than official records suggest, especially among undocumented or vulnerable workers who are afraid to report incidents.

    How Workers’ Comp Payments are Determined

    Why Brain Injuries Are Uniquely Complex in Workers’ Compensation

    Unlike straightforward physical injuries, brain trauma requires specialized medical attention, long-term monitoring, and often neuropsychological testing to fully understand its impact. At first, a concussion may seem minor, but repeated concussions or improper management can lead to chronic traumatic encephalopathy, permanent cognitive decline, or personality changes. Insurance carriers often underestimate the severity of “mild” TBIs, arguing that since imaging (such as CT scans or MRI) appears normal, the injury is not compensable.

    However, as medical science has long proven, structural imaging does not always reflect functional impairment. At Ratto Law Firm P.C., we work with neurologists, neuropsychologists, and vocational specialists to document the full extent of your injury – not just what is visible on a scan, but also how it affects your ability to think, communicate, work, and lead a life.

    Common Causes of Work-Related Head Injuries

    In Northern California, head injuries are a common occurrence in various sectors of the labor economy. These injuries can occur on construction sites, where workers may be struck by unsecured tools or materials, or in traffic accidents involving delivery drivers. Warehouse employees may also be hit by forklifts, fall off ladders, or be injured by falling inventory, while agricultural workers may fall off equipment. Even office staff may slip and fall on poorly maintained stairs.

    According to OSHA, falls, strikes, and vehicle accidents are the leading causes of workplace head trauma, which can result in fatal and non-fatal injuries. Unfortunately, many employers fail to provide or enforce proper head protection such as ANSI-approved hard hats, or install safety measures such as overhead netting, guardrails, or signage in high-risk areas.

    When safety measures are ignored, it is not just the injured worker who suffers. The entire workplace community is affected, as accidents can disrupt operations and cause financial losses. It is important for employers to take responsibility for the safety of their workers and implement proper safety measures to prevent injuries.

    The Long Road to Recovery—and the Financial Strain It Brings

    Recovery from a brain injury is often a complex process that varies from person to person. It may include visits to the emergency room, inpatient rehabilitation, outpatient therapy, cognitive behavioral counseling, and medication for headaches, depression, or seizures. Many people experience “invisible disabilities” – they may look fine on the outside, but struggle with fatigue, light sensitivity, difficulty finding words, or emotional instability.

    Employers may pressure employees to return to work prematurely, and insurers may end temporary disability benefits after a certain number of weeks, even if symptoms continue. California’s workers’ compensation system provides ongoing medical care and payments for disability, but only if the claim is properly documented and defended. Without legal assistance, benefits can be reduced, treatments denied, or disability ratings unfairly minimized, leaving families with mounting debt and an uncertain future.

    Permanent Disability and Future Earning Capacity

    A brain injury can permanently affect your ability not only to do your current job, but also to any job that requires focus, memory, or decision-making. This is recognized by California law through permanent disability benefits and vocational rehabilitation. However, the determination of permanent disability for cognitive injuries can be subjective. Insurers often rely on doctors who assign low impairment ratings based only on physical exams, ignoring cognitive deficits.

    At Ratto Law Firm, P.C., we ensure that your impairment is assessed holistically. We may ask for a qualified medical evaluator (QME) or an agreed medical evaluator with experience in neurology to evaluate your true functional limitations. If your injury prevents you from returning to your previous occupation, we will fight for full vocational training benefits and, if appropriate, a higher permanent disability award that reflects your future earning potential.

    Appeals and the Importance of Timely Legal Action

    If your brain injury claim is denied or underpaid, you have the right to appeal. However, there are strict deadlines that must be followed. In California, you must file a Declaration of Readiness to Proceed within a certain time frame to request a hearing with the Workers’ Compensation Appeals Board (WCAB). If you miss these deadlines, you may lose your rights completely. Our attorneys have decades of experience handling appeals.

    They know how to prepare for depositions and cross-examine opposing medical experts. They also know how to present complex neurological evidence in a way that resonates with judges and decision makers, transforming medical jargon into a compelling story of loss, strength, and justice.

    Protecting Your Rights After a Workplace Head Injury

    From the moment you experience an injury, it is important to take immediate action. Even if you feel fine, seek medical attention as soon as possible. Report the injury to your supervisor within 30 days in writing. Keep a record of your symptoms, treatment, and how it affects your daily life. Do not provide written statements to insurance companies without consulting a lawyer. Never sign a settlement offer without fully understanding its long-term consequences. A seemingly generous initial payment may waive your right to future medical care or disability benefits, leaving you vulnerable if your condition worsens.

    Denied Workers’ Comp Claims

    Don’t Face a Brain Injury Alone—Call Us Today

    Time is of the essence. Every day you delay seeking legal assistance, your rights may be weakened. Insurance companies are quick to protect their interests. You deserve a firm that will act swiftly on your behalf. If you or a loved one has suffered a head or brain injury at work, contact Ratto Law Firm, P.C., for a free and confidential consultation. Our team of experienced attorneys will tirelessly work to protect your interests so you can focus on what truly matters: your recovery and rebuilding your life.

    Common Brain & Head Injuries FAQs

    Are brain and head injuries covered under California workers’ compensation?

    Yes. If you suffer a concussion, skull fracture, traumatic brain injury (TBI), or other head trauma while performing job duties, you’re typically entitled to workers’ comp benefits—even if symptoms appear days or weeks later. This includes emergency care, ongoing treatment, disability payments, and vocational support.

    What types of jobs are most at risk for head injuries?

    High-risk occupations include construction, warehouse work, delivery driving, agriculture, manufacturing, and trucking. Common causes include falls from height, being struck by tools or equipment, vehicle accidents, and slips on unsafe surfaces. Even office or maintenance staff can qualify if injured on the job.

    Why are brain injury claims often denied or undervalued?

    Insurers may argue the injury is “mild” or “not visible on imaging,” ignore delayed symptoms, or claim the incident didn’t happen at work. They might also terminate benefits prematurely or assign a low permanent disability rating. Because brain injuries are complex and often “invisible,” strong medical and legal advocacy is essential.

    What benefits can I receive for a work-related brain injury?

    You may be eligible for:

    Full coverage of medical expenses (ER visits, imaging, neurology, therapy)
    Temporary disability payments while you’re off work
    Permanent disability compensation if you have lasting cognitive or physical impairments
    Vocational rehabilitation or retraining if you can’t return to your previous job

    How is permanent disability determined for brain injuries?

    Unlike broken bones, brain injuries are assessed based on cognitive, emotional, and functional limitations—often through neuropsychological testing. Insurers may use doctors who minimize these effects. At Ratto Law Firm, P.C., we ensure your impairment is evaluated by qualified specialists who understand neurological trauma.

    Can I appeal if my brain injury claim is denied?

    Yes. You have the right to appeal through the Workers’ Compensation Appeals Board (WCAB). However, strict deadlines apply—typically within 20 days of a denial. An experienced attorney can help gather medical evidence, request a qualified medical evaluator (QME), and represent you at hearings or depositions.

    Related Articles