Baton Rouge Head & Brain Injury Lawyer
Anyone in Baton Rouge who has hit their head at work or in a wreck faces a decision that does not wait for the symptoms to sort themselves out: whether to report the injury, which doctor to see, and whether to trust an adjuster who says a headache and some memory trouble sound minor. Lunsford, Baskin & Priebe PLLC is a workers’ compensation law firm that represents injured workers and accident victims in Baton Rouge, East Baton Rouge Parish, and communities across Louisiana and Mississippi, and a Baton Rouge head and brain injury lawyer from our team can step in before those early decisions shape the rest of the claim.
Head and brain injuries are different from a torn shoulder or a fractured ankle because the proof is harder to see. A concussion can look normal on an initial scan. A worker who was struck by a falling object at a plant along the river, knocked off a ladder on a commercial job site, or thrown against a steering wheel in a work truck may walk away feeling foggy and irritable, then find weeks later that concentration, balance, sleep, or mood have changed. Insurers know this gap exists, and they use it to argue the problem is stress, age, or something that predates the job.
The choices you make in the first days, especially what you tell your employer, what you tell the first doctor, and whether you accept a return to work you are not ready for, tend to decide how hard the claim will be to win later. Our work is to build the medical record and the timeline so those arguments do not hold up.
Why Choose Lunsford, Baskin & Priebe for a Brain Injury Claim
Lunsford, Baskin & Priebe PLLC serves injured workers throughout East Baton Rouge Parish and the rest of South Louisiana, along with clients across Mississippi. Most lawyers who take comp cases are personal injury attorneys who see a work injury only when one walks in. We built the firm the other way around. Consultations are free, we advance the costs of the case, and you owe no fee unless we recover benefits or a settlement for you. Our phones are answered 24 hours a day, and Spanish-speaking clients can work with our team in their own language from the first call to the last day of the case.
The people handling your claim matter. Rob Lunsford, Founding Partner, has spent his entire legal career representing injured workers. Brad Baskin and Jennifer Priebe, both Partners, have been recognized by Best Lawyers, Super Lawyers, and The National Trial Lawyers. Andrew Rueff has successfully tried dozens of jury and bench trials to verdict, which matters when an insurer refuses to take a serious injury seriously. Keaton Belk and Erin Heimlicher round out the attorney team. The firm has recovered more than $100 million in settlements for clients and was ranked by Best Law Firms for Workers’ Compensation Law, Claimants.
Our results show the kind of injuries we handle. We secured $685,000 for a surgical tech with a lower back injury, $600,000 for a construction worker with a complex back injury, $385,000 for a project manager injured after being struck in his work vehicle, and $221,000 for a land-based oil rig worker with severe burns. Clients consistently tell us they felt heard, that the process was explained, and that someone fought the insurance company on their behalf at every step.
Head and Brain Injury Claims We See in Louisiana Workplaces
- Concussions and Mild Traumatic Brain Injury: These often follow a blow to the head from a swinging load, a dropped tool, or a fall from a ladder or scaffold. Symptoms such as headaches, light sensitivity, dizziness, and trouble concentrating may be dismissed at first, so early documentation is critical.
- Struck-By and Falling Object Injuries: Construction sites, industrial plants, and refinery work along the Mississippi River corridor around Baton Rouge expose workers to objects falling from above. Hard hats reduce risk but do not eliminate it, and an insurer may still argue the injury was minor.
- Vehicle Accidents on the Job: Delivery drivers, truck drivers, and employees running work errands face crashes on I-10, I-12, and I-110 and on surface roads throughout the parish. A head injury in a work vehicle can support both a comp claim and a separate personal injury claim against the at-fault driver.
- Falls From Height: Roofers, ironworkers, and maintenance crews can suffer skull fractures, bleeding on the brain, and lasting cognitive problems from a single fall, often with injuries to the spine and shoulders at the same time.
- Burns and Explosions With Head Trauma: Industrial incidents can combine burns, blast force, and impact, creating catastrophic injuries that require long-term specialist care and careful valuation.
- Cognitive and Emotional Aftereffects: Memory loss, personality changes, depression, and anxiety can follow a head injury and may be part of the compensable condition, even when the employer’s insurer treats them as unrelated.
- First Responder and Firefighter Injuries: Responders can suffer head trauma on scene and also face job-related conditions such as posttraumatic stress, which can overlap with brain injury symptoms.
- Third-Party Liability Injuries: When a contractor, property owner, or negligent driver other than your employer caused the injury, you may have a personal injury case alongside your comp benefits, and the two claims have to be coordinated.
What to Do After a Blow to the Head at Work in Baton Rouge
Report the injury to your employer right away, and in any event within 30 days of the accident, because Louisiana will not allow a compensation proceeding to go forward without that notice. Do it in writing if you can and keep a copy. Be specific that you struck your head or were jolted, not just that you “don’t feel well,” since vague reports are an easy target for an insurer later. Then get medical attention immediately, even if you feel mostly fine. Tell the provider exactly how the injury happened and list every symptom, including the small ones like irritability, light sensitivity, ringing in the ears, and trouble finding words. Anything left out of the first records is something an adjuster will later say did not exist.
Keep a simple daily record of headaches, sleep, memory slips, and mood, and ask a family member or coworker to write down what they notice, because people with brain injuries often underestimate their own changes. Gather the names of any witnesses, photographs of the scene, and the incident report. Do not give a recorded statement to the insurance company before speaking with a lawyer, and do not agree to return to work until your treating physician clears you in writing.
The deadline to file a formal claim in Louisiana is generally one year from the date of the injury, although it can extend to three years from the last compensation payment if benefits have been paid. If you are not getting paid, a disputed claim goes before a workers’ compensation judge at the Office of Workers’ Compensation Administration, and workers in the Baton Rouge area are served by the district office there. You choose the venue: the parish where you were hurt, the parish where you lived at the time, or the parish of the employer’s principal place of business. If the insurer denies a treatment your doctor recommends, such as a neurological evaluation or cognitive therapy, you have only 15 calendar days after written notice of the denial to file the dispute form with the OWC, and the medical director then has 30 days to decide. Missing that window is one of the costliest mistakes injured workers make. If you disagree with the medical director, you have 45 days from the date the decision was issued to take the next step. A judgment from a workers’ compensation judge in the Baton Rouge district can be appealed to the Louisiana First Circuit Court of Appeal, generally within 30 days to suspend the judgment, and further review may be sought from the Louisiana Supreme Court.
How Insurers Contest Brain Injury Claims and How the Medical Case Gets Built
The most common insurer arguments in a head injury case are that the symptoms are unrelated to the accident, that a normal imaging study proves nothing is wrong, that the problem is a pre-existing condition, or that you are exaggerating. A normal CT or MRI does not rule out a concussion or a diffuse injury, and a pre-existing condition does not end a claim if work caused, worsened, or accelerated it. Answering these arguments takes a record that connects the event to the symptoms: the first medical entry describing the blow, consistent follow-up care, and referrals to the right specialists, which may include neurology, neuropsychology, and vision or balance therapy. Neuropsychological testing can document deficits in memory and processing speed that a standard office visit will miss.
Benefits in Louisiana cover all reasonable and necessary medical treatment and wage replacement while you cannot work. If you can work again but at reduced pay, supplemental earnings benefits may apply when you cannot earn 90 percent or more of your pre-injury wages, and they are generally calculated at two-thirds of the difference between what you earned before and what you can earn now, up to a 520-week maximum that counts weeks of temporary total disability. The weekly compensation maximum is fixed by the date of your accident, set under Louisiana law, and not adjusted later. Brain injuries often affect what kind of work a person can do at all, so vocational issues, return-to-work attempts, and job restrictions deserve close attention before you accept any light-duty offer.
When someone outside your employer contributed to the injury, a separate personal injury claim may exist. Louisiana now gives two years to file most injury claims arising on or after July 1, 2024, and for causes of action arising on or after January 1, 2026, a person found 51 percent or more at fault recovers nothing, with lesser fault reducing the award proportionally. Because these rules interact with your comp claim, coordinating both from the start protects the value of each.
Questions About Head and Brain Injury Claims
Do I need a lawyer for a head injury workers’ comp claim?
Not every claim needs one, but brain injuries are among the claims most likely to be disputed. If benefits have been denied, delayed, or cut off, or if you will be out of work for an extended time, a lawyer can make a major difference because the insurer already has adjusters and attorneys protecting its side.
How much does it cost to hire your firm?
Nothing up front. Consultations are free, we advance the costs of the case, and we are paid only if we recover benefits or a settlement. Attorney fees in workers’ compensation cases are also limited and approved under state law.
How long do I have to report a head injury to my employer?
Report it right away, and no later than 30 days after the accident. Louisiana will not maintain a compensation proceeding unless that notice was given, so do not wait to see whether symptoms improve.
What is the deadline to file a formal claim?
Generally one year from the date of injury. If the insurer has paid compensation, the deadline can extend to three years from the last payment. Because exceptions are narrow, speak with a lawyer as soon as possible.
Can I get benefits if my scans came back normal?
Yes. Concussions and many mild traumatic brain injuries do not show up on routine imaging. Your claim can rest on documented symptoms, specialist evaluation, and neuropsychological testing.
What if the insurer says my memory problems are not from the accident?
That is a common tactic. We answer it with the timeline of symptoms, the treating physicians’ records, and testing that ties the deficits to the injury. A pre-existing condition does not defeat a claim when work caused or worsened the problem.
The insurer denied a specialist my doctor recommended. What can I do?
You have 15 calendar days from receiving written notice of the denial to file the medical dispute form with the Office of Workers’ Compensation Administration, and the medical director has 30 calendar days to rule. Do not let that deadline pass.
Can I be fired for filing a claim after a head injury?
Louisiana and Mississippi both prohibit retaliation for filing a workers’ compensation claim. If you were let go or punished after reporting your injury, tell us at your consultation so we can review your options.
What if I cannot do my old job but can do lighter work?
Supplemental earnings benefits may apply if you return at reduced pay. They are available when you cannot earn 90 percent or more of your pre-injury wages, and they run until you are released to full duty, return to your old earnings, or reach the 520-week maximum.
Can I also sue someone other than my employer?
Sometimes. If a negligent driver, contractor, or property owner caused your head injury, you may have a personal injury claim in addition to your comp benefits. Louisiana’s fault rules and deadlines apply to that claim, which is why we coordinate both together.
Will my own health insurance pay for treatment while the claim is pending?
Comp should cover reasonable and necessary treatment for a work injury, but when an insurer refuses, injured workers sometimes feel pushed to use personal insurance. Talk with us before doing so, because how treatment is billed can affect your claim and reimbursement.
What if my loved one died from a head injury suffered at work?
Death benefits may be available through workers’ compensation, and a wrongful death claim against a negligent third party may also exist. Louisiana generally allows one year from the death or two years from the date of injury, whichever is longer, so contact us promptly.
Serving Head and Brain Injury Clients Across Baton Rouge and the Surrounding Parishes
We represent injured workers throughout Baton Rouge, from Mid City and the Garden District to Spanish Town, Southdowns, and the neighborhoods near LSU and Southern University. Our reach extends through East Baton Rouge Parish into Zachary, Baker, and Central, and to Prairieville and Gonzales in neighboring Ascension Parish. We also serve workers in Denham Springs and Walker in Livingston Parish, Plaquemine in Iberville Parish, Port Allen in West Baton Rouge Parish, and communities in Pointe Coupee, East Feliciana, and West Feliciana Parishes.
Across the rest of Louisiana, we represent clients in New Orleans, Lafayette, Lake Charles, and Shreveport, as well as throughout South Louisiana and north Louisiana. In Mississippi, our team serves workers in Jackson, Madison, Hattiesburg, Southaven, the Gulf Coast, the Delta, and north Mississippi. Whether your injury happened at a Baton Rouge plant, on a job site, or on the road, the claim is handled the same way: with attention to the medical detail that brain injuries demand.
Talk With a Baton Rouge Head and Brain Injury Attorney Today
If you hit your head on the job and the symptoms have not gone away, or the insurance company is questioning whether your injury is real, a Baton Rouge head and brain injury attorney from Lunsford, Baskin & Priebe can review what happened and explain where your claim stands. The consultation is free, you pay no fee unless we recover benefits for you, and our phones are answered around the clock. Call us today or send us your case details so we can start protecting your medical care and your income while you focus on recovering.
