Louisiana Traumatic Brain Injury Lawyer
The goal in a brain injury case is straightforward to state and hard to achieve: get the treatment approved, keep the wage checks coming, and make sure the full scope of the injury is on the record before anyone talks about a settlement. Lunsford, Baskin & Priebe PLLC is a workers’ compensation firm that represents injured workers across Louisiana and Mississippi, and a Louisiana traumatic brain injury lawyer from our team handles the medical fights, benefit disputes, and appeals that these claims generate.
Brain injuries are unusual because the person who has one is often the worst-positioned to prove it. Memory gaps, slowed thinking, headaches, mood changes, and trouble tolerating noise or light do not show up on a fracture X-ray. An adjuster looks at a clean-looking scan, hears that the worker “seems fine,” and starts asking whether the problem is really work-related. Louisiana workers come into these claims from offshore and onshore oil work, plants along the river, construction sites, trucking, and warehouses, and a fall, a struck-by incident, or a collision on the job can leave a lasting cognitive injury even when the initial emergency room visit ended with “mild concussion.”
What Makes a Brain Injury Claim Harder Than Other Work Injury Cases
Most workers’ compensation disputes are about whether an injury happened at work. A brain injury dispute is usually about something subtler: how bad it is, whether it is still getting better, and whether the symptoms are real. Insurers lean on a few predictable arguments. They point to a normal CT or MRI and say there is no injury. They attribute memory or mood problems to stress, depression, or the worker’s life outside of work. They schedule an independent medical exam with a physician who spends a short time with the worker and writes a report that favors the carrier.
The answer is medical proof assembled early and kept consistent. That generally means documentation from the first responders and emergency physicians describing the mechanism of injury, follow-up with a neurologist or other specialist, neuropsychological testing that measures attention, memory, processing speed, and executive function, and statements from coworkers, supervisors, and family members who can describe the change they have seen. When a treating physician says the worker cannot safely climb, drive, operate equipment, or hold a job requiring sustained concentration, that opinion carries real weight in the benefits calculation, and our attorneys make sure it is in the record in a form the workers’ compensation judge can use.
Why Choose Lunsford, Baskin & Priebe for a Louisiana Brain Injury Claim
Lunsford, Baskin & Priebe PLLC represents injured workers throughout South Louisiana, north Louisiana, and across Mississippi, including New Orleans, Baton Rouge, Lafayette, Lake Charles, and Shreveport. We have recovered more than $100 million in settlements for our clients, and we work on a no recovery, no fee basis. Consultations are free, we advance the costs of the case, and our phones are answered 24 hours a day. We also speak Spanish; hablamos español.
Rob Lunsford, our 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, and the firm was ranked by Best Law Firms in 2026 for Workers’ Compensation Law, Claimants, in Jackson. Andrew Rueff has successfully tried dozens of jury and bench trials to verdict, experience that matters when a carrier will not move without a hearing. Keaton Belk and Erin Heimlicher round out the attorney team.
Our results include a $685,000 settlement 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. Those cases involved serious injuries, contested medical evidence, and insurers who initially offered far less. Clients describe a team that listens, stays responsive, and goes up against the insurance company on their behalf.
Situations That Lead to Brain Injury Workers’ Compensation Claims
- Falls from Height: Scaffolds, ladders, roofs, and elevated platforms on construction and industrial sites are a leading source of head trauma, and a fall can cause both a brain injury and orthopedic injuries that distract from the cognitive symptoms.
- Struck-By Incidents: Dropped tools, swinging loads, falling pipe, and moving equipment strike workers in the head on oil field locations, in plants, and on docks and shipyards.
- Vehicle Collisions on the Job: Truck drivers, delivery drivers, and workers traveling between sites can suffer concussions and more serious brain injuries in wrecks along I-10, I-12, I-20, and the state’s highway network. A negligent third-party driver may also create a separate injury claim.
- Explosions and Blast Events: Refinery, plant, and rig accidents can combine burns, impact injuries, and pressure-related trauma to the brain.
- Repeated Concussions: Workers who take several lesser blows over time may develop cumulative symptoms that are harder to tie to a single incident, which makes careful documentation of each event important.
- Slips and Falls on Level Surfaces: Wet floors, uneven ground, and cluttered walkways in warehouses, hospitals, and retail settings can send a worker’s head into the floor or a fixture.
- Delayed-Onset Symptoms: Some workers feel only a headache at first and develop memory, balance, or personality changes days or weeks later, which insurers use to question the connection to work.
- Brain Injury Combined with Other Trauma: Spine, shoulder, and fracture injuries often accompany head trauma, and the combined disability picture affects both medical care and wage benefits.
What to Do After a Head Injury at Work in Louisiana
Get evaluated, even if you feel okay. Adrenaline and the injury itself can mask symptoms, and the first medical record sets the tone for the whole claim. Tell the provider exactly how you were hurt and that it happened at work, and mention every symptom, including dizziness, confusion, nausea, sensitivity to light, and trouble remembering what happened. Do not minimize. A note that says “no complaints” on day one is exactly what an adjuster will quote months later.
Report the injury to your employer promptly. Louisiana requires notice within 30 days of the accident, and no compensation proceeding can be maintained without it, so put the report in writing and keep a copy. A formal claim generally has to be filed within one year of the accident, though that period can stretch to three years from the last compensation payment if benefits have been paid. Workers with cognitive symptoms are especially at risk of missing these windows because they forget, and family members should help track dates.
Keep a symptom journal, gather the names of coworkers who saw the incident, and save every medical record, work restriction, and piece of correspondence from the insurer. Be cautious about recorded statements to the adjuster, especially while you are still foggy or medicated. If the carrier denies a treatment recommendation, such as neuropsychological testing, specialist care, or therapy, there is a short fuse: a utilization review dispute is started by filing Form 1009 with the Office of Workers’ Compensation Administration within 15 calendar days of the written denial, and the medical director then has 30 calendar days to decide. If you disagree with that decision, Form 1008 must be filed within 45 days of its issuance.
Disputes over benefits are heard by a workers’ compensation judge at one of the state’s district offices, located in places such as New Orleans, Baton Rouge, Lafayette, Lake Charles, Monroe, and Shreveport. The worker generally chooses among the parish where the injury occurred, the parish where the worker lived, or the parish of the employer’s principal place of business. A judgment can be appealed to the proper Louisiana court of appeal, with the deadline running 30 days when the appeal suspends the judgment and 60 days when it does not.
Wage Benefits, Medical Care, and Settlement Issues in Brain Injury Cases
Louisiana workers’ compensation pays reasonable and necessary medical treatment, and for a brain injury that can include neurology, neuropsychology, cognitive and vestibular therapy, counseling, and medication. Wage benefits begin as temporary total disability while you cannot work. If you return at lower pay, or cannot earn at least 90 percent of your pre-injury wages, supplemental earnings benefits are available at 66 2/3 percent of the difference between what you earned before and what you earn or are able to earn now. Those benefits can run until you return to full duty, regain pre-injury wages, or reach the 520-week maximum, and weeks of temporary total disability count toward that limit. Weekly rates are set by a statutory maximum tied to the date of the accident and are not adjusted afterward.
Brain injuries complicate return-to-work questions. A physician may release a worker to light duty based on physical ability while ignoring cognitive limits, and an insurer may then argue that jobs exist that the worker cannot actually perform safely. Vocational evidence, functional testing, and detailed physician restrictions are how we push back. Settlement timing matters too. Settling before you reach maximum medical improvement, or before the long-term cognitive picture is clear, can leave you paying for future care out of pocket. Our attorneys evaluate future medical needs, lost earning capacity, and Medicare considerations before recommending any resolution.
If someone other than your employer caused the injury, such as a negligent driver or a contractor with an unsafe site, you may have a separate personal injury claim. Louisiana’s delictual action period is generally two years for injuries on or after July 1, 2024, and for causes of action arising on or after January 1, 2026 a plaintiff found 51 percent or more at fault recovers nothing, with lesser fault reducing the award proportionally. We coordinate comp and injury claims so one does not undermine the other. Where a worker has died from a head injury, wrongful death claims generally run one year from death or two years from the injury, whichever is longer.
Common Questions About Louisiana Brain Injury Claims
Do I need a lawyer for a traumatic brain injury workers’ compensation claim?
Brain injury claims are among the most contested because symptoms are hard to see and easy to dispute. If benefits have been denied, delayed, or cut off, or if you are going to be out of work for a long time, a lawyer can make a major difference. The insurer has adjusters and attorneys; you should have someone on your side too.
How much does it cost to hire your firm?
Nothing up front. Consultations are free, we advance the costs of your case, and we are paid only if we recover benefits or a settlement. Attorney fees in workers’ compensation cases are limited and approved under state law.
How long do I have to report a head injury at work in Louisiana?
Report it to your employer within 30 days of the accident, and do it in writing. A formal claim generally must be filed within one year of the date of injury, with an extension to three years from the last payment if compensation has been paid.
What if my CT scan or MRI came back normal?
A normal scan does not mean there is no brain injury. Concussions and many mild traumatic brain injuries do not appear on standard imaging. Neuropsychological testing, specialist evaluations, and consistent symptom documentation can establish the injury and its effects on your ability to work.
Can the insurance company say my symptoms are from a pre-existing condition?
They often try. A prior concussion, depression, or age-related change does not automatically end your claim. If your work accident caused, worsened, or accelerated the condition, you may still be entitled to benefits, and strong medical evidence is how that argument is answered.
Will workers’ compensation pay for neuropsychological testing and cognitive therapy?
Louisiana covers reasonable and necessary medical treatment related to the work injury. If the carrier refuses to authorize testing or therapy your doctor recommends, there is a 15-calendar-day deadline to file Form 1009 with the Office of Workers’ Compensation Administration to challenge the denial.
What if I cannot remember how the accident happened?
Memory loss around the event is common with head trauma. Coworker statements, supervisor reports, incident logs, surveillance footage, and emergency medical records can fill in the details. The sooner those sources are identified, the better.
Can I be fired for filing a brain injury claim?
Both Louisiana and Mississippi protect workers from retaliation for filing a comp claim. If you were let go or disciplined after reporting your injury, tell us during your consultation so we can review your options.
Can I also sue someone other than my employer?
Possibly. If a negligent driver, a contractor, or an equipment manufacturer contributed to your injury, you may have a third-party claim in addition to workers’ compensation. Those claims have their own deadlines and fault rules, so it is worth raising early.
What happens if a workers’ compensation judge rules against me?
The decision can be appealed to the appropriate Louisiana court of appeal. The deadline is 30 days for an appeal that suspends the judgment and 60 days for one that does not, and the period runs from the day after the judgment is signed or notice is mailed, whichever is later. A further writ application to the Louisiana Supreme Court is possible within 30 days of notice of the appellate judgment.
Will my health insurance cover brain injury care while my claim is pending?
That depends on the plan and on whether the carrier has accepted the claim. Many health plans exclude work injuries, which is one reason fighting for authorization of comp medical care matters. Do not delay treatment, and tell us if bills are piling up so we can address it.
Do you represent Spanish-speaking workers with head injuries?
Yes. Hablamos español, and Spanish-speaking clients can work with our team in their own language from the first call to the end of the case.
Representing Brain Injury Clients Across Louisiana and Mississippi
Our Louisiana work extends from New Orleans and the river parishes through Baton Rouge, Lafayette, and Lake Charles, and up to Shreveport and the rest of north Louisiana. We handle claims for workers in Metairie, Kenner, Slidell, Houma, Thibodaux, Hammond, Covington, Gonzales, New Iberia, Opelousas, Alexandria, Monroe, and Bossier City, and for oil field and plant workers who commute to job sites throughout South Louisiana.
We also represent injured workers across Mississippi, from Jackson and Madison to the Gulf Coast, Hattiesburg, Southaven, north Mississippi, and the Delta. Wherever the injury happened, the benefits fight looks similar: medical evidence that the insurer has to answer, a prompt report to the employer, and deadlines that cannot be missed.
Talk With a Louisiana Brain Injury Attorney Today
If a head injury at work has changed how you think, remember, or function, you do not have to fight the insurance company alone. A Louisiana brain injury attorney at Lunsford, Baskin & Priebe can review your records, explain which deadlines apply, and start building the medical case your claim needs. Call us any time, day or night, for a free consultation. You pay no fee unless we recover benefits for you.
