Metairie Head & Brain Injury Lawyer
A head injury at work rarely announces itself the way a broken bone does. A worker can stand up after a fall from a ladder, finish the shift, and not realize anything is wrong until the headaches, memory gaps, and mood changes show up days later. That delay is exactly what insurance carriers use against injured people. Lunsford, Baskin & Priebe PLLC is a workers’ compensation firm that represents injured workers and accident victims in Metairie, throughout Jefferson Parish, and across Louisiana and Mississippi, including serious traumatic brain injury and concussion cases.
If you are looking for a Metairie head & brain injury lawyer, the first thing to know is that most head injuries in this area arise in one of two ways: on the job, where the claim runs through the workers’ compensation system, or in a crash or hazardous-premises incident caused by someone other than your employer, where a separate injury claim may exist. Sometimes both are true at once. Sorting out which path applies, and making sure the two do not undermine each other, is where the work starts.
Brain injuries also behave differently from other claims. Symptoms can shift over months, imaging can look normal even when function is clearly impaired, and the people best placed to document the damage are often neurologists, neuropsychologists, and vocational specialists rather than the first emergency room doctor. A claim built only on the first visit’s paperwork tends to undersell what the injury really costs.
How Head and Brain Injury Claims Actually Unfold
Here is the usual sequence. The injury happens, the worker is evaluated at an emergency department, and a CT scan comes back clear. The worker is told it is “just a concussion” and sent home with instructions to rest. A week later the worker is still getting migraines, cannot concentrate at a computer screen, is sensitive to light and noise, and is forgetting instructions that used to be routine. Back at work, supervisors notice the change before the worker does.
This is where claims get into trouble. The adjuster sees a clear scan and a short first visit and treats the matter as minor. When follow-up treatment is requested, such as a neurology referral, neuropsychological testing, or vestibular therapy, the carrier may question whether it is necessary. In Louisiana workers’ compensation, a denial of requested medical treatment goes through a defined review process. The disputing party has 15 calendar days from written notice of the denial to file the dispute form with the Office of Workers’ Compensation, and the agency’s medical director then has 30 calendar days to issue a decision. Missing that first window can cost real leverage.
From there, a claim that cannot be resolved informally moves before a workers’ compensation judge. In Louisiana, the injured worker chooses where the hearing is held from among the parish where the injury happened, the parish where the worker lived at the time, or the parish of the employer’s principal place of business. A final judgment can be appealed to the appropriate Louisiana court of appeal. For Jefferson Parish, that is the Fifth Circuit. The appeal deadline is 30 days if the appeal suspends the judgment and 60 days if it does not.
Why Choose Lunsford, Baskin & Priebe for a Brain Injury Claim
Lunsford, Baskin & Priebe PLLC represents injured workers throughout Metairie and Jefferson Parish, across Louisiana and Mississippi, and the focus of the firm is workers’ compensation. Most lawyers who take comp cases are personal injury attorneys who handle a work injury only when one walks in. The firm has recovered more than $100 million in settlements for clients, and it was ranked by Best Law Firms in 2026 for Workers’ Compensation Law, Claimants, in Jackson.
Andrew Rueff has tried dozens of jury and bench trials to verdict and handles personal injury and insurance matters at the appellate level. Keaton Belk and Erin Heimlicher round out the attorney team.
Results matter when a head injury comes with a long recovery. The firm 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 when he was struck in his work vehicle, and $221,000 for a land-based oil rig worker with severe burns. Clients describe a team that listens, communicates, and stays in the fight with the insurance company. There is no fee unless the firm recovers for you, consultations are free, the firm advances case costs, phones are answered around the clock, and Spanish-speaking clients can work with the team in their own language.
Common Sources of Head and Brain Injuries in the Metairie Area
- Falls from Ladders, Scaffolds, and Roofs: Construction and repair work across Jefferson Parish, including post-storm roofing and renovation, produces falls where the head strikes concrete, steel, or a lower structure. Even a helmeted worker can sustain a concussion or worse.
- Struck-By and Falling Object Injuries: Tools, materials, and equipment dropped from above on job sites, warehouses, and industrial facilities are a leading cause of blunt head trauma. These are typically workers’ compensation claims, and in some cases a third-party contractor claim as well.
- Vehicle Crashes While Working: Delivery drivers, truck drivers, project managers, and sales staff are hit on I-10, Veterans Memorial Boulevard, and the Causeway approaches. A head injury from a crash with a negligent driver can support both a comp claim and a separate personal injury claim.
- Industrial and Oilfield Accidents: Plant, dock, and rig work across south Louisiana exposes workers to explosions, equipment failures, and heavy-load incidents that can cause traumatic brain injury along with burns or fractures.
- Slip and Fall Head Injuries: Wet floors, poor lighting, and uneven walking surfaces cause head strikes in warehouses, restaurants, hospitals, and retail settings. If a property owner other than your employer is responsible, a premises liability claim may be available.
- Repetitive Impact and Blast Exposure: Not every brain injury comes from one dramatic event. Cumulative exposure and concussive force over time can produce lasting cognitive symptoms that carriers often attribute to something else.
- Delayed or Misdiagnosed Concussions: Normal imaging does not rule out a brain injury. Claims that start with a missed or minimized diagnosis require careful medical follow-up to establish what actually happened.
What to Do After a Head Injury at Work or in a Crash
Get medical care first, and tell every provider that you hit your head, even if it seemed minor at the time. Describe every symptom, including ones that feel embarrassing or vague, such as irritability, trouble finding words, or sensitivity to light. The earliest medical records become the foundation of the claim, and gaps in them become the carrier’s argument later.
Report the injury to your employer right away. In Louisiana, notice should be given within 30 days of the accident, and a formal claim generally has to be filed within one year of the injury date, though that period can extend to three years from the last compensation payment if benefits have been paid. Mississippi workers have the same 30-day reporting rule and generally two years to file with the Mississippi Workers’ Compensation Commission. Waiting rarely helps, and with a brain injury, waiting often means symptoms get attributed to something unrelated.
Write down what you remember about the accident while you still do. Gather the names of coworkers who saw it, keep every medical record and prescription receipt, and keep a simple daily record of symptoms: headaches, dizziness, memory lapses, sleep problems, and anything you can no longer do at work or at home. Family members often notice changes you do not, so ask them to note what they see. Do not give a recorded statement to the insurance adjuster before talking with a lawyer, and do not assume the first doctor the carrier sends you to will order the testing you need.
If someone other than your employer contributed to the injury, such as another driver or a subcontractor, preserve evidence of that too: photographs, the crash report, and contact information for witnesses. A claim against a third party in Louisiana for an injury occurring on or after July 1, 2024 generally carries a two-year prescriptive period. Louisiana also now bars recovery for a claimant found 51 percent or more at fault for causes of action arising on or after January 1, 2026, so how fault is documented from the start matters more than it used to.
Workers’ Compensation and Injury Claims Together
When a head injury happens on the job, workers’ compensation pays for reasonable and necessary medical care and replaces part of your lost wages. Louisiana benefits include temporary and permanent disability payments and supplemental earnings benefits if you return at reduced pay. Supplemental earnings benefits apply when the worker cannot earn 90 percent or more of pre-injury wages, and they are calculated as two-thirds of the difference between the pre-injury wage and what the worker earns or is able to earn. They can run until the worker is released to full duty, returns to pre-injury earnings, or reaches the 520-week limit, with temporary total disability weeks counting toward that limit.
Brain injury cases often turn on whether the worker can realistically return to the same job. Cognitive fatigue, slowed processing, and difficulty with multitasking do not show up on an X-ray, but they can end a career in a safety-sensitive or detail-heavy position. Documenting those limits through treating physicians, neuropsychological testing, and vocational evidence is what separates a claim that is closed prematurely from one that reflects the real loss.
Where a negligent third party is involved, such as a driver who struck a work vehicle, you may have a personal injury claim in addition to comp benefits. That claim can address losses comp does not, and the firm’s personal injury attorneys coordinate it with the workers’ compensation case so the two do not conflict. In wrongful death situations, Louisiana’s period is the longer of one year from the death or two years from the date the injury was sustained.
Frequently Asked Questions About Head and Brain Injury Claims
Can I file a workers’ compensation claim for a concussion?
Yes. A concussion that results from a workplace accident is a compensable injury in Louisiana, and it qualifies for medical treatment and wage benefits just like any other work injury. The key is documenting the head strike, the symptoms, and the treatment from the beginning.
What if my CT scan or MRI came back normal?
A normal scan does not rule out a brain injury. Concussions and many traumatic brain injuries affect how the brain functions without producing a visible abnormality on standard imaging. Neurological evaluation and neuropsychological testing are often what establish the injury, and insurers who point to a clear scan are ignoring that distinction.
How long do I have to report a head injury to my employer?
In both Louisiana and Mississippi, you should report within 30 days of the accident. Report as soon as you can, in writing if possible, and mention the head strike specifically.
How long do I have to file a claim in Louisiana?
A formal workers’ compensation claim generally must be filed within one year of the date of injury. If the employer or insurer has paid compensation benefits, the deadline may extend to three years from the last payment. Because exceptions depend on the facts, it is safest to speak with a lawyer early.
What happens if the insurance company denies my neurology referral or testing?
In Louisiana, a medical treatment denial can be challenged through the utilization review process. The dispute form must be filed with the Office of Workers’ Compensation within 15 calendar days of receiving written notice of the denial, and the agency’s medical director then has 30 calendar days to decide. If you disagree with that decision, a further filing is due within 45 days of the decision’s issuance. These deadlines are short, which is why a denial letter should be reviewed quickly.
Can I be fired for filing a claim after a head injury?
Louisiana and Mississippi both prohibit retaliation against workers for filing a comp claim. If you were disciplined, demoted, or terminated after reporting your injury, tell your attorney during the consultation so the circumstances can be reviewed.
What if I had a prior concussion or a pre-existing condition?
A pre-existing condition does not automatically defeat a claim. If your work accident caused, aggravated, or accelerated the condition, you may still be entitled to benefits. Insurers raise this argument often in head injury cases, and answering it requires clear medical evidence comparing your condition before and after the accident.
Can I get both workers’ compensation and a personal injury settlement?
Often yes, when a third party other than your employer caused the injury. The comp claim covers medical care and wage benefits regardless of fault, while the injury claim against the responsible party can seek additional damages. The two claims have to be handled carefully because they affect each other.
Does being partly at fault hurt my injury claim in Louisiana?
It can. For causes of action arising on or after January 1, 2026, a claimant found 51 percent or more at fault recovers nothing in a negligence case, and a lower share of fault reduces the award proportionally. Earlier causes of action remain under pure comparative fault. Workers’ compensation benefits, by contrast, do not depend on who caused the accident.
How long does a brain injury claim take?
There is no fixed timeline. Cases often cannot settle responsibly until the worker reaches maximum medical improvement, because the long-term effects of a brain injury take time to become clear. Settling early, before the full picture is known, is one of the most common and costly mistakes.
Do I need a lawyer if my benefits have not been denied?
Not every claim requires one, but a head injury is a strong reason to consult early. If you are out of work for an extended period, if the carrier is pushing you back to work before your doctor clears you, or if treatment is being questioned, having a lawyer involved from the start tends to prevent problems rather than fix them afterward.
Serving Metairie Head and Brain Injury Clients Across Jefferson Parish and Beyond
From Metairie itself, including the Old Metairie, Lakeside, Fat City, and Bucktown areas, our team represents injured workers and accident victims throughout Jefferson Parish. We also serve clients in neighboring communities such as Kenner, Harahan, River Ridge, Elmwood, Jefferson, Westwego, Marrero, Gretna, Harvey, Terrytown, and Avondale, as well as nearby New Orleans and the rest of the metro area.
Our work extends across South Louisiana, including Baton Rouge, Lafayette, Lake Charles, and Houma, and north to Shreveport. We also represent injured workers in Mississippi, from Jackson and Madison to Hattiesburg, Southaven, the Gulf Coast, and the Delta. Whether the injury happened on a Metairie job site, a Jefferson Parish highway, or an industrial site elsewhere in either state, the firm handles head and brain injury claims for workers wherever they live.
Talk With a Metairie Brain Injury Attorney Today
If a head injury has changed how you think, work, or live, you do not have to sort out the insurance company’s response on your own. A Metairie brain injury attorney at Lunsford, Baskin & Priebe can review what happened, explain which claims apply, and start protecting your deadlines and your medical care right away. Our phones are answered 24 hours a day, consultations are free, and you pay no fee unless we recover benefits or a settlement for you. Call today and tell us what happened.
