Mississippi Traumatic Brain Injury Lawyer
A brain injury claim succeeds or fails on one thing: whether the medical record, the work history, and the testimony of people who knew you before the injury all tell the same story about what changed. Lunsford, Baskin & Priebe PLLC represents injured workers and accident victims throughout Mississippi and Louisiana, and when the injury is a Mississippi traumatic brain injury lawyer matter, our job is to build that story before the insurance company has a chance to tell a different one.
Head trauma at work rarely looks the way people expect. A scaffold fall, a struck-by accident at a plant, a rollover on a delivery route, or a blow from a swinging load can all produce a brain injury, and the worker often walks away talking. Headaches, memory gaps, irritability, trouble concentrating, dizziness, and sleep problems can show up hours or weeks later. By then the employer’s incident report may say “minor,” the first emergency room visit may have focused on a broken wrist, and the insurer has a ready argument that nothing serious happened.
Mississippi workers’ compensation covers a worker from the first day on the job, with no waiting period, and the injury does not have to leave a visible mark to be compensable. What it does require is proof, and with brain injuries the proof usually has to be assembled deliberately.
How a Brain Injury Claim Differs From a Typical Work Injury Case
A herniated disc shows up on an MRI. A mild or moderate traumatic brain injury often does not. Standard CT scans frequently come back normal even when a worker has real cognitive and emotional changes, which is why insurers lean on those early “negative” results. The evidence that carries these claims tends to come from somewhere else: neurologists, neuropsychological testing that measures memory, processing speed, and executive function, treating physicians who document symptoms consistently from the first visit, and statements from coworkers and family describing the person before and after.
The disability picture is also harder to pin down. A worker with a shoulder injury is either released to lift or not. A worker with a brain injury may be physically capable but unable to hold a job because of fatigue, light sensitivity, slowed thinking, or mood changes. Mississippi pays temporary total and permanent total disability at two-thirds of the average weekly wage, up to the statutory weekly maximum and not beyond 450 weeks. Proving that a cognitive injury actually prevents work, and that it is permanent when it is, is often the central fight in the case.
Why Choose Lunsford, Baskin & Priebe for a Brain Injury Claim
Lunsford, Baskin & Priebe PLLC is a workers’ compensation firm representing injured workers across Mississippi and South Louisiana. Rob Lunsford, our founding partner, has spent his entire legal career representing injured workers, and our attorneys bring over 75 years of combined experience to claims that have been denied, delayed, or cut off. Clients can reach us around the clock, consultations are free, we advance the costs of the case, and we are paid only if we recover for you. Hablamos español.
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 for Workers’ Compensation Law, Claimants, in Jackson. Andrew Rueff has successfully tried dozens of jury and bench trials to verdict and regularly appears before the Mississippi Workers’ Compensation Commission. Keaton Belk and Erin Heimlicher round out the attorney team.
Our results show how seriously we treat injuries that are hard to prove. We secured $685,000 for a surgical tech with a lower back injury, $600,000 for a construction worker with a complex back injury, and $385,000 for a project manager injured after being struck in his work vehicle. Across the firm, we have recovered more than $100 million in settlements. Clients describe a team that listens, explains each step, and stays in the fight with the insurance company. Those are the qualities a brain injury case demands, because these claims run long and the medical picture changes over time.
Where Work-Related Brain Injuries Come From
- Falls From Height: Roofers, ironworkers, scaffold erectors, and linemen face the most direct route to head trauma. Even a fall of a few feet onto concrete can cause a concussion or worse, and helmets do not always prevent injury.
- Vehicle Collisions on the Job: Truck drivers, delivery drivers, and workers traveling between job sites on Mississippi highways and interstates can suffer head injuries from impact with the steering wheel, window, or a shifting load. These cases may also support a separate claim against the at-fault driver.
- Struck-By and Falling Object Accidents: Construction sites, warehouses, shipyards on the Gulf Coast, and industrial plants produce injuries from dropped tools, swinging cargo, and collapsing materials.
- Oil Field and Industrial Accidents: Derrickhands, roughnecks, and plant workers can be hit by pipe, equipment, or pressure releases. Explosions and blasts can cause brain injury even without direct impact to the head.
- Assaults on Healthcare and Public Safety Workers: Nurses, aides, corrections staff, and first responders sometimes suffer head injuries from combative patients or individuals in custody.
- Slip and Trip Accidents: Wet floors, loose cords, and poor lighting in retail, restaurants, hospitals, and warehouses cause falls onto hard surfaces every day.
- Repeated Head Impacts and Toxic Exposure: Not every brain injury comes from one event. Some workers develop cognitive problems from repeated trauma or chemical exposure, which can complicate when the claim began and what caused it.
What to Do After a Head Injury at Work in Mississippi
Get evaluated the same day, even if you feel mostly fine. Tell the provider you hit your head, lost consciousness, or felt dazed, and describe every symptom, including ones that seem unrelated like light sensitivity, nausea, or trouble finding words. Insurers read early medical records closely, and a note that says “denies head injury” can haunt a claim for years. If you are sent to an employer-chosen clinic, be honest but thorough, and follow up with a neurologist if symptoms persist.
Report the injury to your employer in writing as soon as you can. Mississippi requires notice within 30 days of the accident, and reporting immediately removes any argument about timing. Keep a copy. Brain injuries make this harder than it sounds because the injured worker may not remember the details of the accident, so ask coworkers who saw what happened to write down what they observed while it is fresh.
Keep a simple daily record of symptoms: headaches, missed words, forgotten tasks, mood changes, sleep problems, missed work. Ask a spouse or family member to note what they see too. This kind of record often becomes persuasive evidence when a neuropsychologist or a Commission judge is deciding how real and how lasting the impairment is.
The legal deadline to file is separate from the notice requirement. In Mississippi, if no disability benefits have been paid within two years of the injury, you generally lose the right to benefits unless a claim has been filed with the Mississippi Workers’ Compensation Commission during that time. The petition to controvert is the usual way to start a contested claim. Because brain injury symptoms can emerge slowly, do not wait to see whether things improve before calling a lawyer.
Claims in Mississippi are decided by the Commission, not a court. Cases are heard by an Administrative Judge at an evidentiary hearing, and either side can seek review by the Full Commission, which examines the record made at the first hearing rather than holding a new trial. That makes the record everything. A final Commission award can be appealed to the Mississippi Supreme Court within 30 days, and the Supreme Court often assigns those cases to the Mississippi Court of Appeals. Because appeals are decided only on the record already made, the medical evidence and testimony have to be right the first time.
One mistake we see often is giving a recorded statement to the adjuster without preparation. A worker with a brain injury may struggle to recall details, and an offhand answer can be treated as an inconsistency. Another is returning to full duty too early because of pressure from the employer or the carrier, then failing at the job and being blamed for it. A third is stopping treatment because the insurer stops authorizing it. We handle those conversations so you can focus on recovery.
Wage Benefits, Medical Care, and Settlement in Brain Injury Cases
Medical benefits should cover all reasonable and necessary treatment: neurology, neuropsychological testing, cognitive therapy, vision and vestibular therapy, counseling for depression or anxiety after the injury, and medication. Insurers often resist the more specialized care, so authorization fights are common.
Wage replacement is two-thirds of your average weekly wage, up to a statutory maximum that is adjusted periodically. Temporary total disability applies while you are recovering and cannot work. Once you reach maximum medical improvement, the question becomes permanent disability, and in a brain injury case that means proving how the impairment affects your ability to earn a living, not just your physical restrictions. Vocational evidence, work history, and neuropsychological findings all matter here.
Settlement timing deserves patience. Brain injuries often continue to evolve for a year or more, and settling before you know your long-term limitations can leave you without coverage for care you later need. We generally want a clear medical picture before negotiating, and we evaluate any offer against what the injury is likely to cost over time, including future medical care and lost earning capacity.
If someone other than your employer caused the injury, such as a negligent driver or a contractor who ran an unsafe site, you may also have a personal injury claim. Mississippi follows pure comparative negligence, so your recovery is reduced by your share of fault rather than barred, and the general three-year limit for negligence claims applies, with a one-year limit when a county or government agency is involved. Our team coordinates the two claims so that one does not undercut the other.
Questions About Mississippi Brain Injury Claims
Can I get workers’ compensation for a concussion?
Yes. A concussion is a traumatic brain injury, and if it happened because of your work, it is compensable. Mild injuries often resolve, but when symptoms linger, the claim can include ongoing treatment and wage benefits.
How long do I have to report a head injury to my employer?
Mississippi requires notice to your employer within 30 days of the accident. Report it in writing as soon as possible, and do not wait for symptoms to become obvious.
What is the deadline to file a claim with the Commission?
Generally two years from the date of injury, or from the last compensation payment, if benefits have been paid. If nothing has been paid and no claim is filed in that window, the right to benefits can be lost.
Do I need a lawyer for a brain injury claim?
Not every claim requires one, but brain injury cases are among the most contested because the symptoms are hard to measure. If benefits have been denied, if the insurer disputes that the injury is work-related, or if you cannot return to your old job, an attorney makes a real difference.
What if my CT scan or MRI was normal?
A normal scan does not rule out a brain injury. Many concussions and mild traumatic brain injuries do not appear on standard imaging. Neurological evaluation and neuropsychological testing are often the evidence that establishes the injury.
How much does it cost to hire your firm?
Nothing up front. Consultations are free, we advance case costs, 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.
The insurance company says my symptoms are from a pre-existing condition. Can they do that?
They often try. A prior condition does not end your claim if your job caused, worsened, or accelerated the problem. Prior concussions, anxiety, or ADHD are common targets, and answering those arguments with clear medical evidence is a core part of our work.
Can my employer fire me because of my injury or my claim?
Mississippi protects workers from being fired in retaliation for filing a compensation claim. If you were let go or disciplined after reporting a head injury, tell us right away so we can review it.
Will my family’s observations count as evidence?
Yes. Because brain injuries change personality, memory, and behavior, testimony from a spouse, relatives, and coworkers who knew you before and after can be among the most persuasive proof of how the injury affected your life and work.
Can I receive Social Security disability while my comp claim is pending?
It is possible to apply for Social Security disability alongside a workers’ compensation claim, but the two programs interact, and compensation payments can affect the amount of Social Security benefits. Talk with your attorney before settling so the structure of the settlement does not cost you more than necessary.
What happens if a brain injury case goes to a hearing?
An Administrative Judge at the Commission hears testimony and reviews the medical evidence. Treating physicians, neuropsychologists, the injured worker, and sometimes family members and vocational experts give evidence. Either side can then seek review by the Full Commission, and a final award can be appealed to the Mississippi Supreme Court.
Serving Brain Injury Clients Across Mississippi
Our team represents injured workers statewide, from Jackson and the surrounding Hinds County communities of Clinton, Byram, Terry, and Raymond, to Madison, Ridgeland, and Brandon in the Jackson metro. We serve clients on the Gulf Coast, including Gulfport, Biloxi, and Pascagoula, and in Hattiesburg and the Pine Belt, as well as in Meridian, Vicksburg, Natchez, and Tupelo. In north Mississippi, we help workers in Southaven, Olive Branch, Oxford, and Corinth, and throughout the Delta, including Greenville, Cleveland, Clarksdale, and Greenwood.
Mississippi’s industries produce serious head injuries in every region: construction and industrial work in the Jackson area, shipbuilding and port work on the coast, trucking along the interstate corridors, oil field work in the southern part of the state, and manufacturing and agricultural work across the Delta and north Mississippi. We also represent workers in South Louisiana, including New Orleans, Baton Rouge, Lafayette, and Lake Charles, as well as north Louisiana communities like Shreveport.
Talk to a Mississippi Brain Injury Attorney Today
If a head injury at work has changed how you think, feel, or function, you should not have to prove it alone against an insurer with adjusters and lawyers on its side. A Mississippi traumatic brain injury attorney at Lunsford, Baskin & Priebe can review your medical records, explain where your claim stands, and tell you what has to happen next. Our phones are answered 24 hours a day, consultations are free, and you pay no fee unless we recover benefits for you. Call us or send your case details, and we will take it from there.
