Brain Injury Workers’ Compensation 

Experienced Attorneys Recovering Benefits in Illinois

At IL Work Injury Lawyer, we help injured workers across Chicago and throughout Illinois recover the brain injury workers’ compensation benefits they need to rebuild their lives. Our attorneys are experienced in handling claims for TBIs, working to recover benefits for medical treatment and lost income.

Settlements & Verdicts Recovered by Our Law Firm Based in Chicago

IL Work Injury Lawyer has decades of experience representing workers in complex brain injury cases. We’ve secured substantial settlements and verdicts for clients facing life-changing injuries.

• $2,900,000 Settlement – Michael, a carpenter on a River North construction site, suffered a TBI and multiple fractures after tripping over debris left in a busy walkway. The general contractor’s clear safety violations and the extensive medical treatment required pushed the settlement to nearly $3 million.
• $1,800,000+ Lifetime Payments – Terrence, a construction worker in Chicago’s West Loop, fell from a platform and sustained permanent spinal damage. Unable to return to work, he secured a settlement providing ongoing payments for medical care, rehabilitation, and lost earnings, reflecting the severity and lasting impact of his injuries.
• $990,000 Settlement – Anthony, working at a South Side industrial site, was hit by a forklift driven by an unlicensed coworker. Evidence of negligent hiring and large medical bills helped secure a settlement approaching $1 million.

Why Trust Your Case with IL Work Injury Lawyer

At IL Work Injury Lawyer, our legal team is dedicated to helping injured workers secure the benefits they deserve. Recognized by Super Lawyers and holding a perfect 10/10 Avvo rating, we have recovered more than $500 million for clients across Illinois facing traumatic brain injuries and other serious injuries.

Types of Work-Related Traumatic Brain Injury Cases We Handle

A traumatic brain injury (TBI) occurs when a sudden blow, jolt, or penetrating force disrupts normal brain function. In the workplace, TBIs often result from falls, being struck by falling materials, vehicle accidents, or heavy equipment incidents. These injuries can cause lasting effects on an injured worker’s mobility and ability to return to work.

TBIs are classified into two main categories—primary and secondary—and may be either penetrating or closed.

Primary brain injuries happen at the exact time the workplace accident occurs, often during the workplace accident itself. This can include:

• Intracranial hematomas – Bleeding caused by ruptured blood vessels in or around brain tissue:
  • Subdural hematoma: a blood clot between the brain and dura.
  • Subarachnoid hemorrhage: bleeding under the arachnoid layer.
  • Intracerebral hematoma: bleeding inside the brain tissue.
  • Intraventricular hemorrhage: bleeding into the brain ventricles.
• Skull fractures – Breaks in the skull that can cause further injury or infection:
  • Linear skull fracture: thin crack, often not requiring surgery.
  • Depressed skull fracture: bone pushed inward, possibly requiring surgery to relieve pressure.
  • Basilar skull fracture: fracture at the skull base, which can cause spinal fluid leakage.
• Contusions/coup-contrecoup injuries – Bruising of brain tissue caused by the brain striking the skull during rapid movement, often seen in vehicle accidents.
• Diffuse axonal injury (DAI) – Tearing of brain cell connections from rotational forces, often without direct impact.

Secondary brain injuries develop after the initial trauma due to physiological or metabolic changes in the brain. These include:

• Hypoxia and hypotension (low oxygen or blood pressure)
• Ischemia (restricted blood flow)
• Cerebral edema (swelling that raises intracranial pressure)
• Hydrocephalus (fluid buildup in the brain)
• Second impact syndrome

Penetrating injuries happen when an object breaks through the skull, such as debris from an industrial blast.

Closed injuries leave the skull intact but cause significant internal brain damage.

Most work-related TBIs are closed injuries, yet they can cause severe cognitive impairment and require long-term treatment.

What Are the Most Common Causes of Head Injuries in Illinois Workplaces?

Injuries to the head are a serious concern in many Illinois workplaces, especially in construction, manufacturing, and transportation. Falls from heights, such as scaffolding or ladders, are one of the leading causes of traumatic brain injuries. Slips, trips, and falls on uneven or slippery surfaces can also lead to significant head trauma. 

Another cause is falling objects, including tools or building materials dropped from above. Motor vehicle and heavy equipment collisions—whether on a jobsite or while driving for work—can cause severe TBIs and other injuries. Explosions or blasts from industrial accidents may result in skull fractures or increased intracranial pressure. 

In some industries, chemical exposure can lead to hypoxia, depriving the brain of oxygen and causing long-term neurological disorders. Each of these workplace accidents can create lasting physical, emotional, and financial challenges for the injured worker.

What Benefits Can Injured Workers Recover in Illinois?

Workers’ compensation provides injured workers with financial support and medical coverage after a workplace accident. Benefits include payment for all reasonable medical care and rehabilitation, covering hospital visits, surgeries, medications, and therapy.

If the injury prevents the employee from working during recovery, temporary total disability (TTD) benefits replace a portion of lost wages. Temporary partial disability (TPD) benefits apply when the worker can return to lighter or part-time duties at a reduced wage.

For lasting impairments, permanent partial disability (PPD) or permanent total disability (PTD) benefits may be awarded, depending on the severity and impact on future employment.

Vocational rehabilitation and retraining may be available to help workers transition to new careers. In fatal cases, surviving family members may receive death benefits to cover lost income and funeral expenses.

Some claims may be resolved through lump-sum settlements, providing an agreed-upon payment in place of ongoing benefits. An experienced Chicago workers’ compensation lawyer can help ensure injured workers receive the full benefits they are entitled to under Illinois law.

What Is the Average Workplace Brain Injury Payout?

According to Law.com’s VerdictSearch, the average workers’ compensation settlement is $3,728,866, with a median of $3,135,000. Reported outcomes range from $150,000 to $16,250,000, reflecting the wide spectrum of severity and long-term impact these cases can have.

Several key factors influence settlement value, including:

• Severity of the brain injury 
• Extent of disability, whether partial or total
• Past and future medical bills, such as surgery, rehabilitation, and lifelong treatment
• Lost income and reduced earning potential
• Whether third-party liability is involved

When a brain injury results from third-party negligence—such as faulty equipment, unsafe worksite practices, or subcontractor error—workers may pursue a personal injury claim in addition to workers’ compensation, which can significantly increase total recovery.

Example Cases

$13.9 Million Jury Award in Roofing Fall and Wrongful Death Case

Michael Barraza and Daniel Davila fell from an 18-foot roof during a construction job. Davila was fatally injured, while Barraza suffered a fractured ankle, facial injuries, mild brain damage, and PTSD. The plaintiffs alleged the defendants failed to provide safety equipment, lacked a valid contractor’s license, and had no workers’ compensation coverage at the time. The jury awarded a total of $13,927,677 in compensatory and punitive damages to Barraza and Davila’s surviving family members’ fatal workers’ comp claim.

$11.25 Million Settlement for Severe Traumatic Brain Injury After Elevator Shaft Fall

Salvador Morales, a 35-year-old construction worker, fell four stories through an elevator shaft, sustaining a severe TBI, multiple fractures, and long-term neurological impairments. He underwent several surgeries, including a craniotomy and cranioplasty, and continues to suffer significant cognitive, physical, and functional limitations. The claim resolved with an $11.25 million structured settlement, providing Morales with approximately $33,000 per month for life.

$7.85 Million Settlement for Truck Driver with Permanent Disability After Brain Injury

Jose Juan Padron Rodriguez, a truck driver, sustained a severe brain injury and numerous related complications after being struck in the head or knocked down while unloading rebar. He required brain surgery, developed permanent cognitive damage, and now requires 24-hour subacute care. The defense admitted to 100% permanent disability. The parties reached a $7.85 million structured settlement, in addition to recovered third-party funds, to cover Rodriguez’s lifelong medical and care needs.

$5.86 Million Settlement for an Iron Worker Struck in the Head by a Metal Pole

Gabriel Arzola, 34, suffered a traumatic brain injury after being hit in the back of the head by a metal pole while working at height. He lost consciousness, required extensive medical treatment, and was later diagnosed with post-concussive syndrome, vision, and cognitive problems. Despite rehabilitation, he remains 100 percent disabled and requires daily supervision. The defense disputed the extent of his injuries and his need for long-term care, but the case settled for $5.86 million to cover ongoing support.

$4.7 Million Settlement for a Warehouse Worker Assaulted on the Job

Richard Hernandez, 50, sustained a severe brain injury after being beaten by a co-worker, leaving him unconscious and requiring emergency brain surgery. While his physical appearance improved, he exhibited ongoing behavioral changes tied to the injury. His attorneys argued he needed specialized, long-term care, while the defense pushed for less intensive treatment. The case resolved for $4,705,054.34, ensuring lifelong attendant care.

Why You Need an Experienced Lawyer

Insurers often dispute brain injury claims, arguing that symptoms are unrelated to the accident or that the injury is “mild” and does not warrant significant benefits. These disputes are especially common when symptoms appear days or weeks after the incident. 

Our team understands these tactics and knows how to build strong evidence. We work closely with neurologists, neuropsychologists, and medical imaging experts to document the extent of the injury and its impact on your life. By presenting objective medical proof, we strengthen your claim and improve your chances of securing the compensation you need.

How Common Are Brain Injuries in the Workplace?

According to workers’ comp data from a national study, nearly 7,300 work-related traumatic brain injury (TBI) deaths occurred between 2003 and 2008, averaging 0.8 fatalities per 100,000 workers annually.

In Chicago alone, there have been 23 fatal work-related brain injuries since 2024, according to OSHA.

Where Do Brain Injuries Occur Most Often in Illinois?

In Illinois, and especially in Chicago, brain injuries frequently happen in high-risk work environments. Construction sites across the city remain a leading source of severe injuries, with hazards like falls, falling objects, and equipment accidents. Manufacturing plants and industrial facilities pose dangers from machinery and heavy materials. 

Transportation hubs, including Chicago’s rail yards and trucking depots, see serious injuries from collisions and loading incidents. Warehouses and distribution centers in the region present risks from forklift accidents and falling stock. Even healthcare settings, such as Chicago hospitals and nursing facilities, report brain injuries from patient-related assaults or slip-and-fall incidents.

What Laws Govern Workplace Brain Injury Claims in Illinois?

TBI workers’ compensation claims in Illinois fall under the Illinois Workers’ Compensation Act (820 ILCS 305). This no-fault system allows an injured worker to receive benefits for a job-related brain injury without proving employer negligence. Under section 305/5(a), employees generally cannot bring a direct lawsuit against their employer for a covered head or brain injury. However, if a third party—such as a subcontractor, property owner, or equipment manufacturer—played a role in causing the injury, the worker may pursue a separate personal injury claim. In those cases, Illinois’ comparative negligence law (735 ILCS 5/2-1116) determines how fault and damages are allocated.

How Long Do I Have to File a Brain Injury Claim in Illinois?

Under 820 ILCS 305/6(d), workers in Illinois who suffer a brain injury on the job typically have three years from the date the accident occurs—or two years from the last receipt of benefits, whichever is later—to file a claim. In cases involving third-party liability, the Illinois Statute of Limitations (735 ILCS 5/13-202) generally requires filing a personal injury lawsuit within two years.

Who Is Legally Liable for Work-Related Injuries to the Brain?

In most TBI cases, an injured worker cannot bring a lawsuit against their direct employer due to the no-fault protections of the Workers’ Compensation Act (820 ILCS 305). However, liability may still extend to other parties whose negligence played a role in the incident. 

This could include a subcontractor who failed to follow safety protocols, a property owner who allowed dangerous conditions, or an equipment manufacturer whose defective product caused the injury. If a fall from faulty scaffolding resulted in a traumatic brain injury, for instance, the scaffold manufacturer or maintenance provider could face a separate personal injury lawsuit.

OSHA Recommendations to Avoid Injuries to the Brain

The Occupational Safety and Health Administration (OSHA) requires employers to provide head protection for workers in areas where there is a risk of injury from impact, falling or flying objects, or electrical shock and burns (29 CFR 1926.100). This includes ensuring that hard hats meet OSHA and ANSI safety standards, are properly fitted, and are worn at all times in hazardous areas. 

Employers should also conduct regular safety training, maintain equipment in good condition, and implement fall prevention measures. Following these guidelines can significantly reduce the risk of work injuries, including traumatic brain injuries.

Common Defenses in Cases Involving Brain Injuries

In TBI claims, employers and insurers often argue that the injury is unrelated to work, that symptoms stem from a pre-existing condition, or that there is no objective medical evidence of brain damage. 

We counter these defenses by gathering comprehensive treatment records, securing evaluations from neurologists and neuropsychologists, and using advanced imaging to confirm brain tissue damage. 

We also work with medical providers and vocational experts to connect the injury to the workplace accident and document its impact on the injured worker’s mental health, earning capacity, and daily life. This evidence strengthens your claim for full workers’ comp benefits.

How to Strengthen Your Claim Following a Brain Injury in Chicago

To protect your right to benefits in Chicago, you must report the incident to your employer within 45 days as required by 820 ILCS 305/6(c). Any delay can make it harder to prove your case. 

Seek immediate medical care, and ensure your medical providers document that the brain injury was caused by a workplace accident. Keep copies of all medical records, details of time off work, and notes on symptoms. 

Before speaking with an insurer, consult an experienced lawyer who can secure evidence, handle communications, and work to maximize your benefits.

How a Brain Injury Workers’ Comp Lawyer Can Help

A work injury lawyer is essential in helping injured workers obtain the full benefits they deserve. We will collect evidence, consult with neurologists and other medical providers, and detail how the brain injury impacts your mental status, work abilities, and daily activities. 

We will manage all interactions with insurers and fight back against denials or delays. If your claim is contested or undervalued, your lawyer can present your case before the Illinois Workers’ Compensation Commission.

FAQs

How much does an experienced attorney cost?

Our attorneys in Illinois work on a contingency fee basis. This means you pay no upfront costs, and we only collect a fee if we secure benefits or a settlement for you.

How long does it take to settle a brain injury case?

Cases involving traumatic brain injuries often take longer because doctors must determine if you have reached maximum medical improvement (MMI) before a final settlement. If the insurance company disputes benefits, hearings before the Illinois Workers’ Compensation Commission may extend the process. Your attorney can work to expedite medical treatment approvals and keep the case moving forward.

Does a concussion qualify for workers’ compensation?

Yes. In Illinois, a concussion sustained during a workplace accident is considered a brain injury and may qualify for workers’ compensation benefits.

What Are the Most Common Symptoms and Complications of Work-Related Brain Injuries?

Work-related brain injuries can produce a wide range of symptoms, some of which may appear immediately, while others develop gradually. Common symptoms include:

• Headaches and dizziness
• Loss of consciousness, even briefly
• Memory loss and cognitive issues
• Speech and vision difficulties
• Mood changes, anxiety, and depression
• Long-term disability from permanent neurological damage

Complications may include post-concussion syndrome, seizures, chronic pain, and increased risk of secondary injuries due to balance or coordination problems. Severe cases can lead to permanent disability and a need for lifelong medical care.

Free Consultation for Brain Injuries Covered by Workers’ Compensation!

If you or a loved one suffered a brain injury at work, the right legal help can make all the difference in securing the benefits you need. Our Chicago workers’ compensation attorney team offers a free, no-obligation consultation to review your case and explain your rights under Illinois law. 

We work on a contingency fee basis, so you pay nothing unless we recover compensation for you. Let us handle the insurance company while you focus on recovery. Contact a work injury attorney from our team today.