Overview
Several different systems can pay for losses after a head injury, and more than one can apply at once. Injury claims based on negligence seek compensation from the person or business at fault;[1] insurance coverages such as MedPay and PIP can pay regardless of who caused a crash;[2] workers’ compensation provides benefits for on-the-job injuries;[3] and Social Security and VA programs pay disability benefits under their own rules.[4][5] Each has its own requirements and deadlines.
Claims based on fault
A personal injury claim is usually built on negligence. The Legal Information Institute (LII) defines negligence as “the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.”[1] When a death results, state wrongful death statutes allow certain family members to bring a claim.[6]
- Personal injury claimsNegligence, damages, shared fault and deadlines
- Wrongful death and survival claimsWhen a head injury is fatal
- Third-party claims for work injuriesSuing someone other than the employer
- Claims against the governmentThe Federal Tort Claims Act and its deadlines
Insurance coverage
The Insurance Information Institute (III) describes several auto coverages that can apply to injuries: bodily injury liability, medical payments (MedPay), personal injury protection (PIP) and uninsured/underinsured motorist coverage.[2] Twelve states and Puerto Rico have no-fault auto insurance laws that change how injury claims work after a crash.[7]
- Auto insurance claimsLiability, MedPay, PIP and no-fault states
- Uninsured and underinsured motorist claimsWhen the at-fault driver has little or no insurance
Work injuries
LII explains that workers’ compensation provides fixed monetary awards to employees injured on the job in an attempt to eliminate the need for litigation.[3] The U.S. Department of Labor notes that private-sector and state and local government employees are covered by state programs, while federal workers are covered by federal programs.[8]
Disability benefits
The Social Security Administration (SSA) runs two disability programs: Social Security Disability Insurance (SSDI), which depends on work history, and Supplemental Security Income (SSI), which depends on financial need.[4][9] SSA has a specific listing for traumatic brain injury.[10] Veterans with a service-connected TBI may receive VA disability compensation.[5]
- Social Security Disability Insurance (SSDI)Who qualifies and how SSA decides
- Supplemental Security Income (SSI)Need-based disability benefits
- Social Security’s TBI listing (11.18)The medical criteria SSA uses for brain injuries
- VA disability for TBIHow the VA rates traumatic brain injury
Injuries from a crime
The Office for Victims of Crime (OVC) reports that every state, plus the District of Columbia, the U.S. Virgin Islands, Puerto Rico and Guam, has a crime victim compensation program that can reimburse costs such as medical care, counseling and lost wages.[11]
How the options overlap
These options are not mutually exclusive. For example, a worker hurt in a crash caused by another driver may have both a workers’ compensation claim and a claim against the other driver, and the compensation insurer may have a lien on that recovery.[12] Benefit programs also have their own rules: crime victim compensation programs are described by OVC as “payers of last resort” that pay only after other sources are used.[13]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Legal Information Institute, Wex. “Negligence.” https://www.law.cornell.edu/wex/negligence
- Insurance Information Institute. “What is covered by a basic auto insurance policy?” https://www.iii.org/article/what-covered-basic-auto-insurance-policy
- Legal Information Institute, Wex. “Workers’ compensation.” https://www.law.cornell.edu/wex/workers_compensation
- Social Security Administration. “Disability Benefits.” https://www.ssa.gov/disability
- U.S. Department of Veterans Affairs, Veterans Benefits Administration. “Compensation.” https://www.benefits.va.gov/compensation/
- Legal Information Institute, Wex. “Wrongful death.” https://www.law.cornell.edu/wex/wrongful_death
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
- U.S. Department of Labor. “Workers’ Compensation.” https://www.dol.gov/general/topic/workcomp
- Social Security Administration. “Supplemental Security Income (SSI).” https://www.ssa.gov/ssi
- Social Security Administration. “11.00 Neurological Disorders – Adult,” Listing of Impairments. https://www.ssa.gov/disability/professionals/bluebook/11.00-Neurological-Adult.htm
- Office for Victims of Crime, U.S. Department of Justice. “Victim Compensation.” https://ovc.ojp.gov/topics/victim-compensation
- Matter of Brisson v. County of Onondaga, New York Court of Appeals (2006). Legal Information Institute. https://www.law.cornell.edu/nyctap/I06_0015.htm
- Office for Victims of Crime. National Victim Assistance Academy, Chapter 9, “Crime Victim Compensation.” https://ovc.ojp.gov/sites/ovc/files/pubs/OVC_Archives/nvaa/ch09comp.htm
Sources last checked: October 11, 2026
