Legal Options After a Head Injury

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]

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]

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]

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

  1. Legal Information Institute, Wex. “Negligence.” https://www.law.cornell.edu/wex/negligence
  2. Insurance Information Institute. “What is covered by a basic auto insurance policy?” https://www.iii.org/article/what-covered-basic-auto-insurance-policy
  3. Legal Information Institute, Wex. “Workers’ compensation.” https://www.law.cornell.edu/wex/workers_compensation
  4. Social Security Administration. “Disability Benefits.” https://www.ssa.gov/disability
  5. U.S. Department of Veterans Affairs, Veterans Benefits Administration. “Compensation.” https://www.benefits.va.gov/compensation/
  6. Legal Information Institute, Wex. “Wrongful death.” https://www.law.cornell.edu/wex/wrongful_death
  7. Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
  8. U.S. Department of Labor. “Workers’ Compensation.” https://www.dol.gov/general/topic/workcomp
  9. Social Security Administration. “Supplemental Security Income (SSI).” https://www.ssa.gov/ssi
  10. Social Security Administration. “11.00 Neurological Disorders – Adult,” Listing of Impairments. https://www.ssa.gov/disability/professionals/bluebook/11.00-Neurological-Adult.htm
  11. Office for Victims of Crime, U.S. Department of Justice. “Victim Compensation.” https://ovc.ojp.gov/topics/victim-compensation
  12. 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
  13. 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