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Traumatic Brain Injury: By The [staggering] Numbers

Every 23 seconds, one person in the United States sustains a brain injury.

Generally, there are two types of brain injuries: Acquired Brain Injury (ABI) and Traumatic Brain Injury (TBI). An ABI generally encompasses any injury to the brain that occurs after birth as a result of physical force (such as, due to an accident), tumors, violent acts (such as a gun shot wound). ABI is the broadest category and includes, generally, all brain injuries that occur after birth.

Traumatic brain injury (TBI) can be caused by an external force such as a vehicle accident, fall or sports injury. However, not every blow or jolt to the head results in a TBI. The severity of a TBI ranges from mild (a brief change in mental status or consciousness) to moderate to severe (an extended period of unconsciousness or amnesia after the injury.)

About 85% of TBIs that occur are considered mild while the remaining 15% are moderate to severe. Estimates are that at least 5.3 million Americans currently have long-term, or lifelong, need for help to perform activities of daily living as a result of a TBI. The leading causes of TBI are Falls (28%); Motor vehicle-traffic crashes (20%); Struck by/against events (19%); and Assaults (11%).

More people are disabled from TBI than from spinal cord injuries, cerebral palsy, epilepsy, stroke and Alzheimers! Estimates are that 227,000 Ohioans are living with disability due to TBI.

According to the Centers for Disease Control and Prevention, 1.4 million persons sustain a TBI each year in the United States. Of these, 50,000 die; 235,000 are hospitalized; and 1.1 million are treated and released from an emergency department. [Langlois JA, Rutland-Brown W, Thomas KE. Traumatic brain injury in the United States: emergency department visits, hospitalizations, and deaths. Atlanta (GA): Centers for Disease Control and Prevention, National Center for Injury Prevention and Control; 2004.]

Among children ages 0 to 14 years, TBI results in an estimated 2,685 deaths; 37,000 hospitalizations; and 435,000 emergency department visits annually. TBI is the leading cause of death and disability for children, adolescents, and young adults in the United States. 90,000 of those injured will sustain permanent injuries.

Among those claiming a disability, TBI ranks second only to mental retardation. TBI causes more disability than spinal cord injuries, cerebral palsy and epilepsy COMBINED. More people are disabled from TBI than from stroke or Alzheimers or persistent mental illness.

The direct medical costs and indirect costs such as lost productivity of TBI totaled an estimated, and staggering, $60 billion in the United States in 2000 alone. [Finkelstein E, Corso P, Miller T and associates. The Incidence and Economic Burden of Injuries in the United States. New York (NY): Oxford University Press; 2006.]

DID YOU KNOW: If you have a brain injury, you are 3 times more likely to get another. After the second injury, the risk for the third injury is 8 times greater.

Sources: Brain Injury Association of America, CDC and a 2/28/08 presentation by the Brain Injury Association of Ohio.

 

Employment Tribunals And The Claims Process

Claim Limits

A claim for wrongful dismissal is limited to only £25,000 when often a contractual claim can be for a much larger sum than this. Therefore, if you have a claim for wrongful dismissal or any other contractual claim you are likely to want to issue this in the County Court where your claim is not limited to this amount.

The Employment Tribunal

An Employment Tribunal is an independent judicial body that is used exclusively for employment law claims and consists of two non legally qualified members (from business) and a legally qualified chairman.

The types of claims that can be pursued in an Employment Tribunal include the following:

Redundancy Claims
Unfair Dismissal Claims
Discrimination (including sexual discrimination, race discrimination and age discrimination)
National Minimum Wage Claims

The person making that starts the claim is known as the "Claimant", the person defending it as the "Respondent".

Time Limits For Employment Tribunal Actions

There are some time limits that usually must be followed in an Employment Tribunal claim. In all cases the time limits can vary from case to case so you should seek legal advice about your specific situation.

Usually you need to have been in employment for one year before you can take a claim to the Employment Tribunal. In addition, generally, you must provide your employer with 28 days notice before you start your proceedings. However, for Unfair Dismissal claims you must make the claim within three months of your dismissal.

Payment of Your Salary Whilst You Make Your Claim

In some cases you may be able to make a claim to have your salary paid to you whilst you are pursuing your claim through the Employment Tribunal. You must be pursuing a certain type of claim to be able to make this application, and if you qualify you must make the application for interim relief within 7 days of the date of your dismissal.

The types of claims which qualify include:

For Trade Union related activities
Whistleblowing
Taking someone with you to a disciplinary or grievance hearing
Dismissal for carrying out Health and Safety related activities when it is your role to do so
Acting as a workers representative

What Happens Next?

Once a claim has been issued in the Tribunal, ACAS (the Advisory Conciliation and Arbitration Service) will attempt to make contact with both parties to see if there is any opportunity of settling the claim without the need for a hearing.

If settlement cannot be reached, the claim will proceed through various mini hearings to determine what evidence should be served, and the time limits to be adhered to, before a final hearing takes place in front of the Employment Tribunal.

Final Hearing

At the final hearing the three members of the Employment Tribunal will listen to and review the evidence from the Claimant and the Respondent along with any witnesses.

When all of the evidence has been heard, they will make their decision which can include:

No compensation (eg no good claim)
Reinstatement of an employee
Compensation to the employee

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