A TBI can be considered a disability if it significantly limits cognitive, physical, or emotional functions. Under California law, TBIs may qualify as disabilities under FEHA, ADA, and Social Security regulations. If a TBI prevents you from working or performing daily tasks, you may be eligible for compensation or disability benefits.
At Ernst Law Group, our California traumatic brain injury lawyers advocate for victims, ensuring they receive the legal and financial support they deserve. Contact us today to discuss your case and secure the support you deserve.
When is a traumatic brain injury considered a disability?
A TBI qualifies as a disability when it substantially limits a person’s ability to perform major life activities, such as working, communicating, or caring for oneself. The impact of a TBI varies depending on the severity of the injury and the affected brain functions.
Types of TBIs and their impact
- Mild TBI (Concussion) – Temporary symptoms include headaches, dizziness, and difficulty concentrating. Often not considered a disability unless symptoms persist (post-concussion syndrome).
- Moderate TBI – Can lead to long-term impairments in memory, speech, or motor function. May qualify as a disability if it affects daily life.
- Severe TBI – Often results in permanent cognitive or physical disabilities, requiring ongoing medical care, rehabilitation, and assistive devices.
According to the Centers for Disease Control and Prevention (CDC), approximately 60% of people with moderate to severe TBIs experience long-term disability.
Legal definitions of disability in California
1. California Fair Employment and Housing Act (FEHA)
Under California Government Code Section 12926, a disability is defined as a physical or mental impairment that limits a major life activity. TBIs that affect memory, concentration, or motor function may qualify as a disability under this law.
2. Americans with Disabilities Act (ADA)
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. TBIs that impair thinking, movement, or communication may qualify under this federal law, ensuring legal protections for affected individuals.
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3. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)
To qualify for SSDI or SSI benefits, a TBI must cause long-term impairments that prevent the person from engaging in substantial gainful activity (SGA). The Social Security Administration (SSA) evaluates TBIs under Listing 11.18 in the Blue Book of Impairments.
Common disabilities resulting from a TBI
TBIs can lead to physical, cognitive, and emotional disabilities, including the following.
| Cognitive disabilities | Physical disabilities | Behavioral/emotional disabilities |
| Memory loss | Loss of coordination or balance | Depression and anxiety |
| Difficulty concentrating | Muscle weakness or paralysis | Mood swings and personality changes |
| Impaired problem-solving and decision-making | Chronic headaches and dizziness | Impaired impulse control |
These limitations can affect a person’s ability to work, maintain relationships, and perform daily tasks, making legal and financial assistance critical.
Can you receive compensation for a TBI disability?
If your TBI resulted from an accident caused by negligence, you may be entitled to compensation for your medical expenses, lost wages, and long-term care needs. A California personal injury claim can help you recover damages such as:
- Medical costs (emergency treatment, rehabilitation, therapy)
- Lost wages and reduced earning capacity
- Pain and suffering
- Future medical care
- Home modifications or assistive devices
If your injury prevents you from working, you may also qualify for Social Security Disability benefits or workers’ compensation.
How Ernst Law Group can help
At Ernst Law Group, we fight for brain injury victims and their families. Our experienced attorneys will:
- Prove liability in a personal injury claim
- Gather medical evidence to establish disability
- Negotiate with insurance companies for fair compensation
- Advocate for SSDI or workers’ compensation benefits
If you or a loved one has suffered a traumatic brain injury, we are here to help.
Contact Ernst Law Group for a free consultation
A traumatic brain injury can be a life-changing disability, but you don’t have to navigate the legal process alone. Contact Ernst Law Group at (805) 541-0300 for a free consultation. We will fight for your rights and ensure you receive the compensation and support you need.
