Traumatic brain injuries affect more than just a person’s health — they can also disrupt their ability to earn a living. This is especially true for people who are self-employed or work on a freelance basis. Unlike traditional employees, freelancers and contractors don’t have fixed salaries, benefits, or formal employment records. That often makes proving income loss more challenging after a serious injury. As a Fayetteville, NC TBI lawyer, we’ve worked with many individuals who struggled to recover compensation because their work situation didn’t fit the standard model.
Traumatic brain injuries can lead to memory issues, fatigue, speech difficulties, reduced concentration, and emotional changes. For a self-employed person who depends on focus and consistent performance — whether that’s a photographer, consultant, tradesperson, or online business owner — those symptoms can be career-ending. Even a so-called “mild” brain injury can make it impossible to manage client demands, deliver on deadlines, or safely handle physical tasks.
Income Loss Isn’t Always Straightforward
With self-employed individuals, there’s often no clear employer to confirm hours missed or wages lost. Instead, we need to look at tax returns, past contracts, bank statements, and other financial records to build a reliable picture of what the client was earning before the injury. Some people don’t have clean or complete documentation. Others may have recently launched a business or shifted careers, which can make estimating future losses even harder. This can lead to a very complicated case to prove.
But just because income isn’t documented through a W-2 doesn’t mean there isn’t a case. We work closely with clients to gather whatever supporting records they have — whether that’s emails with clients, invoices, or proof of canceled jobs. In many cases, we also work with vocational or economic consultants to estimate future earning potential and how the injury will likely affect it over time. If you have worked as a self-employed person for many years, past financials can also help forecast future monetary gains you might have received before dealing with a TBI.
Brain Injuries Often Cause Long-Term Work Limitations
Unlike a broken bone or a short-term illness, a brain injury can have lasting effects that aren’t easy to predict. A person might initially return to work but then find they can’t keep up with mental tasks or manage stress like they used to. Self-employed individuals often don’t have the same support structure or sick leave as employees do, which means even temporary setbacks can lead to lost clients or long-term business damage. For example, if a self-employed person is not able to reach out to clients to let them know there will be a delay in services due to illness, who will do it for them? Working by themselves can make this difficult.
Because TBIs can cause a wide range of symptoms, some people don’t even realize the full impact on their work performance right away. That’s why medical evaluations, occupational therapy records, and witness accounts from clients or coworkers can all be useful in documenting how the injury has affected someone’s work life.
We Know What’s at Stake
At Macrae & Whitley, LLP, we understand how important it is to get fair compensation after a traumatic brain injury. Our firm has practiced law for over 100 years, and we’ve seen how these injuries can turn someone’s career and future upside down — especially when they’re self-employed. If your ability to work has been affected by a brain injury and you’re unsure how to move forward with a claim, contact us today. We represent clients in Fayetteville, Cumberland County, and across North Carolina. We can review your situation and help you understand what options may be available to recover what you’ve lost. We are ready to help!