If employees suffer a head injury at workplace, they can claim compensation under the workers’ comp head injury settlements mechanism. The employees have a choice to apply for benefits under Workers’ compensation law or file a lawsuit under personal injury laws. In this article, you will find out about workers comp head injury, common causes of head injuries, how much is a head injury worth to workers comp, how much compensation for head injury at work can be claimed, etc.
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How Common are Workplace Head Injuries?
Workplace head injuries are prevalent in the US. According to the statistics of the Occupational Safety and Health Administration, 2,800 meet non-fatal head injuries in accidents at the workplace each year. Most workers who meet head injuries are employees at construction sites, transportation companies, factories, manufacturing industries, etc. The most common type of head injuries at the workplace happen due to falling objects, being struck by heavy objects, slipping, vehicle accidents, etc. It is the responsibility of the employer to provide a safe workplace for the employees during the job and practice safety measures to ensure everyone is safe while working at their companies.
Types of Head Injuries & Workplace Head Injuries Common Causes
The most common type of head injury is a concussion, fracture of the skull, and brain hemorrhage. The most common type of head injury results due to:
- Vehicle accidents
- Accidents at construction sites
- Faulty machinery
- Slip and fall
- Violence at workplace
- Natural calamities.
What to Do If You Suffered a Head Injury at Work?
If you have suffered a head injury at work, you have the legal remedies to seek benefits under Workers’ compensation. You can also file an injury lawsuit under personal injury law in the injury court. Head injury workers compensation can be claimed for injuries that employee(s) may suffer at the workplace. The head injury workers compensation settlement is covered under the workers’ compensation law. It covers benefits like wages, accommodation of an employee if they have suffered temporary or permanent disability, medical expenses, etc. How much workers compensation head injury can be claimed will depend on the nature of the damage and its impact on the wages of the employee who has sustained it.
Average Workers’ Compensation Settlements for Head Injuries
Statistics from National Safety Council estimate $33,151 was claimed in 2019-20 for workers’ compensation due to concussion. Approximately $18,013 were estimated medical expenses and $15,138 in terms of indemnity. An average of $93,942 was claimed for head injuries at the workplace, out of which $60,875 consisted of medical expenses and $33,067 were claimed as indemnity.
Workers’ Compensation Benefits for Head Injuries
If you have suffered a head injury at the workplace, you can claim the following benefits under the workers’ compensation law:
- Medical expenses: This includes medical bills, treatment expenses, hospitalization expenses, doctor’s fees, rehabilitation, etc.
- Wage replacement benefits: This covers the loss of wages due to head injury, depending on the severity and type of head injury.
- Benefits with temporary or permanent disability: If the employee suffered from temporary or permanent disability, the employer has to accommodate them.
- Vocational rehabilitation: If the previous job becomes hard to perform after the head injury, the employee is entitled to get vocational benefits.
- Compensation for death of the employee: If the employee dies due to an injury at the workplace, the family is entitled to receive compensation for the death. The amount of compensation may depend on the number of dependents of the employee.
How to File a Head Injury Claim?
To file a head injury claim, you have to follow these steps:
- First, you would seek immediate medical attention. Keep the receipts of medical bills and expenses with you.
- Second, gather the evidence to prepare your claim. This can include medical receipts, statements of witnesses, any photos or CCTV evidence of the accident, or any other relevant documents.
- Third, consult an injury attorney to discuss the merits of your case and get a legal opinion on which remedy would suit you better. File an insurance claim to negotiate a settlement with the insurance company.
- Fourth, prepare the necessary paperwork to file an injury lawsuit if negotiations for settlement fail.
What Are The Challenges Of A Head Injury Workers’ Comp Claim?
Claiming compensation under Workers’ compensation law can be a challenging process for head injuries. Some of the common challenges of a head injury workers’ compensation claim are:
- Accurate diagnosis of a head injury is difficult. There are different types of head injuries, and it is not always easy to diagnose which type of injury has contributed to the performance disability of the worker.
- If there is a pre-existing head condition, it becomes difficult to determine the exact degree of causation of the head injury. Determining an accurate amount of compensation for an employee who is already suffering from a head condition is challenging without a proper diagnosis of the head injury.
- Litigation can be lengthy and exhausting. It is also expensive and may require the expertise of an experienced injury lawyer, depending on the nature and complexity of the head injury. Without the assistance of an injury attorney, it can be a difficult process to navigate.
In a nutshell, head injuries are the most common type of injury among workplace-related claims. Employees suffer a concussion, hemorrhage, or severe brain damage in such types of injuries. Workers can claim workers’ compensation benefits under workers’ compensation laws, or they can file an injury lawsuit under personal injury laws. Workers get benefits like medical expenses, wage compensation, accommodation at the workplace in the event of temporary or permanent disability, or compensation to the family of the deceased in the event of the employee’s death from a head injury.
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