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Navigating Workers Comp for Head Injuries: A Legal Settlement Guide
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. If employees suffer a head injury at the workplace, they can claim compensation under the workers compensation head injury mechanism. The employees have a choice to apply for benefits under Workers’ compensation law or file a lawsuit under personal injury laws. Seeking compensation in Kansas City? Find out how much a head injury is worth to workers comp and maximize your workers comp brain injury settlements with expert help. Don’t fight it alone. Call us today for a free consultation with our experienced lawyers at Royce Injury.
Immediate Actions Post-Injury at Work
The first step is to gain medical assistance as soon as possible because the head injuries are very serious, and even if you are alright, it is always advisable to get a thorough medical examination to rule out any tension-delayed symptoms. The second step is to report the injury to the employer. Preparing a claim takes time, so don’t rush it. However, make sure to file the claim within time limits to reap benefits.
Types of Work-Related Head and Brain Injuries
The most common type of head injury is a concussion, fracture of the skull, and brain hemorrhage, and the injured worker is paid through traumatic brain injury workers comp settlements for these types of injuries.
- Concussion: A concussion occurs due to a direct blow to the skull, causing the brain to oscillate within the skull cavity and inducing headaches, unconsciousness, nausea, and temporary malfunction of sensory receptors. Concussions are dangerous if not treated at the proper time, and the majority of the TBI claims are concussion claims. How much is a concussion injury worth for an employee depends on the severity of a concussion accident at the workplace.
- Fracture of skull: A severe type of head injury in which the bones of the skull are broken at one or several places due to a direct blow to the skull.
- Brain Hemorrhage: It is the internal bleeding of the brain due to an external blow or internal rupture of a brain vessel.
Identifying Symptoms of Head and Brain Injuries
A head and brain injury will have telltale symptoms of unexplained headaches, fainting, weakness, impact on sensory functions, and internal bleeding. However, some of these signs don’t crop up immediately. A few days after the accident or injury, if you have trouble with speech, vision, cognitive functions, psychological issues, disturbance in sleeping pattern, or any other delayed symptoms, it is advisable to follow up with your doctor even when you were medically cleared in a medical examination earlier. Your detailed medical report is a shred of crucial evidence when calculating how much compensation for head injury at work should be paid to you.
Common Causes of Workplace Head Injuries
The most common type of head injury results due to:
- Vehicle accidents
- Accidents at construction sites
- Faulty machinery
- Slip and fall
- Violence at the workplace
- Natural calamities
These causes are also factored in when determining workers comp head injury. 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.
Available Treatments for Brain and Head Injuries
The first step in treating the TBI is to take proper rest. Different techniques such as medical therapies are used to treat TBIs in the long term.
- For mild TBIs, resting and taking over-the-counter painkillers are used for treatment.
- For severe TBIs, intensive medical care is required. For example, the patient is kept in the Intensive Care Unit in the initial phase, and his heartbeat and blood pressure are regularly monitored. Anti-seizure medicines and anesthesia medicines are given to the patient during the surgery in severe TBI workplace accidents. Treating severe TBIs is expensive and can have long-term medical implications for the patient, so workers comp for concussion are usually substantial amounts.
How Common are Workplace Head Injuries?
According to the National Institute of Health (NIH), the ratio of head injuries at the workplace is 1:4. A study by Colantonio in 2016 has confirmed that approximately 26% of work-related accidents are head injuries. Researchers attribute this ratio to the questionable workplace safety mechanisms for the employees because the ratio of people getting head injuries outside work is much less than the number of workplace TBIs. It is also observed that injuries are prevalent among male workers as compared to female workers, according to the statistics of the Bureau of Labor Statistics (BLS) Survey of Occupational Injuries and Illnesses. The Centres Of Disease Control and Prevention estimates that approximately 2.6% of the work-related deaths in the construction industry in the past decade occurred due to head injuries. Due to such a high ratio of TBIs, the average workers’ comp settlement for concussion has soared from $50,000 to $230,000 over the last decade.
High-Risk Occupations for Head Injuries
The professions that are always at a high risk of head injuries are the construction industry, the transportation industry, farming, and the agriculture industry.
- Construction Industry: Statistics have shown that 2.6% deaths out of every 100,000 deaths in the construction industry resulted from a head injury. It’s highly predictable due to the risk of injury at construction sites. Construction sites have to navigate the massive pieces of equipment, and they mobilize the workforce efficiently, but unfortunately, such sites are always accident-prone and cannot be secured one hundred percent.
- Transportation Industry: Similar to the construction industry, the transportation industry also witnesses a high head-injury death ratio. The US Department of Transportation Federal Transit Administration estimated 24,737 transportation-related deaths, which also includes transportation workers.
- Farming and Agriculture Industry: The workers in the farming and agriculture industry are also highly susceptible to head injuries.
Evaluating Average Compensation Settlements in Missouri
Statistics from the National Safety Council estimate that $33,151 was claimed in 2019-20 concussion workers comp settlements. 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 was claimed as indemnity.
Type of Compensation Benefit | Amount |
Surgery and medical expenses | $20,000 – $25,0000 |
Temporary Partial Disability | 66 2/3% of the average wage of the worker |
Temporary Total Disability | 66 2/3% of the average wage of the worker |
Permanent Partial Disability | 66 2/3% of the average wage of the worker |
Permanent Total Disability | 66 2/3% of the average wage of the worker |
Death | Compensation under §287.240, RSMo |
Detailed Steps for Filing a Head Injury Claim
To file a head injury claim, after understanding how much is a head injury worth to workers comp in your case, you have to follow these steps:
Step-by-Step Instructions
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.
Bear in mind
The workers comp brain injury settlements vary from the claims made via injury lawsuits.
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Legal Assistance for Head Injury Claims
Claiming compensation can be a challenging process for head injuries, especially when it is a workers’ comp post-concussion syndrome settlement. 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 in Kansas City, it can be a difficult process to navigate.
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