What is a Head Injury Worth in a Workers’ Compensation Claim?

There are a range of head injuries that take place at workplaces which could be serious. A traumatic brain injury is when an object from above falls and hits someone, which results in the worker never gaining full use his/her body again Of course, minor injuries take place too, like knocking one’s head on the corner of a cupboard or table which could result in a bruise. Only a day or two is required off work to recover. If you have a head injury which requires medical treatment and time off work to recover you should qualify for worker’s compensation payments to cover the cost of your medical treatment and the earnings you lose while you are unable to work.

Types of Head Injuries

The type of head injury will depend on how it happened and the commonest ones associated with workers’ compensation claims are:

  • concussion, when the head is injured due to a sudden impact which can take weeks or even years to fully recover;
  • contusion, when bruising occurs to the brain from a severe blow to the head;
  • coup-contrecoup, which is when the impact is so hard the brain is pushed from one side of the head to the other;
  • 2nd impact syndrome, which is when another brain injury emerges before the first has not healed;
  • skull fractures come in different severities, but is characterized by the bone breaks that protects the brain.

The sorts of symptoms from a mild head injury include headaches, insomnia, loss of memory, nausea, balance problems and mood swings. A moderate traumatic brain injury can cause noticeable behavioral changes, coma, headaches, mobility problems and nausea. The most severe traumatic brain injury can be life changing when the victim immerses into a vegetative state. There are some occupations that are high risk for head injuries and these include police, fire fighters, factory workers, delivery jobs, health care and construction jobs.

Calculating a Head Injury Claim

If you have the misfortune to have a serious head injury at work, your worker’s compensation will be calculated based on how long you will off work and the cost of your medical treatment. Allowances are provided for partial disability and permanent partial disability as well.

Your employer’s WC insurer will base the calculation on statements about your medical condition made by your physician. If a weekly payment is agreed this is typically based on two thirds of your weekly income, the full cost of your medical treatment and an amount for your level of disability. Some head injury victims choose the lump sum option but this may not necessarily be the best way to go as the situation with your head injury could change leading to higher medical costs and a longer time off work. An estimation for the care cost for mild traumatic brain injury is about $35,954 and it could reach $3 million if the head injury is typically severe.

What is a Head Injury Worth in a Workers’ Compensation Claim?

Use a WC Attorney

A WC attorney can provide valuable advice throughout the claim process. If you do need to appeal a denied claim, you will find it very difficult to do so without effective legal representation.

Additional Resources