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MILD HEAD TRAUMA AND WORKERS’ COMPENSATION: WHAT YOU NEED TO KNOW

Posted on July 5, 2023 by Edward Singer

Workers Comp Head Injury Settlements

Head Traumas are a common occurrence. When they occur in the workplace, Workers’ Compensation may apply. Irrespective of the employee’s fault or negligence, the Injured Worker might still be eligible to receive workers’ compensation benefits and medical treatment relating to the trauma. This article specifically addresses the topic of Mild Brain Traumas (mTBI) as opposed to more significant ones.

What Is A Mild Brain Trauma?

“Mild TBI is defined as an injury to the head with loss of consciousness for 30 minutes or less with posttraumatic amnesia as well as alteration of consciousness for no more than 24 hours with no identifiable lesions on the individual’s scans.” Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

Are Mild Brain Trauma Injuries Common?

Yes. “Over a million Americans sustain a mild traumatic brain injury (mTBI) every year .” Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

Are The Symptoms Difficult to Recognize?

Unlike cuts or bruises, many head injuries are not visible. Often, they are even difficult for the Injured Worker to understand. “mTBI symptoms are commonly unrecognized and can cause chronic impairments.” Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

What Type of Symptoms Are Present?

Mild Head Traumas have a variety of symptoms. They include “attention deficits, headaches, fatigue, posttraumatic stress symptoms, and deficits in executive functioning.” Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

What Are The Problems with Recognizing Head Traumas?

Approximately 70% of TBIs are considered mTBI and are usually diagnosed after complaints by the individual without postinjury objective findings [. It is often easy to mistake mTBI symptoms as they present similarly to stressors such as pain, medication, posttraumatic stress, anxiety, and depression.”] Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

Is There Permanent Disability from Mild Head Traumas?

Yes. It is possible to get a permanent disability award based upon a mild head trauma. The assessment for such disability comes from either Treating Physicians, Qualified Medical Evaluators or Agreed Medical Evaluators. There are “a large number of individuals are increasingly reporting cognitive, physical, and psychological symptoms months and years postinjury.” Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

What Type of Permanent Disabilities Can Occur?

One of the chronic symptoms is “impaired executive functioning causing difficulties in holding attention, remembering information, and organization and planning.” [10]. Asha Vas, Anna Luedtke, Eryn Ortiz, Natalie Mackie, Samantha Gonzalez, “Cognitive Rehabilitation: Mild Traumatic Brain Injury and Relevance of OTPF”, Occupational Therapy International, vol. 2023, Article ID 8135592, 11 pages, 2023. https://doi.org/10.1155/2023/8135592

These deficits can impact job performance.

What Type of Doctor Would Evaluate and Treat A Head Trauma Case?

Generally speaking, either a neurologist or a neuropsychologist might be employed to provide treatment.

What if I Need Legal Advice?

If you would like a free consultation regarding workers’ compensation, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. We have been helping people in Central and Southern California deal with their workers’ compensation cases for 30 years. Contact us today for more information.

ROCK GETS DELIVERED INTO FED-EX DRIVER’S HEAD: INJURED WORKERS IN THE NEWS #82

Posted on May 1, 2023 by Edward Singer

A FedEx Semi Truck Driver was seriously injured when, according to the police, has a rock thrown into his windshield. It is reported that he had significant injuries to his head. According to the report, “The only thing I remember is waking up in the ambulance truck with them asking me questions,” the driver said. He also said that “I have three broken or fractured bones under my eye and I had to get a little over 27 stitches in my lip top and bottom,” Hampton said. Fox.com

If No One Really Knows How The Rock Hit The Windshield, Does It Matter?

No. Workers’ Compensation is a “no fault” system. The regardless of how and why the rock struck the windshield, it did cause an injury. Thus, given the fact pattern, the fact pattern presents as a legitimate work injury entitling the worker to benefits.

Where Can The Claim Be Filed?

Since the Driver works for a private company, FedEx, his case will be addressed within State Workers’ Compensation Laws. Thus, the Driver must determine which State will serve as the venue. There are a variety of factors that come into play with respect to this decision where to file the claim, i.e. where the driver lives, what FedEx location the driver works out of, and where the accident happened. Thus, an analysis should be done with respect to this issue prior to filing the claim.

What Injury Claims Does This Worker Have?

In light of the facts, it would appear that this Driver suffered a head injury which included a loss of consciousness. Usually, the loss of consciousness usually indicates that that he suffered a concussion. Likewise, he may have suffered a vision injury. Further, he suffered a cosmetic injury due to 27 stitches on his face. Possibly, he may have also suffered a dental injury. Significantly Injured Workers are overwhelmed by their immediate concerns and may miss reporting body parts at the onset of the claim. Therefore, it is important to get them documented by either reporting the body parts to claims and the medical providers.

What if I Need Advice?

Teacher Injured By Student Compensation: Injured Workers in the News #78

Posted on March 1, 2023 by Edward Singer

In a highly publicized matter, a Teacher was reportedly battered as a result of taking away a video game from a child. According to the news account, the video showed the student charging towards the teacher and knocking her onto the ground. He stomped, kicked and punched her numerous times. As a result of the injuries, she lost her consciousness.

This matter will be discussed on a variety of issues.

If the Teacher Wrongly Took Away The Game From the Child, Would She Be Ineligible for Workers’ Compensation Benefits?

No. From the facts known, the Teacher did not act as the initial aggressor in the incident. This is supported by the fact that Police have arrested the Student and he is being charged with a crime. Also, workers’ compensation is a no-fault system. A mistake in taking away an item from a student causing an incident would not impact the eligibility for workers’ compensation.

If The Teacher Cannot Return to Teaching, Is Workers’ Compensation Her Only Means of Recovery?

In California, there is the State Teachers Retirement System which is known as CALSTRS. Assuming the Teacher works at a public school, she is entitled to pursue a disability retirement.

What if I Need Advice?

LAX Shuttle Crash With Plane: Injured Workers in the News, #76

Posted on February 15, 2023 by Edward Singer

A LAX Shuttlebus collided with a taxiing Airplane. It was reported that the plane struck the bus. The news account indicated that the cause of the injury was unknown.

As a result of the accident, both the Tug Driver and the Bus Driver may have both been injured and required hospitalization. nypost.com

This article will discuss the nature of fault with respect to an accident and its impact on a workers’ compensation claim.

Even if fault has not been established, can these Injured Workers pursue workers’ compensation claims?

Yes. Workers’ compensation is a “no fault” system. Thus, even if either the tug operator or the bus driver were negligent, both employees can pursue claims with their employer. Labor Code Section 3600(a) provides for compensation without regard to negligence. Absent any exception to the rule, it would appear that both workers have valid work injury claims.

If negligence was established against one of the drivers, can they still pursue a workers’ compensation claim?

Yes. An Injured Worker who got hurt as a result of their own negligence, in general, can pursue a claim. Labor Code Section 3600(a) provides for compensation without regard to negligence. Absent any exception to the rule, it would appear that both workers have valid work injury claims.

What if I Need Advice?

IWITN #44: Did Tossed Food At A Wendy’s Employee Cause A Work Injury?

Posted on June 23, 2022 by Edward Singer

Had a Wendy’s Frosty been involved, things could have been worse. It is reported that a Wendy’s Drive Thru Worker was assaulted by nuggets, fries, and a drink.

An unhappy customer contended that the bag the food came with a guarantee of hot and crispy food. She felt her order did not meet that standard. It is reported that “[s]he said that she got spicy nuggets instead of normal ones, saying they were burnt.” After profanity and outrage, it is reported she threw the bag of food at the worker. Fox10phoenix.com

Was There a Work Injury?

From the facts, it does not appear that a physical injury was sustained. A physical injury is a term used to describe orthopedic injuries or wounds. For example, if a glass bottle had been thrown and caused wounds, that would be considered as a physical injury. In this instance, the injury would be considered as a mental injury. From the facts, it is possible that the worker may have sustained a psyche injury. The news report indicated that the Worker was harassed, threatened, cursed at and had items thrown at her by an angry customer who overreacted. Such an injury would require the opinion of a mental health practitioner finding a psychiatric injury. A finding would require a diagnosis such as PTSD, Anxiety Disorder or Depression.

If The Worker Had Gotten The Food Order Wrong Which Triggered The Incident, Would That Effect the Validity of the Work Injury Claim?

In this instance, no. Workers’ Compensation is a “no fault” system. In this instance, even if the employee got food order was wrong, the resultant incident would still be covered within workers’ compensation. Labor Code Section 3600, lays out that “(a) Liability for the compensation provided by this division, in lieu of any other liability …shall, without regard to negligence.”

While workers’ compensation is no fault, good faith personnel actions may bar a psychiatric claim. Had there been no incident with the customer, a Worker being written up for improperly filling an order most likely would be considered a “good faith” personnel action.

What If I Need Advice?