Law Offices of Edward J. Singer APLC

Workers Comp & Head Injuries

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?

LAUNDROMAT WORKER HAMMERED BY THIEF: INJURED WORKER IN THE NEWS, #54

Posted on August 15, 2022 by Edward Singer

It is reported that a 70 Year-Old Laundromat Employee was attacked. A robber who was allegedly was trying to steal detergent grabbed a hammer owed by the business and struck the Laundromat Worker four times in the head. foxnews.com

This article will discuss issues of elderly workers as well as head traumas.

What Issues Come Up With Elderly Workers and Workers’ Compensation?

First, settlements involving buyout of medical care can be complicated. Many elderly workers are already Medicare Recipients. Medicare requires that a Medicare Set-Aside Trust be incorporated into settlements of medical care. As a result, buy-out settlements for Elderly Workers can be delayed.

Second, Elderly Workers receive higher disability percentages than younger workers. The Rating Schedule provides an age adjustment for the worker’s age at the time of the injury. SCHEDULE FOR RATING PERMANENT DISABILITIES P.2-5.

What Are The Issues Concerning Head Trauma?

Head trauma injuries can be multifactorial. They can include the following items: headaches, cosmetic defects, dental trauma, cognitive disorders and psychological issues. Injured Workers may need to be assessed by a variety of medical specialties to address a head injury.

What if I Need Advice?

ANAHEIM LIBRARY WORKER SUCKER PUNCHED: INJURED WORKER IN THE NEWS, #25

Posted on March 25, 2022 by Edward Singer

On March 3, 2022, in the City of Anaheim, a Library Patron forcefully pushed a library employee. As a result of the assault, the employee fell back and he hit his head on the tile floor. It is reported that he sustained injury with both a cut on his head as well as a possible loss of consciousness. foxla.com

This fact pattern involves the issue of a neurological injury. Head injuries are unique injuries. They are referred to as Traumatic Brain Injuries or TBIs.

What Is Special About Head Injuries?

Head Injuries are serious injuries. Head injuries can result in concussions. Concussions do not necessarily require that an individual have a loss of consciousness. Therefore, in light of how the accident happened, this Injured Worker should be assessed as to whether he sustained a neurological injury. He should be evaluated specifically by a neurologist.

Per the Mayo Clinic, “[a] concussion is a traumatic brain injury that affects your brain function. Effects are usually temporary but can include headaches and problems with concentration, memory, balance and coordination” mayoclinic.org

What If I Need Advice?