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Workers Comp & Head Injuries

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.

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