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Consider yourself at work, tasked with moving a stack of boxes. Your boss shoots you with a bow and arrow halfway through lifting one. He doesn’t, but the ache in your shoulder and neck leads you to believe he did.
Whether it’s a pulled muscle or a slipped disc, you’ll require medical assistance. This implies you’re about to embark on a journey through the workers’ compensation maze. Who are you going to call?
Some folks contact a workers’ compensation attorney initially. That’s always a good idea, unless when it isn’t. Allow us to clarify the differences and assist you in deciding whether to seek legal advice.
Signs you should hire a workers’ compensation attorney
Whether or not you should hire a lawyer depends on how your firm, or more significantly, its insurance provider, handles your case. Here are ten signs that you should hire a workers’ compensation lawyer.
Your employer or insurance provider denies it happened at work – When a minor injury occurs at work and is not reported, this is frequently the case. That injury worsens at work, gets more serious, and the employer/carrier claims the original injury didn’t happen at work. This can also happen when the long-term effects of workplace exposure result in an illness.
Your company takes a long time to respond to your claim – If you’re hurt on the job, you should contact your boss right away and begin the reporting procedure. The firm must supply you with the necessary papers, make a claim with its insurance carrier, and report your case to the state workers’ compensation board. The reporting standards and dates differ from state to state, but the procedure should take no more than 30 days to complete.
Becoming handicapped that interferes with your normal abilities – If you have a lifelong handicap, either partial or whole, that prevents you from returning to work, insurance companies are more likely to challenge your claim because it is the most expensive.
The insurance company refuses to pay you loss – When an injured worker’s recovery necessitates rehabilitation visits that an insurance company does not believe are necessary, your doctor may recommend therapy but the insurance company will not pay for it. If the insurance company dismisses your claim, and you appeal the decision – which you
should if you believe your claim is valid – things can get difficult, and you’ll need expert help.
If the settlement offer does not cover all lost wages and medical expenditures – Most worker compensation settlements are for permanent disability benefits, which are decided by an examining doctor’s rating system. If the insurance company disagrees with the rating, it can order an independent medical examination (IME) from a doctor of its choice. That doctor is likely to give you a lower rating than you (and your stiff neck) believe you deserve. A lawyer can assist you in persuading a judge that you are entitled to a higher grade.
You have a preexisting ailment – If you had neck difficulties before carrying that hefty box, the insurance company will almost certainly attribute your new pain to that. To show otherwise, you’ll need evidence.
You want to apply for Social Security disability benefits – SSDI benefits may be reduced by workers’ compensation benefits. A lawyer can help you organize your settlement such that the offset is minimized or eliminated.
If your employer retaliates against you – It may happen in a variety of ways such as by firing you, demoting you, reducing your hours, or pressuring you to return to work too soon, a lawyer might argue that the sanctions are unjustified.
If you have a third-party claim – If someone other than your employer contributed to your accident, you can pursue a workers’ compensation case outside of the workers’ compensation system. For example, if you are hit by a careless driver while driving for work, you can sue that person for damages.
Signs you shouldn’t hire a workers’ compensation attorney
Your injury is mild and doesn’t necessitate extensive medical treatment – the workers’ compensation system is built to manage cases like yours.
You don’t have a pre-existing condition that the accident intensified – Preexisting conditions, such as a neck injury from a car accident that is aggravated by a fall at work, can make your claim more difficult.
You miss little to no work – This kind of claim should be simple.
What a lawyer can do for you
Before a workers’ compensation judge hears your case, there will be court processes. If a settlement is reached, a lawyer will file the papers on time, construct your case, negotiate with the insurance company, and create a settlement agreement.
If it isn’t, you’ll have to go to court. It’s High Noon, and everything hinges on how persuasive your side can be. Not only will an attorney prepare your argument, but he or she will also prepare you to say the appropriate things in court. They’ll also question the insurance company’s witnesses. Amateurs should not be trusted with this task. Workers compensation law, unlike civil law, includes a safety net of sorts. The settlement is not final unless the judge
authorizes it when an employee represents himself or herself.
They have the option to reject the settlement if they believe it is not reasonable and the employee is being treated unfairly. A judge must, however, find the settlement to be egregiously unfair in order to reject it.
Hire Los Angeles workers comp attorney at the first hint of problems to prevent this situation. You’ve been hurt on the job before. You don’t want what comes next to be a pain in the neck.
Usually, drivers file personal injury claims after being involved in a road accident. But in many cases, passengers are also entitled to legal action against the negligent party. However, passengers are not aware of their rights to claim for their passengers after being injured in a car accident.
The need is to determine which party is accountable for causing the auto accident. However, the case becomes complicated if there are several vehicles involved in the accident. We discussed these scenarios with Pacific Attorney Group:
Such accidents occur when the driver hits a stationary object like a light pole, tree, or a parked car. In a single-vehicle accident, the driver is always at fault. Such a type of crash is caused typically by the negligence of the driver either due to reckless driving, impairment, or distraction. In this case, the passenger engaged in the single-vehicle auto accident need to file the claim to recover the compensation for his or her injuries.
When multiple vehicles are involved in the case then liability on the party at fault is not clear. Before recovering compensation for the accident, you need to prove the fault of the driver for the accident. Usually, there are some negligent behaviors of the driver by not following the traffic rules and cause accidents. These include:
- Impaired driving
- Distracted driving
- Following too closely
- Failing to yield
- Fail to obey traffic signs and signals
- Losing focus of roadway hazards or surrounding traffic
To determine which party is liable for the crash, an experienced attorney can review the driving behavior of each involved party.
What Happens When More Than One Party is Negligent?
In many car crashes, more than one driver can be negligent for the collision. If this is the case, then negligence law is used to determine which party is accountable for the car wreck. Under the law of comparative negligence, the action of every driver is examined to determine which party was more negligent.
Usually, every driver has apportioned a fault-based percentage on his/her percentage of their negligence. this percentage tells how much amount each driver has to pay to the4 injured passengers.
For instance, a passenger sustained $100,000 in injuries and property damages. As per the comparative negligence, the driver was 20% negligent and the other driver was 80% negligent. This means that the driver with 20% negligence must pay $20,000 whereas, the driver who is 80% at fault has to pay $80, 000.
Schedule a consultation with Auto Accident Lawyer
If you believe that more than one driver caused the accident, then do not hesitate in contacting an experienced Irvine personal injury lawyer as early as possible. Because you do not get ample time to file the claim and delaying the matter may make your case weaker and get you less compensation.
With the help of a lawyer, you will be informed which of the parties could be held liable for the crash. They will review the case in more detail and will help you recover maximum compensation for the damages.
When a person sustains injuries in an accident caused by another party’s negligence or misconduct, he/she qualifies to file a personal injury claim. Once the claim is filed, the at-fault party or their insurance adjuster should offer a settlement to close the case. If no offer for compensation is received shortly, the plaintiff may go ahead and file a lawsuit. About 95% of personal injury cases never go to trial because they are settled by the defendant before a court date. While out of court settlements are usually convenient for both parties, they are not always favorable for claimant.
In order to determine whether accepting a settlement offer is the right thing to do, you must first understand all angles of your case. Another important thing to consider is when to settle a personal injury case. The first offer put forward by the defendant or their insurer is almost never reasonable. Personal injury cases are complicated, given the vast variation of their nature and circumstances. For this reason, legal consultation and representation is entailed for a favorable outcome. Many claimants are quick to accept a settlement offer because they cannot afford to wait. Pending bills and growing debt urges them to act in haste. They grab whatever first comes their way because any amount of money is appealing in their grim situation.
Accidents victims do not realize that challenging the perpetrator in court can be highly rewarding. Sometimes filing a lawsuit is all it takes to intimidate the defendant. The insurance adjuster is aware of the fact that the court trial can lead to a whopping payout. If the plaintiff wins the case, he/she is able to score additional compensation for non-economic losses, such as pain and suffering. You can expect the insurer to approach you with a much better settlement offer after filing the lawsuit, therefore you do not necessarily have to go through with it.
Reaching a settlement out of court has its advantages. First of all, both parties are able to prevent a protracted trial and the hefty legal expenses of fighting the case in court. Personal injury trials can drag for months, which means the victim does not receive any reimbursement until the case is resolved. Besides, there is no guarantee that the plaintiff will come out victorious in the end; you may lose to the opposition and return empty-handed.
Dealing with the defendant and their insurer can be a painful experience without a lawyer by your side. Accepting the initial proposal without question is easy and efficient, but the party who truly benefits from the deal is not you. It is important to negotiate and hold your horses until the defendant makes a better offer, which is easier said than done. Insurance agents have several tricks up their sleeves to convince the clueless claimant that a meager settlement is the best they can hope for.
Personal Injury Attorney in Boston, MA, possesses the experience and skills to maximize the interests of the client. The compensation you attain on your own can never compare to that accomplished by a professional lawyer. When the personal injury claimant is accompanied by an attorney, the insurance adjuster shall not dare to initiate unnecessary disputes or misleading arguments.
When going to work and expect to accomplish the duties without harming the health for the day but unfortunately, often accidents happen in the field area or workplace. Injuries at the workplace may have difficult consequences. However, consulting a good law firm can help with the legal process to get all the benefits. In worker’s compensation, the victim does not need to prove that employer did wrong, simply prove that injuries happened while working. However, sometimes insurance companies and employers try to pay less than the actual worth of the claim or deny the claim wrongfully.
Causes of Workplace Injuries
The most frequent reasons for workplace injuries are:
- Overexertion (from carrying, pulling, lifting, pushing, throwing, and/or holding)
- Falling on the same level or to the lower level
- Being stuck by the object (like something falling from above)
- Injuries due to bodily reaction (caused by climbing, sitting, bending, or standing)
- Being compressed by or caught in the machinery
- Slipping or tripping without falling
- Being stuck against the objects (this include being pushed into the walls or doors)
- Unsafe machinery or tools
- Repetitive motion wounds (like repeated strain or stress)
- Collapse scaffolding
- Lack of proper training
- Lack of gear for protecting the eyes, feet, head, torso, ears, etc.
- Not enough illumination
- OSHA violations or other unsafe practices
- Lack of respiratory equipment or inadequate ventilation.
Such accident cases include burns, lacerations (cuts), electrical shocks, and impact injuries like a concussion, joint dislocations, bruises, spinal injuries, bone fractures, etc. According to the study of Bureau of Labor Statistics, there are average eight days that the injured workers are absent from work. Also, for a month or longer, more than a fourth of workers are out of job because of injury. Following occupation have the highest number of non-fatal workplace injuries include:
- Truck drivers
- Tractor trailer
- Freight and laborers handlers
- Nursing Assistant
Consult the Worker’s Compensation Attorney
Workers Compensation Lawyer protects workers who get injured on the job. However, the claim making process is very daunting. Sometimes the complex nature of the law increases the already traumatic situation. The attorney will help the victim through the whole process to get a fair compensation.
Benefits of Worker’s Compensation
Depending on the circumstances of the injuries and accident. The benefits that victim may get from the compensation are:
- Lost productivity and Lost Wages
- Medical bills
- Rehabilitation cost (psychological services, physical therapy, or vocational services)
- Anticipated medical expenses
- The family may get the death benefit in case of a death at workplace accident. The lawsuit may ask the court to award the punitive damages if the employer or other party involved in injured worker’s accident failed to follow the safety-related rules and regulations.
Defense Duties of Worker’s Compensation Lawyer
Worker’s compensation attorney on the defense side assists the self-insurance employers or insurance companies by defending the worker’s compensation claim and mitigates the exposure. For each business, they must understand the guidelines for claim handling, calculate the exposure, know how to budget the cost, and have knowledge of the billing procedures. The attorneys in Pacific Attorney Group represent the employer’s interest at oral arguments, hearings, depositions, hearings, arbitrations, mediations, and other proceedings. They monitor the reports of loss run for trends and alerts the management.
Worker’s compensation benefits includes financial reimbursement of medical bills and lost wages related to injury or illness suffered at work. An individual can get hurt or sick at the workplace for many reasons. In most cases, it doesn’t matter who was at fault if you were doing your job at the time of the accident. Worker’s compensation insurance is favorable for both the employer and the employee. While the employee is able to prevent economic damages resulting from the inability to work, the employer is protected against workplace injury lawsuits. Personal Injury Attorney in Woodland Hills, CA enlists crucial requirements to receiving worker’s compensation benefits:
Status of employment
The foremost condition for acquiring worker’s compensation benefits is that an organization or individual has employed you. Just because you work for someone does not necessarily mean that you are their employee. The law determines your employment status by considering your control over the job and the relationship with your recruiter. Typically, volunteers and unpaid interns are not entitled to worker’s compensation benefits.
Several jobs or occupations are excluded from receiving any financial reimbursement for work related injuries. Many part time workers like household maids, nannies, gardeners, and other kinds of caregivers in private homes cannot claim for personal injuries sustained on duty. Many seasonal workers, such as farmers are also exempt from the insurance policy. Outsourced help, temporary staff, freelancers, and independent contractors are not recognized as a company’s employees either. Some business owners list full time employees as independent contractors to avoid paying payroll taxes and buying insurance premiums. Some states disregard compensation benefits for undocumented workers (illegal immigrants) as well.
Employer’s Insurance Policy
If your employer never bought worker’s compensation insurance policy, it would indeed be a sizable glitch in receiving the benefits. Most states, particularly California has made it compulsory for every employer to purchase an insurance premium that corresponds to the size and nature of their business. Other states offer exemptions to some small businesses, but they still choose to buy insurance for personal and employee welfare. If your employer does not have insurance despite the legal liability, you own the right to file a lawsuit against them. You can fight your case in the worker’s compensation court or the civil court. If you have further confusions regarding to your employer’s insurance policy, you must certainly consult a worker’s compensation attorney.
Statute of Limitations
Every state has a time limit for reporting a work related injury and filing a personal injury lawsuit against the employer. If you do not act quickly and miss the deadline, you will lose the chance for receiving any compensation. The time given for reporting an injury is usually between 10 days to 3 months, whereas claims can be filed until 1 to 3 years. If sufficient time has passed since the occurrence of the accident, it may become harder to provide convincing evidence for the severity of your injury.
The Nature of the Injury
Certain injuries and illnesses are clearly work related, but others could be hard to prove. Medical reports and the support of onsite witnesses can help strengthen your case. The employer’s insurance provider will thoroughly investigate the circumstances before issuing a payout.
Workers’ Compensation is a type of insurance that business owners pay for the security of their employees. If someone gets ill or injured at work, this insurance program will compensate for his/her losses; this typically includes reimbursement of medical bills and lost wages. This program does not cover pain, suffering, and negligence claims.
The extent of coverage by this company insurance varies from state to state; the definition of an employee, the types of qualifying injuries, statutes of limitations, and plausible employer defense may differ. Federal organizations may require a Defense Base Act Insurance in addition to Workers’ compensation for employees positioned in foreign land.
What Workers’ Comp Covers
According to Crystal Lake, IL Worker’s Compensation Attorney, employers can include themselves in the insurance policy, i.e. they too shall receive compensation for getting injured/ill at the premises of work. In addition to healthcare and wage replacement, workers’ compensation insurance also provides vocational rehabilitation to help employees resume work as soon as possible.
If an employee dies while doing his/her job, the insurance will pay death benefits to the dependents or family members. Even though overall death rates in the workplace are not too common, there are some industries like construction where the likelihood of death in the workplace are much higher than the national average.
Chronic Illnesses and Workers’ Compensation
Workers’ compensation compensates for acute and chronic injuries/diseases that are caused by the nature of work or the environment of the workplace; permanent disabilities are covered as well. For example, carpel tunnel due to repetitive movement and loss of hearing from prolong exposure to noise is likely to require long-term treatment and/or management.
Business owners who sign up for the worker’s insurance program issue payments to the state’s fund. The state offers different kinds of compensation programs, depending on the size and operations disposition of the business. How much an employer benefits from the insurance depends upon the severity of the injury and his/her regular income at the job.
Why Workers’ Compensation Is Important
The purpose of obtaining workers’ compensation insurance is to prevent potential lawsuits filed by employees and contractors. The employer pays a small amount on a monthly basis, so a sudden large expense associated with an injured worker does not disturb the company’s financial balance. Companies that do not participate in the workers’ compensation programs have even been known to go under and have to file for bankruptcy as a result of major payouts to injured workers.
Despite having the insurance, employees can still sue the employer for inflicting harm on purpose, or assigning a task that was injurious and not part of their conventional role at work. On the contrary, if the worker violates the company policy or hurts himself/herself intentionally, then he/she is not eligible for receiving compensation. Injuries sustained outside the workplace or out of working hours do not qualify either.
Who Is Eligible for Workers’ Compensation
Workers of every age, race, and gender must be compensated equally. Discrimination or retribution against an employee for filing a lawsuit or valid claim is prohibited. The employer cannot fire an employee for making a genuine complaint.
Companies or business owners that commit insurance fraud are subject to hefty fines and penalties by law. Not outlining the entire staff as employed personnel, misclassifying them, or hiding the real number is an offense.
Similarly, employees and healthcare providers are also capable of swindling the insurance providers. An injured employee may try to get more money out of his/her employer by exaggerating the damage. Healthcare providers may cheat the employer and employee by overcharging or demanding reimbursement for treatment that was never provided.
First things first: if you have suffered a workplace head injury, it is never too early to contact an experienced brain injury attorney in San Diego. You need a legal team which will go to any length in order to secure your workers compensation benefits so you can focus on your recovery. Here at Workers Compensation Attorney Group of San Diego, we always readily help our clients throughout the San Diego region get the maximum workers compensation they deserve.
Often, the injury itself is not even the worst part. It is what comes afterwards. Namely, a recovery from a brain injury can span a long period of time. To make things even worse, it is followed by various unknown and unforeseen side effects that may further drain your energy.
Simply put, a Traumatic Brain Injury happens due to the effect of some external causes, i.e., physical force which results in brain damage. Internal causes like a brain stroke or a tumor will not result in a TBI, and neither will loss of oxygen. For instance, a concussion represents a mild Traumatic Brain Injury which leaves temporary consequences, one of the most immediate ones being amnesia.
A Traumatic Brain Injury has the effect of creating an imbalance in the brain, interfering with how our brain normally works. Until the balance is restored and you start to recover, you may experience various difficulties that may take a toll on your daily life, your work and your relationships with other people. You will deal with physical and cognitive issues, as well as emotional and behavioral issues.
The good news is that not every head injury will result in a Traumatic Brain Injury. The bad news is that a TBI might not manifest itself right away, which is why medical attention is needed immediately.
A doctor will first conduct a simple check to see if the patient is alert, whether they can follow directions and move their eyes, arms and legs. They will also ask questions to check the patient’s speech coherence. If they suspect that the patient has experienced TBI, they will normally perform a CT or MRI scan.
What are the symptoms of a TBI?
Even a mild Traumatic Brain Injury can be followed by a range of symptoms:
- Brief loss of consciousness (seconds or minutes)
- Feeling dazed & confused
- Loss of orientation
- Loss of balance and dizziness
- Headaches, often followed by nausea and vomiting
- Speech difficulties
- Sleep deprivation or excessive sleeping
- Sensory issues (blurred vision, ringing in the ears, unpleasant taste in the mouth)
- Heightened sensitivity to light and sound
Mental and cognitive symptoms
- Having difficulty memorizing things
- Having difficulty concentrating
- Mood changes and mood swings
- Depression and anxiety
As far as moderate and severe TBIs go, the patient may experience any of the above symptoms. Unfortunately, this is just the beginning of it.
There are other symptoms which are more intense and more severe and which make the patient’s life all the more difficult during the recovery period. These include prolonged loss of consciousness, convulsions, seizures, dilated pupils, fluids draining from the ears and nose, numbness, lack of coordination, speech difficulties, as well as overall confusion, agitation, combativeness and other strange changes in behavior. The possible complications include long-term effects, coma and death.
Does TBI have any long-term effects?
As stated above, severe TBIs might have long-term effects and complications, including coma and death. For this reason, it is of paramount importance that an experienced neurologist is put in charge so they can examine the patient on a regular basis and monitor their condition and their recovery process.
How long does it take to recover from a Traumatic Brain Injury?
The length of a recovery process following a TBI is impossible to determine without information about the severity of the condition, access to the patient’s medical records and an examination conducted by a neurologist. Every patient is unique and every injury is different. But roughly speaking, it could last for weeks, months, or, in the most severe cases, years.
During the recovery period, you should follow a simple routine to promote recovery and make things easier on yourself:
- Do not attempt to tough it out because that will only prolong the recovery process.
- Make to-do lists and write everything down.
- Keep a consistent schedule to avoid confusion.
- Keep your things in designated places and always put them back.
- Always take the same route when going somewhere by yourself.
- Avoid distractions such as being exposed to background noise.
- Say no to multitasking: work on one task at a time to stay focused.
- Whatever you’re doing, take as many breaks as you need.
Going all out to maximize your chances of getting what is rightfully yours
What you need is to track down a competent brain injury attorney in San Diego who will fight tooth and nail on your behalf. During the initial consultation, we will make sure you fully understand your rights and the course of action we plan to pursue in relation to your workers compensation claim filing process. We want to be certain that nothing will slip through the cracks and that there are no risks that you could be deceived by your employer or the insurance. Dedicate your time and energy to your recovery process, and we will handle the rest. Call today!
Any kind of injury in the workplace, especially if it is severe enough to affect your cognitive function, ability to work, quality of life in the long run, is enough of a reason to consult a legal professional immediately. The sooner you initiate the medical treatment and workers compensation claim filing process, the sooner will you be able to get your life back on track. Consult an aggressive Work Comp attorney specializing in San Diego brain injury cases for assistance with your workers compensation claim.
So other than consulting a lawyer with a track record in the area, what else can you do? What other factors will affect the outcome? How can you maximize your brain injury workers compensation benefits? Read on.
Did you lose consciousness?
This is a common sign of brain injuries and concussions: amnesia and loss of consciousness. In order to maximize your chances of being awarded workers compensation benefits, your medical records need to prove you have lost consciousness after the injury. This is something that both the insurance company, your doctor and any other parties involved in your claim will go over in detail.
If you have experienced loss of consciousness, it means that you have suffered a serious or potentially serious injury. On the other hand, if you haven’t lost consciousness as a result of the injury, they will use this to minimize your brain injury, its effect on your health and its consequences.
Did the injury affect your cognitive performance?
An insurance company will go to great detail to ensure whether or not your cognitive performance has been affected by the brain injury. They will typically use your old school records, even if you left school decades ago. The outcome may also depend on how cognitively demanding your work is.
Are you seeing a medical specialist?
For serious brain injuries, seeing a primary doctor will not suffice. This is another trap that you might unknowingly fall into. What you need is to have a neurologist conduct an evaluation and actually be in charge of your treatment. This is important not just because it boosts your chances of filing your workers compensation claim effectively, but also because seeing an experienced specialist following your workplace brain injury could be vital to your recovery.
When you suffer a Traumatic Brain Injury, your ability to function is reduced as a result of a chemical imbalance in the brain. Over time, the chemistry in the brain starts to improve but it could take months before your brain injury heals and your brain’s chemical balance is fully restored.
Making a full recovery from a brain injury is possible, but it really depends on the severity of the brain injury. In case of a Traumatic Brain Injury, things are more complicated. Namely, patients who have suffered a moderate TBI can regain consciousness in a matter of days or weeks.
However, in case of severe TBIs, the progress is excruciatingly slow and the patients are left dealing with impaired consciousness for months on end. In the most extreme cases, the recovery may even span years.
Brace yourself for challenging and difficult times
Aside from being complex and complicate to treat, brain injuries inevitably come with unpredictable side effects: headaches, mood swings, poor anger management, impatience, relationship issues. As if all of that weren’t bad enough, brain injuries are also costly which has a direct effect on your employer and their insurance company.
In other words, they will fight you and try to minimize the extent and the effect of the injury in order to make the situation seem less severe and less serious than it is. But since you have reason to expect far-reaching implications, you must persevere. Again, consulting one of our experienced and highly competent attorneys specializing in brain injury cases would be your best course of action.
Your best chance of beating the deadline
Members of our legal team with the most experience in San Diego brain injury cases can help you secure your workers compensation benefits, even if your claim has been denied in the past. Leave nothing to chance and put your trust in the most sought-after attorneys in the area. You deserve to receive your workers compensation benefits and medical treatment so you can make maximum recovery as soon as possible, and we are here to make it happen. Reach out to us in our Chula Vista office or one of our two San Diego locations. Call today!
If you have suffered a head or brain injury in the workplace, you could be dealing with a concussion. Even if you do not notice any symptoms of a concussion for the time being, your best course of action would be to see a doctor and seek assistance and guidance from an experienced legal team immediately.
Only after going over the details and circumstances of your case with a competent San Diego brain injury lawyer on our team can you find reassurance. We charge a contingent fee for our service so you can focus on your recovery. Let us handle your claim and take action in your best interest.
A concussion is a traumatic brain injury which can be caused by a whiplash or a blow to the head. The trauma causes the head to move abruptly and rapidly back and forth which, in turn, affects the brain inside the skull by causing the brain to twist or bounce around. This could lead to chemical changes in the brain or even damage to the brain cells.
In case of a head injury, seek medical assistance immediately, even if you notice no symptoms of a concussion whatsoever. As far as symptoms go, they are easily recognized. The symptoms of a concussion, usually resulting from Traumatic Brain Injury, can range from mild to severe.
A mild concussion is followed by the following symptoms:
- Nausea & vomiting
- Tiredness & fatigue
- Numbness & tingling
- Lack of balance
- Being sensitive to light/noise
- Ringing in the ears
A more severe concussion is is followed by more severe symptoms:
- Persistent or intensifying headaches
- Persistent nausea and repeated vomiting
- Seizures or convulsions
- Dilated pupils
- Fluid leaking from ears/nose
- Slurred or slow speech
- Behavior changes
Can you get compensation for a concussion?
You are entitled to receive workers compensation benefits as a result of a head injury/concussion, as long as the incident that led to it took place at work. You can expect to receive coverage for your medical treatment costs and compensation for about two thirds of your lost wages.
How do you prove a concussion?
It is important to let the physician know that the injury took place at work so they can put it in their report which you will need to submit when filing your workers compensation claim. You need to be examined by a physician who will check whether you are suffering from any of the above symptoms. Even if there are none, they may order imaging testing such as CT or MRI scans so as to rule out the possibility of internal bruising or bleeding.
How will a concussion affect my work performance?
Concussions can be unpredictable, complex and costly to treat. The condition tends to worsen when the patient is not receiving proper treatment and getting plenty of rest. In other words, you would be ill-advised to get back to work immediately after a concussion. In fact, concussions fall under the category of injuries with the longest recovery period.
Workers who have suffered a concussion tend to experience the following issues:
- Struggling to keep focus
- Feeling slowed down
- Feeling foggy
Only a health professional can determine how long your recovery period should last and at what point you can go back to work.
We will spare you the headache of navigating the work comp system alone
As if being injured and suffering from the many symptoms of a concussion weren’t enough, you are left to deal with a mountain of paperwork and lost wages. We are here to give your recovery process a healthy boost by putting our best effort into building your workers compensation case and filing your claim as promptly as possible.
Here at Workers Compensation Attorney Group of San Diego, we work as a team to act in your best interest. Reach out to us by phone or visit one of our three locations, two in San Diego and one in Chula Vista. Let us be there for you in your hour of need!