Workers comp head injury settlements work differently from a knee or a hand. Most state lists have no line for the brain, so the harm is rated against the whole person. That puts your medical proof and how you get through a day now, at the center of the case.
Concussion or brain injury: how doctors sort it
New York's treatment rules say a mild brain injury is also known as a concussion. It covers cases where you were not knocked out or were out for less than 30 minutes.
Mild does not mean small. The same guide says most people clear up in days or weeks, but some still have symptoms more than a year later. Headaches, lost words, light pain and a short fuse are common.
Moderate and severe injuries involve longer loss of consciousness and longer memory gaps. Those claims tend to run for years.
How a head injury is rated
Illinois pays injuries that are not on its body part list as a share of 500 weeks. A doctor or judge decides what share of a whole person you lost. The same law sets a floor of 6 weeks for a fractured skull.
Texas rates every injury against the whole body and pays three weeks for each percentage point of impairment. A 10 point rating there means 30 weeks.
Learn how your impairment rating is set, because a few points can mean months of pay.
When a brain injury means pay for life
Some states treat the worst head injuries as a total loss. Florida presumes you are permanently and totally disabled after a severe brain or closed-head injury with set signs, like severe speech or motor trouble.
Texas pays lifetime income benefits for a brain injury that leaves a lasting thinking disorder. The worker must need help with daily self care and be unable to work for good.
These claims are worth far more than a scheduled award. Insurers fight them hard, often with their own doctors.
Scars, eyes and other head losses
A head injury can leave a scar that costs you work. Ohio can award up to $10,000 for serious face or head disfigurement that hurts your chances of getting or keeping a job.
Illinois pays for disfigurement of the head, face and neck, up to 162 weeks for injuries after early 2006. Lost vision and hearing are often rated on their own lines too, on top of the brain claim.
Why head injury claims get disputed
A CT scan can look normal after a real brain injury. Insurers use that to say you are fine or that your problems come from age, stress or old headaches.
- Ask your doctor about testing of memory and focus.
- Keep a short daily log of symptoms.
- Ask a spouse or coworker to write down what changed in you.
If the insurer sends you to its own doctor, read about the independent medical exam first. Depression after a head injury can be part of the claim too; see mental injuries.
Before you settle a head injury claim
Brain injuries can keep changing for a long time. Settling before the doctor says you have stopped improving can leave out therapy, drugs and lost work you have not hit yet. If Medicare may pay later, a set-aside can be part of the deal.
Your lawyer is paid from the award, inside a cap your state sets, so there is no bill to start. Filing dates differ by state; find yours on workers comp by state.
People also ask
What is the average settlement for a concussion at work?
No agency publishes one. The value depends on your rating, your wage and whether the symptoms last.
Can I get workers comp for a head injury with a normal CT scan?
Yes. Mild brain injuries often do not show on a scan. Testing, records and the people around you can prove the change.
Does workers comp pay for memory problems after a head injury?
It can, if a doctor ties them to the work injury. Memory and focus problems belong in your rating and your care plan.
How long should I wait to settle a brain injury claim?
Usually until your doctor says you have healed as far as you will. Rushing can leave out care you will need later.