Workers’ comp head injury settlements can be substantial and can be pivotal in helping you recover financially, physically, and emotionally from a head injury at work. The type and amount of settlement can vary significantly depending on the kind of head injury, the benefits you are eligible for, and whether you also have a viable civil lawsuit. At EMP Law, we compiled this blog to help you better understand workers comp head injury settlements and your right to compensation.
Types of Workers’ Comp Head Injuries
Employees who suffer head injuries at work may be entitled to compensation. Workplace head injuries can be superficial and immediately apparent, as with an open gash or bleeding wound. They can also be internal and not obvious from the outside, as with a concussion.
The most common head injuries include:
- A concussion,
- Post-concussion syndrome,
- Contusion or bruising,
- Cuts,
- Skull fractures,
- Traumatic brain injuries, and
- Anoxic brain injuries (i.e., oxygen deprivation).
Signs, symptoms, and lasting effects of head injuries include:
- Headaches and migraines,
- Memory loss,
- Dizziness,
- Nausea and vomiting,
- Fatigue,
- Seizures,
- Difficulty sleeping,
- Difficulty speaking, and
- Loss of coordination.
Many of these symptoms and effects will overlap. In other words, it is common to experience multiple symptoms at once and for long periods of time.
Traumatic Brain Injury Workers’ Comp Settlement
A traumatic brain injury (TBI) occurs from a violent jolt or blow to the head that can either be penetrating or non-penetrating. A penetrating TBI occurs when an object pierces the skull and penetrates the brain. Examples of penetrating TBIs include when a bullet or knife pierces the skull. A non-penetrating TBI is caused by an external force that violently moves the brain within the skull. An example of a non-penetrating TBI could be when your head collides with a part of the car during a crash.
TBIs can vary in severity but almost always affect a person’s ability to think, understand, move, and communicate. Some are temporary, while others are permanent and debilitating. Some can even be fatal. Penetrating TBIs are usually evident because you can see that a foreign object went through the skin, skull, and into the brain. Non-penetrating TBIs can be even more dangerous because they often go initially undiagnosed and, therefore, untreated. If you hit your head in a workplace accident, it is essential to seek immediate medical attention to ensure you do not have internal bleeding, swelling, or other less obvious injuries.
Workers’ Comp Head Injury Settlements in North Carolina
Head injuries can happen under many different circumstances in various workplace scenarios. They can be minor, moderate, or severe and life-altering. Workplace head injuries can be caused by:
- Falling objects, including inventory or merchandise;
- Motor vehicle accidents;
- Heavy machinery;
- Slip and falls;
- Fall from a height;
- Malfunctioning equipment;
- Physical violence;
- Explosions; and
- More.
Some head injuries are immediate and apparent, while others manifest slowly over time. However, the most severe head injuries can permanently alter your life.
Industries with the Highest Rate of Workers’ Comp Head Injury Settlements
While head injuries can happen to anyone in almost any work setting, some specific industries and professions are much more prone to head injuries and worker’s comp claims.
Professions with a greater risk of head injury include:
- Construction workers,
- Police officers,
- Firefighters,
- Professional athletes,
- Trash and waste management,
- Dock workers, and
- Commercial truck drivers.
While these professions and others may be at a higher risk of sustaining a head injury, almost all professions carry at least a small risk. For instance, a clerical worker who usually sits behind a desk can slip and fall on a wet floor and sustain a traumatic brain injury.
No matter your line of work or how the accident occurred, you may be entitled to a worker’s compensation settlement for your head injury.
Average Settlement for Traumatic Brain Injury
When you suffer a traumatic brain injury on the job, your life is undoubtedly turned upside down, and you are likely unable to return to work. Your bills may pile up, and your financial future may be uncertain. Because of this, we are frequently asked, What is the average settlement for a traumatic brain injury?
The answer is that there really is no “average” settlement because TBIs can vary so significantly in their seriousness and need for treatment. Simple concussions will result in less compensation than severe injuries. Many TBI victims require lifelong medical care and physical adaptations to their homes, cars, and everyday lives. The cost of this care can be astronomical and will be factored into any settlement.
The amount of compensation will depend on several factors unique to your circumstances. One of the most important factors to consider is your claim type.
Workers Comp Head Injury Settlements
If you have a workers’ comp claim, you are generally limited in seeking medical benefits and wage replacement benefits. The insurer may cap compensation for certain injuries, and your compensation may be limited to that maximum amount. However, if your employer’s actions were particularly egregious because they acted with gross negligence, you might be able to sue for noneconomic damages as well.
How Does Disability Factor In?
Workers’ comp benefits are payable even before reaching a final settlement. In addition to paying for medical costs, workers’ compensation can provide either Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) compensation, depending on your injury and ability to continue working. If your injury prevents you from working, you may be eligible for Temporary Total Disability (TTD) benefits. If you can still work but in a limited capacity and earn a lower wage, you may qualify for Temporary Partial Disability (TPD) benefits.
Your attorney will discuss with you what benefits you may be entitled to temporarily or permanently.
Traumatic Brain Injury Civil Lawsuit Settlement
Depending on the circumstance of the work accident, you may have a valid third-party civil liability case against someone other than your employer. For instance, if you suffer a TBI from a malfunctioning forklift that crashed down and hit you over the head, you may be able to file a personal injury lawsuit against the forklift manufacturer seeking additional damages.
Types of Damages Factored Into a Settlement
The types of damages considered in a settlement or award generally fall into two categories:
Economic and noneconomic damages.
Economic Damages
Economic damages compensate a head injury victim for their direct financial losses. These include:
- Past and future medical expenses,
- Past and future lost wages,
- Lost health insurance benefits, and
- Lost pension or other retirement earnings.
Adding receipts, invoices, and estimates can give you a reliable assessment of your economic damages.
Noneconomic Damages
Noneconomic damages compensate you for the negative impact the injury has had on your life. Examples of noneconomic damages include the following:
- Pain and suffering,
- Emotional distress,
- Loss of consortium,
- Disfigurement, and
- Loss of enjoyment of life.
Because noneconomic damages are subjective, they can be more challenging to negotiate or prove. Having a seasoned workers’ compensation attorney advocate for you helps to ensure you receive maximum compensation.
Steps to Take to Obtain a Workers Comp Head Injury Settlement in North Carolina
Taking the required and necessary steps after suffering a head injury at work will ensure a smoother settlement process.
Report Your Injury
You must report your head injury to your employer or supervisor as soon as possible. This typically must be done within 30 days.
Seek Immediate Medical Treatment
Whether you require emergency medical treatment or not, you should see a doctor immediately. Immediate medical care documents the injury, ensures you know of unseen injuries, and helps you avoid exacerbating your condition. You must continue with all prescribed medical treatment by the workers’ compensation insurance carrier’s physicians to be eligible for benefits.
File a Workers’ Compensation Claim or Third-Party Action
Depending on the circumstances, you should file a workers comp claim or traumatic brain injury lawsuit as soon as possible to preserve your right to a settlement. In certain situations, you may even be able to file both.
North Carolina Workers’ Comp Head Injury Lawyers
If you have questions about workers’ compensation head injury settlements and want to pursue a claim, our team is always available for a consultation. At EMP Law, we have over 140 years of combined experience representing injured workers. Contact us today to schedule a case evaluation.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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