Workers’ Compensation for Workplace Traumatic Brain Injuries in Durham

Key Takeaways

• Workplace accidents can cause serious concussions and traumatic brain injuries (TBIs), even without a direct blow to the head.
• TBIs may qualify for NC workers’ compensation if they occurred on the job and cause impairment or disability.
• Report your head injury immediately, seek medical care, and document everything to protect your claim.
• Workers’ comp benefits may include full medical treatment and partial wage replacement.
• Symptoms of a TBI can be delayed—early diagnosis is critical for your health and your claim.
• Insurance companies often downplay or deny TBI claims, especially when symptoms aren’t obvious.
• An experienced Durham workers’ compensation lawyer can help maximize benefits and fight denied claims.

Workplace accidents in Durham, Sanford, and all across North Carolina can result in a wide variety of severe injuries to employees. Some of the most severe workplace injuries are concussions and traumatic brain injuries (TBI’s). TBI’s can result from a blow to the head, violent shaking, whiplash, motor vehicle collisions, blast injuries, falls, and rapid movements that cause the head to snap back and forth or side to side.

If you experienced a head injury while on the job, contact Kornbluth Ginsberg Law Group, P.A., for a free consultation with a traumatic brain injury workers’ comp lawyer. We will review your case and explain the process of seeking a workers’ comp head injury settlement.

Call us 24/7 at 919-980-9895 or complete our contact form now for a free consultation with our Durham workers’ compensation lawyers. Our office is conveniently located at 3400 Croasdaile Drive, Suite 300, Durham, NC. We can help you!

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What Are the Criteria for a Traumatic Brain Injury?

A traumatic brain injury (TBI) is any injury to the brain caused by blunt or penetrating forces. For example, a blunt strike to the head can cause the brain to collide with the inside of the skull, leading to swelling and bleeding. Additionally, a TBI can occur when an object penetrates the skull and strikes the brain directly.

TBIs can either cause impairment or disability, depending on their severity. Under NC workers’ compensation law, an impairment is a medical condition characterized by a functional abnormality caused by the injury. A disability is when an impairment impedes the injured worker’s ability to engage in gainful employment activity.

To determine whether your concussion or TBI qualifies for workers’ compensation benefits and what benefits you may be entitled to, the insurance company will look at whether your injury was due to an accident and occurred in the course and scope of your employment. If the injury is compensable, the insurance company will look at the degree to which your TBI or concussion injury causes impairment or disability.

What to Do If You’ve Suffered a Head Injury at Work

After sustaining a head injury at work, you should take the following steps to strengthen your workers’ compensation claim and maximize your benefits:

• Seek immediate and ongoing medical treatment for your head injury and tell the doctor how and when you were injured at work. That will not only improve your condition but also create a paper trail of your treatments.
• Report the injury to your employer or supervisor immediately or at least within 30 days of the incident. Failure to report your injury on time could result in your traumatic brain injury case being denied. It is always best to report the injury ASAP, even a text message to your supervisor will be enough.
• Document the incident and your injuries with photographs and written notes. If you cannot document the accident scene, try to see if someone else can do so on your behalf.
• Consult our experienced attorneys for workers’ compensation claims involving head injuries. Working with a workers’ comp attorney from Kornbluth Ginsberg is the strongest way to maximize your benefits.

What Are My Options for Compensation for a Work-Related Head Injury?

When seeking workers’ compensation for a brain injury in Durham, Sanford or anywhere in North Carolina there are several benefits you may be entitled to, including medical care and partial wage-replacement coverage.

Medical care benefits cover all reasonable and necessary medical treatments related to your head injury. That includes emergency medical treatment, follow up and specialized medical care, diagnostic studies such as MRIs and CT scans, physical therapy, and medical devices.

Wage-replacement benefits provide two-thirds of your pre-injury average weekly wage up to a maximum amount set by the state each year. Partial wage-replacement benefits may continue until you can return to work.

In many traumatic brain injury claims, your employer’s insurance company may try to pressure you into settling your claim quickly. However, it is often in your best interest to wait to settle your claim until after you have reached maximum medical improvement (MMI). That is the point at which further medical treatment is unlikely to result in additional recovery.

Signs and Symptoms of a Work-Related Head Injury

Recognizing the signs and symptoms of a traumatic brain injury can help you receive the medical care you need.

In the short term, TBI symptoms to watch out for include:

Brain injuries may also lead to long-term symptoms.

If you experience any of the following, notify your doctor immediately:

It is essential to consult a medical professional after experiencing any blow or jolt to the head, even if you initially feel fine after the accident. It may take time for your brain to swell and for symptoms to start appearing. Prompt diagnosis and treatment can protect your health and your potential workers’ compensation claim.

Common Challenges and Denials in Workers’ Compensation for Traumatic Brain Injuries

Employees seeking workers’ compensation benefits for head injuries may face several common challenges, including disputes over injury severity, delayed symptoms, and claim denials from insurance providers.

One of the most common challenges injured workers face is their employer or the insurer downplaying the severity of their TBI. That typically happens because the insurer wants the employee to return to work as soon as possible so it can terminate wage-loss benefits, or because it does not want to pay for further treatment.

Insurance compainies can have difficulty understanding common treatments for concussion and TBI injuries. Treatment with a speech language pathologist, a form of physical therapy called vestibular therapy to help with balance issues and treatment with a neuro ophthalmologist or neuropsychologist are all common but sometimes adjusters have a hard time seeing how the treatment relates to the TBI or concussion and they deny the care.

In some cases, workers may also have trouble establishing a connection between their brain injury and their job if their symptoms are delayed. That is why it is always a good idea to get immediate medical attention after being involved in any kind of workplace accident.

Insurance providers sometimes outright deny TBI workers’ comp claims in the hopes that the injured worker will simply give up on seeking the compensation they deserve. Our experienced workplace head injury attorneys can fight for your rights and appeal any claim denials or undervalued benefit awards.

How a Durham Workers’ Compensation Lawyer from Kornbluth Ginsberg Can Help

Our lawyers have offices in Durham and Sanford and we represent injured workers all across North Carolina. Our workers’ comp team can help you seek workers’ compensation benefits for your traumatic brain injury or concussion in Durham, Sanford or anywhere in North Carolina by providing the following services:

If you suffered head injuries at work in Durham, Sanford or anywhere in North Carolina, call us 24/7 at 919-980-9895 or contact Kornbluth Ginsberg online for a free consultation with one of our compassionate and knowledgeable workers’ compensation attorneys.

With more than 100 years of combined legal experience, our attorneys and staff are dedicated to treating every client with the same care, respect, and understanding that we would want for our own families in their time of need.