The value of a head injury in a Maryland workers compensation case
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Ultimately the value of any head injury case is going to vary from one to another. There are a number of factors that can move the value up or down. Like any other workers comp injury, positive diagnostic tests- xrays, mri’s, ct scans, emg, ncs will provide clear evidence of injury. Diagnostics showing fractured bones, torn ligaments, and/or nerve damage have a tendency to increase value because there is objective proof of injury. When there are no diagnostics, or negative diagnostics the presence of injury is only subjective and becomes a he said, she said case.
The treatment provided to the injured worker can reflect the severity of the head injury and lead to an increased settlement or permanency award. While the treatment the injured Maryland worker receives does not guarantee any compensation, it can often lead to an increase when it is significant.
Again like any other Maryland workers compensation case, when an injured worker has remaining problems at the time they are discharged from medical care any value of the case is substantiated. Head injuries may result in ongoing or periodic head aches, dizziness, vision issues, pain, confusion, et cetera.
A diagnosis from a qualified physician will certainly play a part in evaluating a head injury case under Maryland workers compensation law. In the event the injured worker is diagnosed with a minor concussion the value may be lower than if the injured worker is diagnosed with a severe occipital neuralgia.
Head injury cases can be complex under Maryland Workers compensation
- Diagnostic tests are invaluable to treating doctors because they can help accurately diagnose a medical condition and the cause of the symptoms. MRI’s and CT scans can help reveal fractures, soft tissue injury, and brain damage in head injury cases. What makes head injury cases so complex is that diagnostic tests are not as helpful when diagnosing a brain condition. “Due to the diffuse and subtle nature of mild brain injury, it is common for typical neuroimaging (CT scan or MRI’s) to show no evidence of injury.” Brain Injury Association of America.
It is important to have a qualified and experienced Maryland workers compensation attorney when dealing with a head injury. Often times an injured worker will need continuing medical care even though there are negative diagnostic tests. An attorney that understands the complexities of head injuries can help ensure continued treatment is obtained.
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- Neuropsychological conditions can often arise in head injury cases and are occasionally overlooked for one reason or another. When someone has sustained a head injury it is important to consider the psychological health as there is often a correlation between the brains function and behavior and cognition. This is usually something that must be addressed by a neuropsychologist rather than a psychologist or neurologist alone.
Potential treatment received in head injury workers comp cases
- Rest and medication is often the first course of treatment provided to workers who have sustained a head injury. After a week or so of rest it seems physicians will move towards therapies and diagnostics.
- Physical therapy to the neck and head is often provided after a course of rest and medication. Therapy modalities may include cold, heat, and electrical stimulation. Therapists may focus on neck movement and strengthening to pinpoint nerve issues stemming from the cervical spine as well as in the head and brain.
- As previously mentioned there is often a psychological component that comes into head injury cases. While psychological treatment is often met with reluctance from the employer and insurer, the injured worker may very well be entitled to treatment under Maryland workers comp laws.
- Injections and/or rhizotomies may also be a form of treatment provided to injured workers who have sustained a serious head injury. Injections may focus on stopping the pain that the injured worker is experiencing by blocking the nerve pain.
- Surgery is usually the last resort in treating head injuries.
Some Head injury Cases we have handled
- Traumatic brain injury when a teacher was struck in the back of the head by an unruly student. The teacher went on to received 6 physical therapy sessions and was seen by a neurologist one time.
- Employee injured his neck and back when a distribution center door swung into the front of his head and knocked him back which resulted in impact to the front and back of his head.
- Car hatch was slammed down onto the back of the employees head which lead to years of disability. Neck and head injury lead to the employees inability to work.
- Pizza delivery man was assaulted and hit in the back of the head and pushed down a flight of steps.
- Department store worker sustained injuries to the back of her head when a store sign hit her while she was putting merchandise away.
For a Free consultation regarding your head injury case contact Maryland workers compensation attorney Andrew Rodabaugh here +1 (410) 937-1659