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WORKERS COMP HEAD INJURY- Baltimore Workers Comp Lawyer

Workers Comp Head Injury

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The value of a workers comp head injury case

Ultimately the value of any head injury case is going to vary from one case to another.  There are a number of factors that can move the value of a workers comp head injury case 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 and these workers comp head injury cases tend to have a lower value.

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 a workers comp head injury victim has remaining problems at the time they are discharged from medical care value of the case is substantiated.  Head injuries may result in ongoing or periodic head aches, dizziness, vision issues, pain, confusion which are all symptoms that may substantiate the workers comp head injury case and its value.

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. 

Workers Comp Head injury cases can be complex under Maryland law

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 workers comp 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.

Neuropsychological conditions can often arise in workers comp 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.

In addition to neuropsychological issues arising in workers comp head injury cases often times there is underlying physical issues with the cervical spine.  Treatment to the cervical spine may potentially lead to releif of symptoms.  Again, a discussion with a qualified physician about potential damage to the cervical spine may be necessitated.

 It is important to have a qualified and experienced Baltimore workers compensation lawyer when dealing with a workers comp head injury case.  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.

Potential treatment received in a workers comp head injury case

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 workers comp 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 workers comp 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.

These workers comp head injury cases later settled for amount ranging from $8,000 to over $100,000.  As with any injury case and especially workers comp head injury cases, each case varies greatly and depends on many factors along the way.

See Also:

Workers Comp terms and definitions

Know your rights

Baltimore workers Compensation Lawyer

 

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Workers Comp Head Injury
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Workers Comp Head Injury
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Workers Comp head injury cases are often the most complex cases requiring a qualified and experienced Baltimore workers compensation lawyer.
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Work Injury Maryland
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