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Common Types of Head Injuries and Their Impact on Your Claim
Head injuries, whether resulting from a fall, a blow to the head, or a workplace accident, often lead to lasting complications. In workers' compensation cases, these injuries can significantly impact the scope of benefits, the length of coverage, and the overall progression of a claim.
Claims involving head injuries are often more involved than others, requiring detailed medical documentation, strong legal representation, and an understanding of how such injuries affect the ability to work and live normally.
At Slape & Howard, we’ve helped many injury victims in Wichita, Kansas, understand the serious and lasting consequences of head injuries, as even mild ones can significantly impact physical, emotional, and cognitive functioning due to the brain’s central role. Our attorneys understand the system and work hard to help you document your claim and receive the benefits you deserve.
Let's look at the different types of head injuries and how they may influence a workers' compensation claim. As we explore each injury, we’ll also cover the kinds of evidence that support these claims and how insurers and employers may view your case.
A Rundown on Head Injuries Commonly Seen in Work-Related Accidents
When someone suffers a blow to the head on the job, the type and severity of the injury can vary widely. While some injuries result in a temporary disruption to one’s health, others may require surgery, rehabilitation, and long-term care. For workers compensation purposes, the type of injury often dictates the benefits available.
Common head injuries include:
Concussions: Often caused by a blow or jolt to the head, concussions may seem minor at first but can lead to persistent symptoms like headaches, memory loss, and mood swings.
Contusions (brain bruises): These involve bleeding on the brain and often occur alongside a skull fracture or severe impact.
Skull fractures: A break in the skull bone can cause swelling, bleeding, and damage to brain tissue.
Traumatic brain injuries (TBI): These are more severe forms of injury, potentially causing permanent disability or cognitive challenges.
Penetrating head injuries: Occur when an object breaks through the skull and enters brain tissue, usually requiring emergency surgery.
Diffuse axonal injuries: Caused by the brain moving violently within the skull, leading to widespread damage to brain cells.
Each of these injuries can affect a claim differently, depending on how long recovery takes and whether full recovery is possible. From this foundation, we can look further at how these injuries affect specific aspects of workers' compensation.
How Head Injuries Impact the Ability to Work
Physical symptoms are only part of the picture. Head injuries can interfere with concentration, balance, emotional regulation, and communication. These challenges directly affect a person’s ability to return to their prior role or adapt to a different one.
Work limitations commonly seen with head injuries include:
Reduced stamina or chronic fatigue: Even light-duty tasks may be difficult to manage for extended periods.
Cognitive impairments: Tasks requiring decision-making, memory, or attention to detail may no longer be safe or practical.
Sensitivity to light and sound: Many workplaces, especially industrial or office settings, can worsen symptoms.
Emotional regulation challenges: Brain injuries may trigger depression, anxiety, or irritability, which can affect relationships at work.
Delayed reaction times: A slower response can be dangerous in roles involving heavy machinery, vehicles, or quick decision-making.
These limitations often lead to temporary or permanent work restrictions. If the employer cannot offer a suitable alternative position, the injured worker may be entitled to continued workers compensation benefits or retraining under vocational rehabilitation programs.
Factors Influencing the Value of a Head Injury Claim
Not all workers compensation claims are valued the same. Claims involving head injuries tend to draw more scrutiny because of the potential for long-term effects and higher benefit amounts. Several factors play a role in how such a claim is viewed.
Key factors include:
Severity of the injury: More severe injuries, such as moderate to severe TBIs, typically result in higher payouts and longer benefit durations.
Length of recovery: Extended medical care and prolonged time off work can increase the value of a claim.
Impact on future earning capacity: If the injured person can't return to their previous position, compensation may reflect the change in income potential.
Evidence of disability: Clear medical records, neuroimaging (MRIs, CT scans), and evaluations by neurologists or neuropsychologists are important.
Disputes over causation: Employers or insurers may claim that symptoms were pre-existing or unrelated to the incident, which can affect the outcome.
Much like other workers' compensation cases, these head injury claims require clear and consistent medical evidence. Without it, insurers may try to downplay the injury's seriousness or deny ongoing care.
Long-Term Effects That Can Change the Course of a Claim
Some symptoms may not show up right away. This delay can make it harder to prove the full impact of the injury unless a lawyer steps in early. Long-term consequences of head trauma can take weeks or even months to surface, and they often carry serious implications for recovery.
Examples of long-term complications include:
Post-concussion syndrome: Persistent symptoms lasting beyond the normal recovery period, such as headaches, dizziness, and irritability.
Chronic traumatic encephalopathy (CTE): Linked to repeated head trauma, though diagnosis usually comes years later.
Seizure disorders: Some injuries increase the risk of seizures, which can be unpredictable and disabling.
Personality changes or mood disorders: Depression, anxiety, or aggression may become long-term problems, affecting relationships and work readiness.
Cognitive decline: Problems with memory, focus, or learning new tasks can hinder rehabilitation and career advancement.
As with any Workers Compensation claim, ongoing medical evidence and consistent documentation play a crucial role. When symptoms worsen or new problems arise after the initial claim, it may be necessary to reopen the case or seek additional evaluations.
Medical Evidence That Supports a Head Injury Claim
Establishing a strong claim begins with proper diagnosis and treatment. For workers compensation purposes, every aspect of the injury must be clearly documented to show that it happened on the job and continues to affect one’s ability to work.
Critical medical records in head injury claims include:
Emergency room reports: These often serve as the initial proof of injury and mechanism of trauma.
Neuroimaging scans: MRI or CT scans can show bleeding, swelling, or structural damage to the brain.
Neurologist assessments: These specialists often identify changes in motor function, reflexes, and mental status.
Neuropsychological testing: This evaluates memory, focus, reasoning, and emotional functioning.
Treatment notes and therapy reports: Documentation of physical, occupational, or cognitive therapy helps track progress or setbacks.
These records must align with the worker’s reported symptoms and limitations. Any inconsistency can weaken the claim, just as inconsistencies can affect credibility in other workers compensation cases.
Common Challenges in Proving Head Injuries
Unlike broken bones or visible wounds, many head injuries are internal and difficult to prove without strong medical backing. Symptoms may be vague, delayed, or intermittent, making insurers more likely to dispute them.
Frequent obstacles include:
Lack of immediate symptoms: If the injured worker didn’t lose consciousness or feel immediate pain, the injury may not have been documented quickly.
Employer skepticism: Some workplaces may question the severity of the injury, especially if the worker didn’t report it right away.
Disputed causation: Employers or insurers may claim the injury came from a non-work activity or was pre-existing.
Subtle symptoms: Fatigue, irritability, or brain fog may be dismissed as unrelated or exaggerated.
In light of these challenges, it’s important to have legal support familiar with how head injuries function within the workers' compensation system. This is especially important when the injury leads to extended time off work or disputes about return-to-duty status.
Legal Strategies That Support Head Injury Claims
Every workers' compensation case is different, but head injuries often benefit from additional planning and evidence. The legal approach may vary depending on the severity of the injury, the responsiveness of the employer, and the extent of care needed.
Common legal steps include:
Securing independent medical evaluations: These can provide an unbiased opinion about the injury and its long-term impact.
Filing for permanent partial or total disability: If the injury permanently affects earning capacity, formal applications may be needed.
Requesting vocational rehabilitation services: These programs help injured workers retrain for new jobs if they can’t return to their old roles.
Pursuing settlement negotiations: A lump-sum settlement may be appropriate in cases involving permanent limitations or ongoing care.
Monitoring retaliation or wrongful termination: If the injury leads to job loss, additional legal action may be considered.
As with other workers compensation issues, these steps must be carefully timed and supported by documentation. A lawyer familiar with these types of injuries can help the injured party take the necessary steps without missing deadlines or damaging the claim.
Head Injuries and Secondary Psychological Conditions
In some cases, the injury itself leads to psychological problems like depression or anxiety. These aren’t just side effects—they may become disabling conditions on their own. Workers compensation claims may be extended or modified to include them, especially when clearly linked to the original injury.
Psychological conditions commonly connected to head injuries include:
Depression and withdrawal: Often resulting from frustration with slow recovery or inability to return to normal life.
Anxiety or panic attacks: Especially common when memory problems or physical vulnerability persist.
Sleep disorders: Head trauma can affect the ability to fall or stay asleep, worsening fatigue, and concentration.
Post-traumatic stress disorder (PTSD): May develop when the injury occurred during a traumatic incident such as a fall from height or a machinery accident.
These secondary symptoms should be documented by a mental health professional and supported with progress notes or therapy records. As with physical symptoms, their presence can increase the value and duration of the workers' compensation claim.
Contact Us Today
If you've suffered a head injury at work, legal help can make a meaningful difference in how the claim is handled. At Slape & Howard, we focus on helping clients understand their options and confirm that the injury is fully documented and taken seriously. We serve Wichita and all of Kansas. Call now to schedule an appointment.