Returning to Work After a Head Injury

A head injury can turn a person’s life upside down in a matter of seconds. Many workers find themselves dealing with memory issues, dizziness, headaches, or difficulty concentrating after the incident. Returning to work after such an injury can feel uncertain and frightening. Questions about recovery, job security, and more weigh heavily on injured workers and their families.

At Slape & Howard, we’ve seen how deeply a head injury can affect every part of a person’s life. Here, our Wichita, KS workers compensation attorneys discuss returning to work after a head injury and explain what rights workers have in this situation. If you or someone you care about is facing this situation, reach out to us today for guidance and support.

What Counts as a Head Injury in the Workplace

Head injuries can happen in nearly any work environment, from construction sites to office buildings. They may occur because of falls, falling objects, machinery accidents, or even sudden movements that cause the brain to jolt within the skull. Common types of work-related head injuries include the following:

• Concussions: Often caused by a blow to the head, concussions can lead to confusion, dizziness, and memory problems

• Traumatic brain injuries (TBIs): More severe injuries that can result in permanent cognitive or physical impairments

• Skull fractures: Breaks in the skull that can lead to bleeding, infection, or neurological damage

• Penetrating head injuries: Occur when an object pierces the skull, often requiring emergency surgery

Even a “mild” head injury can have lasting consequences, especially if it’s not properly diagnosed and treated. That’s why it’s essential for workers to seek immediate medical attention after any incident involving a blow or jolt to the head. It’s equally important to report it to your employer right away, to protect your ability to receive workers compensation benefits later on.

The Challenges of Returning to Work After a Head Injury

Returning to work after a head injury isn’t always straightforward. Even when symptoms seem to improve, fatigue, sensitivity to light, or difficulty concentrating can make it difficult to resume normal duties. Some workers may push themselves too hard, only to experience a setback or worsening symptoms.

Employers may also misunderstand the invisible nature of a head injury. Unlike a broken bone or visible wound, brain injuries don’t always show clear signs. This can lead to unrealistic expectations or pressure to return to work before full recovery. Common challenges workers face when returning include:

• Cognitive limitations: Trouble focusing, remembering instructions, or multitasking

• Physical difficulties: Headaches, balance issues, or sensitivity to noise and light

• Emotional changes: Anxiety, mood swings, or depression following a traumatic event

• Workplace adjustments: Needing modified duties or shorter hours to prevent fatigue

These challenges highlight why it’s so important for injured workers to understand their rights under Kansas law before returning to the workplace. Working with an experienced workers compensation attorney is essential for those facing a head injury. Contact Slape & Howard today to discuss your situation and protect your rights.

Workers’ Rights After a Head Injury

Kansas workers compensation law provides protections for employees who suffer injuries on the job, including head injuries. If a doctor confirms that a worker’s condition is related to their employment, they’re generally entitled to medical care, wage replacement, and rehabilitation benefits. Key rights under Kansas workers compensation include:

• Medical treatment coverage: Workers are entitled to necessary medical care for their injury, including visits to specialists, physical therapy, and medications.

• Temporary total disability benefits: If the worker can’t perform their job while recovering, they may receive partial wage replacement during that period.

• Permanent partial disability benefits: If the head injury causes lasting impairment but doesn’t prevent all work, long-term benefits may apply.

• Job protection: Employers can’t legally retaliate against an employee for filing a workers compensation claim.

Knowing these rights helps workers make informed decisions during recovery and when returning to work. It also empowers them to recognize when their employer or insurer may be acting unfairly. By understanding what benefits they’re entitled to, workers can focus on healing rather than worrying about financial uncertainty or job security.

Communicating With Your Employer and Doctor

Clear communication is one of the most important parts of returning to work safely after a head injury. Both your doctor and your employer need accurate information about your condition and work restrictions. Start by discussing your current symptoms with your physician. Ask whether you can safely perform your regular duties or if modified work is recommended. 

Once you have written restrictions, share them with your employer. This documentation helps protect you from being assigned tasks that could make your condition worse. It also establishes a clear record that your return to work is based on medical guidance, not workplace pressure. Important topics to discuss with your doctor and employer include:

• Work hours: Whether you should start with part-time or full-time hours

• Physical demands: Lifting limits, movement restrictions, or exposure to bright lights

• Cognitive demands: Tasks that involve concentration, quick decision-making, or heavy screen time

• Recovery timeline: Expected milestones and follow-up appointments.

Having these conversations early can reduce misunderstandings and promote a safer, more gradual return to work. If an employer pressures you to return to full duty before your doctor clears you, or refuses to accommodate restrictions, it may be time to seek legal advice. We often help workers in Kansas assert their right to heal properly without risking re-injury.

When Employers Must Provide Accommodations

Under federal and state law, workers with lasting symptoms from a head injury may qualify for reasonable accommodations under the Americans with Disabilities Act (ADA). These accommodations help employees continue working safely without worsening their condition. Common accommodations may include the following:

• Modified schedules: Allowing shorter workdays or flexible hours

• Quiet workspace: Reducing noise and distractions to improve focus

• Reduced screen time: Providing printed materials or tinted screen covers

• Additional breaks: Allowing extra rest periods during the day

• Assistive technology: Using devices or programs that support memory and organization

Employers are expected to engage in an interactive process to determine what accommodations are reasonable. If an employer refuses to consider adjustments, the worker may have grounds for a legal claim. An experienced workers compensation attorney can hold employers accountable when they fail to follow ADA requirements.

Medical Evaluations and Return-to-Work Decisions

Doctors play a central role in determining when an employee can safely return to work. After a head injury, physicians often perform neurological tests, cognitive assessments, and balance evaluations to measure recovery. Their professional opinion often serves as the foundation for when and how a worker can resume duties without risking further harm.

However, recovery from a brain injury doesn’t follow a predictable timeline. Some workers may feel fine one day and exhausted the next. Returning too soon can lead to prolonged symptoms or secondary injuries. Each person’s healing process is unique, which is why medical clearance should always be personalized rather than based on standard recovery charts.

What to Do If You’re Pressured to Return Too Soon

Sadly, some employers pressure injured workers to return before they’re ready, especially if they’re short-staffed or concerned about insurance costs. Workers may worry that refusing could cost them their jobs. Document all communications from your employer and keep copies of medical records stating your limitations. If you’re pressured to return early, you can:

• Provide written documentation: Give your employer a copy of your doctor’s current restrictions.

• Request modified duties: Suggest tasks that fit within your physical and cognitive limits.

• Report retaliation: Contact the Kansas Department of Labor or a workers comp lawyer if your employer threatens or punishes you for following medical advice.

Protecting your health should always come first. No one should risk long-term damage just to meet workplace demands. Taking the time to recover fully helps prevent setbacks that could keep you out of work even longer. Remember, prioritizing your well-being today supports a safer and more sustainable return to work in the future.

Speak With a Qualified Attorney Today

A head injury can change how you work, think, and live, but it doesn’t have to end your career or financial stability. If you or someone you love is recovering from a head injury, you don’t have to face the related challenges alone. Whether you’re preparing to return to work or struggling with lasting symptoms, we’re here to help you take the next step forward with confidence.

At Slape & Howard, based in Wichita, Kansas and serving clients across Kansas, we’re committed to helping workers understand their rights after experiencing a head injury on the job. Reach out to our firm today to schedule a consultation to discuss your situation and learn how we can help protect your rights after a head injury.