A head injury can potentially be one of the most dangerous injuries you receive at work. These injuries might cause concussions, which can cause symptoms for longer than you might expect. They can also cause extreme injuries like traumatic brain injuries that take months to heal or never fully heal.
For help getting the benefits you deserve from Workers’ Comp, work with an experienced attorney. We can also pursue additional damages for things like pain and suffering through a lawsuit, when applicable. But you should never accept money or settle a case before speaking with a lawyer, as these cases often involve high-dollar damages you do not want to miss out on.
Reach out to Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945 for a free case review.
Types of Head Injuries Covered
Workers’ Compensation can cover a wide range of head and brain injuries acquired at work.
Concussions
Your employer should respect concussion protocols and give you the time away from work needed with a concussion, especially if you face post-concussion symptoms.
Traumatic Brain Injury
Traumatic brain injuries (TBIs) can result in lifelong disabilities from the damage to your brain.
Open and Closed Head Injuries
Whether an injury is open, meaning it has a skull fracture or penetrating injuries, or it is closed, without such injuries, you may still need benefits and medical care.
Scalp Injuries
Scalp injuries can require stitches and ongoing care, perhaps serious enough to require you to miss extended work while it heals.
Face Injuries
Facial injuries like broken orbitals can lead to time away from work and wage-loss benefits.
Dental Injuries
Even though dentistry is not always considered “medical” care, the care and time off for dental injuries should also be covered through Workers’ Compensation.
What Do You Need to Prove in a Workers’ Comp Case?
To win a Workers’ Compensation claim, you need evidence and doctors’ reports showing these three elements:
- You are a covered employee.
- Your injury was work-related, in that it happened because of workplace conditions or arose out of work tasks.
- Your injury is disabling, meaning you cannot work to earn your typical wage.
How Much Work Do You Need to Miss for Workers’ Comp?
Medical benefits apply as long as the injury is work-related. This means that if you fall and hit your head, and you go to the hospital for a CT scan and exams to check that you have no internal bleeding, your employer should cover this.
If it does leave you out of work for a few days, you need to miss 7 days before Workers’ Comp covers the 8th day of disability onward.
When Does a Head Injury Count as a Disability for Workers’ Comp?
A doctor can determine whether your head injury is disabling or not. Generally, Workers’ Compensation considers an injury disabling if you miss at least 7 days of work, but you only receive ongoing wage-loss benefits if it will continue to be disabling and reduce your wage-earning power.
Generally, an injury will be disabling if it makes it hard to work because you cannot sit or stand, your motor skills are affected, or you cannot concentrate because of the pain. If you can work full time with accommodations and face no wage loss, you might not be disabled. You can also claim partial benefits if you can work partially for a reduced wage.
What if You Can Do Partial Work?
Your ability to work is what dictates your benefit rate, while your status as “totally” or “partially” disabled is determined by a doctor.
Benefit Rate
If you cannot work at all, you get 2/3 of your pre-injury average weekly wage (AWW). This has a cap at the statewide AWW (set by law) and a floor at the lower of half that statewide average or 10% of your AWW.
If you can work partially, then you get 2/3 of the difference in what you make now and what you made before the injury. This cannot exceed the rate you would make if you could not work at all.
Partial Disability Status
Once you are on total disability benefits for 104 weeks, your employer can send you to an impairment rating evaluation (IRE) twice a year. If the IRE doctor finds your whole-body impairment rating is under 35%, you are switched to “partial” disability.
Your status can go back and forth as you get better or worse, but your partial disability benefits cannot last more than 500 weeks.
What Kinds of Doctors Does Workers’ Comp Cover for Head and Brain Injuries?
Workers’ Compensation should cover any doctors or specialists you need. In the first 90 days of care, you are only permitted to see doctors on your employer’s list of approved “panel doctors.” However, if you need a neurosurgeon, neurologist, or other specialist that is not on this list, you may be able to choose your own doctor.
After 90 days are up, you can typically see any Pennsylvania-licensed specialists you need.
What if You Need Occupational Therapy?
Occupational therapy, along with physical therapy, will typically be covered in a Workers’ Comp claim. This can be vital to getting you back in shape to perform activities of daily living, as well as work tasks.
Does Workers’ Comp Cover Pain and Suffering?
No. Workers’ Compensation only pays for medical bills, a portion of lost wages, and amputation/total loss injuries. It does not cover non-economic damages like pain and suffering.
To get these damages, you typically need to file an outside lawsuit. These require that you prove fault and that you choose a third party (i.e., anyone but your employer and coworkers) to hold responsible for the accident.
What Industries Are Covered Under Workers’ Comp?
Nearly all industries should be covered under Workers’ Compensation in Pennsylvania. There are a few carve-outs, such as no coverage for realtors and no coverage under the Pennsylvania system for federal employees.
Otherwise, any employer with at least one employee in the state must have coverage for their workers.
What is the Process of a Workers’ Comp Claim?
A Workers’ Compensation claim typically follows this process:
- Get medical treatment for injuries.
- Report your injury to your employer within 21 days.
- Call our lawyers for head injuries at work for help.
- Continue all required medical treatment.
- If your initial claim is denied, file a formal Claim Petition with the state within 3 years of the injury.
- Collect evidence and attend required medical exams, where both sides collect evidence of your injury and disability.
- Attend Workers’ Comp hearings with a Workers’ Comp Judge (WCJ).
- Await the WCJ’s decision, and accept your benefits or settle the case.
Call Our Head Injury Lawyers for Workers in Pennsylvania Today
For help with your potential claim, call Cardamone Law’s attorneys for head injuries at work at (267) 651-7945.
