Can You File a Workers’ Comp Claim for a Head Injury or Traumatic Brain Injury at Work?

Key Takeaways

• Many work-related head injuries and traumatic brain injuries qualify for workers’ compensation in Georgia. If your injury arose out of and occurred in the course of your employment, you may be eligible for authorized medical treatment, partial wage replacement, and other benefits.
• A workplace head injury doesn’t have to involve a catastrophic accident. Concussions, skull fractures, brain bleeding, and other head injuries can result from falls, falling objects, vehicle collisions, machinery incidents, slip and falls, and other job-related accidents across many industries.
• Report your injury to your employer, seek medical attention right away, tell your physician about every symptom, follow your treatment plan, and keep copies of important records related to your injury and treatment.
• Workers’ compensation may provide several types of benefits. Depending on your injury and your ability to work, you may qualify for authorized medical care, Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Partial Disability (PPD), or additional benefits if your injury is classified as catastrophic.
• A Georgia workers’ compensation attorney can help if problems arise with your claim. Legal guidance may be helpful if your claim is denied, your benefits stop, the insurance company disputes your diagnosis, or you have questions about your rights.

Head injuries and traumatic brain injuries can happen at work under a wide range of circumstances. You could be dodging coworkers in a busy kitchen when you slip on spilled oil and hit your head. If you work in construction, you could suffer a brain injury if you fall off a ladder or scaffolding. The question is, can you file a workers’ comp claim afterward?

The answer is yes – you may have the right to benefits through Georgia’s workers’ compensation system. You don’t even have to prove that your employer or a coworker caused the accident. Some workers with traumatic brain injuries may also qualify for vocational rehabilitation and lifetime medical benefits if their injury meets Georgia’s definition of a catastrophic injury. In this article, we’ll go over what you need to know and how a workers’ compensation lawyer can help.

What Is Considered a Work-Related Head Injury?

A work-related head injury is any injury to the head, skull, brain, or surrounding tissues that arises out of and occurs in the course of your employment. These work injuries can result from a single accident, such as a fall from a ladder or being struck by a falling object. They can also vary in severity: some people return to work comparatively quickly, while others experience permanent lifestyle changes.

Common examples of workplace head injuries include:

• Concussions: A head concussion is a traumatic brain injury caused by a blow, jolt, or impact. A worker doesn’t have to lose consciousness to sustain a concussion. Symptoms can include headaches, dizziness, nausea, confusion, sensitivity to light or noise, memory problems, and difficulty concentrating. 
• Traumatic Brain Injuries: A traumatic brain injury, or TBI, occurs when an external force damages the brain. The injury may result from a blunt force, a violent jolt that causes the brain to move inside the skull, or an object that penetrates the skull. Workplace falls, struck-by accidents, vehicle collisions, machinery incidents, and explosions are among the leading causes of these injuries.
• Skull Fractures: A skull fracture is a break in one or more bones of the skull. These injuries can occur after falls, falling objects, vehicle crashes, or other high-impact accidents. Some skull fractures heal without surgery, while others need emergency medical care because of brain swelling, bleeding, or damage to nearby tissues.
• Intracranial Hemorrhage: An intracranial hemorrhage is bleeding inside or around the brain. This condition is a medical emergency because pressure from the bleeding can damage brain tissue. Workers with severe headaches, repeated vomiting, confusion, seizures, or loss of consciousness after a head injury should receive immediate medical care.
• Brain Contusions: A brain contusion is bruising of the brain tissue caused by a direct impact to the head. A contusion may occur by itself or with other brain injuries. Depending on its size and location, treatment may involve observation, medication, or surgery.
• Penetrating Head Injuries: A penetrating head injury occurs when an object breaks through the skull and enters the brain. These penetrating wounds are uncommon but can happen during construction, manufacturing, logging, or industrial accidents involving tools, machinery, or flying debris. 
• Facial Fractures and Other Head Trauma: Some workplace accidents cause fractures of the face, jaw, or eye socket along with a head injury. These injuries may affect vision, breathing, chewing, or speech. A worker may also sustain damage to the neck or spinal cord during the same accident.

A head injury doesn’t have to result in permanent brain damage before you can file a workers’ compensation claim. If your injury arose out of and occurred in the course of your employment, you may qualify for benefits for authorized medical treatment and, when applicable, weekly wage loss or permanent impairment benefits under Georgia’s workers’ compensation system.

Common Accidents That Cause Workplace Head Injuries

Construction sites, warehouses, factories, hospitals, farms, and transportation jobs all involve hazards that can result in head trauma. Examples include:

• Falls From Heights: According to the Centers for Disease Control and Prevention, falls from elevated work surfaces are a leading cause of traumatic brain injuries in the workplace. These surfaces include ladders, scaffolding, roofs, bucket trucks, aerial lifts, loading docks, or elevated platforms. Even when fall protection equipment is used, striking the ground or nearby equipment can result in a concussion, skull fracture, or internal bleeding.
• Slip and Fall Accidents: Wet floors, loose extension cords, uneven pavement, damaged flooring, ice, spilled materials, and debris can cause someone to lose their footing. Hitting the floor, shelving, machinery, or another object may produce injuries that need emergency medical care.
• Being Struck by an Object: Construction sites, warehouses, and other industrial settings contain many hazards that can strike an employee without warning. Falling tools, suspended loads, steel beams, lumber, pipes, pallets, boxes, and equipment components can produce enough force to cause a concussion or another traumatic brain injury. 
• Motor Vehicle Accidents: Delivery drivers, truck drivers, utility employees, home healthcare workers, sales representatives, and field technicians may qualify for workers’ compensation if they’re injured while performing work-related duties. During a collision, the head may strike the steering wheel, side window, dashboard, door frame, or another part of the vehicle.
• Machinery Incidents: Manufacturing equipment, conveyors, presses, forklifts, balers, compactors, and other industrial machines can cause devastating injuries when an employee is struck by moving equipment or pinned between machinery and another object. These incidents may also result in facial fractures, neck injuries, eye injuries, or spinal cord damage.
• Falling Objects: Workers in warehouses, distribution centers, retail stores, construction sites, and industrial facilities may be struck by inventory, building materials, tools, or equipment that falls from shelving, storage racks, cranes, or elevated work areas. Even a relatively small object can generate a lot of force when it falls from a height, causing injuries to the skull or brain.
• Explosions and Electrical Incidents: An explosion can expose employees to blast waves, flying debris, collapsing materials, and falls. Electrical incidents may also cause someone to lose control and fall from a ladder, lift, scaffold, or platform after receiving an electric shock. Both types of workplace events can result in traumatic brain injuries.

Workplace head injuries aren’t limited to construction sites or industrial facilities. If you sustained a work-related injury in an office, retail store, healthcare facility, school, restaurant, delivery vehicle, or another work setting, you may still qualify for workers’ compensation benefits.

Can You Receive Georgia Workers’ Compensation Benefits for a Traumatic Brain Injury?

Yes. As we noted at the beginning, if your traumatic brain injury arose out of and occurred in the course of your employment, you may qualify for workers’ compensation benefits. The benefits available depend on your medical condition and your ability to work after the injury. 

Authorized Medical Treatment

Workers’ compensation may pay for medically necessary treatment and testing related to your traumatic brain injury through an authorized treating physician. Depending on your diagnosis, treatment may include:

• Emergency room care
• Hospitalization
• Diagnostic tests, including CT scans and Magnetic Resonance Imaging
• Neurological care
• Surgery
• Prescription medications
• Physical therapy
• Occupational therapy
• Speech therapy
• Cognitive rehabilitation
• Follow-up appointments

Georgia’s workers’ compensation system has rules governing the selection of treating physicians. In many cases, your employer provides a panel of physicians or participates in a certified managed care organization.

Temporary Total Disability Benefits

If your authorized treating physician determines that you can’t work while you recover, you may qualify for Temporary Total Disability, or TTD, benefits. These weekly wage loss benefits replace part of your lost income while you’re medically unable to perform your job.

Georgia law sets maximum weekly TTD benefit amounts, which are adjusted periodically. Your benefit amount depends on your average weekly wage before the injury and the limits in effect on the date of your accident.

Temporary Partial Disability Benefits

Some employees can return to work with medical restrictions but earn less than they did before the injury. In those situations, Temporary Partial Disability, or TPD, benefits may replace part of the difference between your pre-injury wages and your reduced earnings.

Permanent Partial Disability Benefits 

If your authorized treating physician assigns a permanent impairment rating under the American Medical Association’s Guides to the Evaluation of Permanent Impairment, you may qualify for Permanent Partial Disability, or PPD, benefits.

Catastrophic Injury Benefits

Some traumatic brain injuries qualify as catastrophic injuries. In many cases, this designation applies when the injury permanently prevents a worker from earning a living.  Workers whose injuries qualify may receive lifetime medical benefits, potential lifetime wage loss benefits, and rehabilitation services.

What Should You Do After a Workplace Head Injury?

1. Report the Injury to Your Employer

Tell your supervisor or employer about the injury as soon as possible. Under Georgia law, an injured employee generally must report a workplace injury within 30 days of the accident. Waiting to report the injury can create questions about when and where it occurred, particularly if symptoms develop later.

2. Seek Medical Attention Immediately

A head injury should always be evaluated by a medical professional. Depending on your symptoms, you may need emergency treatment, diagnostic imaging, neurological testing, or observation to rule out bleeding or swelling inside the skull.

If your employer has a posted panel of physicians or participates in a certified managed care organization, follow Georgia’s workers’ compensation rules for obtaining authorized medical attention. Receiving care from an unauthorized provider could affect payment for medical expenses unless an exception applies.

3. Tell Your Doctor About Every Symptom

Some symptoms don’t appear until hours or days after a workplace accident. During every medical appointment, tell your doctor about headaches, dizziness, memory problems, confusion, nausea, balance problems, vision changes, sleep disturbances, mood changes, or any new symptom you’ve noticed.

4. Follow Your Treatment Plan

Attend every scheduled appointment and follow your physician’s recommendations. Depending on your injury, treatment may include medication, rehabilitation, speech therapy, occupational therapy, cognitive rehabilitation, or work restrictions. Missing appointments or returning to work against medical advice can make it harder to document the full extent of your injury and your recovery.

5. Keep Copies of Important Records

Keep copies of documents related to your injury and your claim. These records may become important if questions arise about your medical treatment or your eligibility for benefits. Examples include:

• Accident and injury reports
• Medical treatment records
• Work restriction notices
• Mileage records for medical appointments
• Prescription receipts
• Correspondence from the insurance company
• Notes documenting when symptoms changed or new symptoms appeared

6. Speak to a Georgia Workers’ Compensation Lawyer

When you’ve suffered an on-the-job injury, it never hurts to speak to an attorney about your rights and options before you file your claim to ensure you understands your rights.  However, you should speak to a Georgia workers’ comp lawyer immediately if your claim is denied, your medical treatment is delayed, or your benefits are stopped. If the insurance company requires you to see a doctor of their choosing, an attorney can help ensure you aren’t forced back to work before you are medically cleared.

FAQs About Workers’ Comp Claims for Head Injuries

Talk to a Georgia Workers’ Compensation Attorney About Your Claim

If you suffered a head injury or traumatic brain injury while performing your job in Georgia, Perkins Studdard LLC is here to help. We can evaluate your claim, explain the benefits that may be available, and represent you if your claim is denied or the insurance company disputes your injury. To schedule a confidential consultation and case evaluation, call our law firm at (770) 285-0548.