Cornelius Workers’ Compensation Head Injury Settlements

Residents of Cornelius, NC, are receiving workers’ compensation settlements for head injuries. If you have been injured on the job, you may be eligible for compensation.

At Horton & Mendez, Injury & Car Accident Attorneys, our experienced Cornelius workers’ compensation lawyers represent injured workers seeking settlements for head and brain injuries. If you or someone you love has been hurt, please reach out to us for assistance.

Common Workplace Accidents That Lead to Head Injuries in Cornelius

Various workplace accidents may result in head injury.

Falls

Falls, including tripping and falling from the same level or an elevated height, are the leading cause of traumatic brain injury in the workplace.

Struck by an object

A worker can be struck by falling objects, equipment, or tools. There may be crowd jostling. The impact may cause direct trauma, or the person may experience secondary trauma from falling.

Motor vehicle accidents

Motor vehicle injuries in the workplace can occur on public roadways or private work locations. These accidents may result in concussion, blunt trauma, cuts, bruises, and more.

Explosions or blasts

An explosion can lead to traumatic head injuries both directly and indirectly. The blast can raise atmospheric pressure, which may cause brain trauma due to the transferred energy. Additionally, flying debris, collapse, and falls can result in blunt force trauma to the head.

Workplace violence

Workplace violence, including assault and battery, robbery, and weapon-related incidents, can lead to head trauma. While risks may be higher in some industries, workplace violence can happen in any field.

Types of Head Injuries Covered by NC Workers’ Compensation

Head injuries covered by NC workers’ compensation can include:

• Concussion, traumatic brain injury
• Skull fracture
• Cuts, laceration, contusion
• Damage to the eyes, hearing impairment
• Brain bruising
• Hematoma
• Diffuse axonal injury (DAI)
• Paralysis, nervous system injury
• Penetrating brain injury, closed head injury

Workers’ comp head injury settlements in Cornelius, NC, cover a wide range of head trauma.

How Head Injury Settlement Amounts Are Calculated in North Carolina

Head injury settlements in North Carolina reflect the severity and impact of the injury. In the workers’ compensation system, benefits may include the following:

• Medical compensation—Including medical, surgical, hospital, nursing, and rehabilitative care. Medical care must be reasonably required to effect a cure, provide relief, or reduce the period of disability.
• Lost wages—If the worker is unable to earn an income, they may be eligible for temporary wage replacement benefits. The amount of these benefits is based on the person’s income before the injury and whether their inability to work is full or partial.
• Disability—The person may receive a fair settlement for permanent disability.

Calculating a settlement involves valuing each category of compensation and determining what the settlement should include.

Signs and Symptoms of Serious Work-Related Head Trauma

Signs and symptoms of serious work-related head trauma are:

• Unconsciousness, dizziness, drowsiness
• Headache
• Confusion, communication difficulties
• Irritability, mood changes, anger, anxiety
• Seizure
• Abnormal pupils
• Fluid draining from the head
• Weakness, numbness, coordination changes
• Difficulty breathing
• Tinnitus (ears ringing), vision changes

If you suspect that you or someone else has suffered a brain injury, seek immediate medical attention.

Challenges in Filing a Workers’ Comp Head Injury Claim

There are several challenges that may arise in a workers’ compensation head injury claim.

Diagnosing injuries

Some head injuries may not be immediately visible. Accurate diagnosis can require scans, X-rays, tests, and evaluations. Our lawyers can assist you in seeking a second opinion and challenging the insurance company’s determination of your injuries.

Treatment needs

In the NC system, the insurance company chooses your medical care provider. As a result, it’s not uncommon for them to downplay treatment needs to reduce costs. However, your rights ensure you are entitled to treatment and supplies required to effect a cure or lessen the period of disability.

Determining disability compensation

The North Carolina workers’ compensation schedule of injuries does not specifically mention brain injuries. It addresses head disfigurement and permanent injuries that are not covered in other sections. To obtain fair compensation for head injury disability, it may be necessary to build significant evidence and engage in legal advocacy.

Settlement timing and negotiation

The timing and terms of the settlement are important. You must evaluate when to settle the case, what medical benefits to include, and the appropriate amount of disability compensation.

Assistance of third parties

A person who suffers a head injury at work may not be able to file a claim on their own. Any injured person may have representation from a Cornelius workers’ compensation head injury attorney.

Other issues

The issues in a Cornelius workers’ compensation head injury case are unique to the individual circumstances. Our lawyers can identify key concerns and advocate effectively for your best interests.

Permanent, Total Disability For Head Injuries

An individual who suffers a brain injury in Cornelius, NC, may qualify for permanent, total disability benefits. Typically, most brain injury claims have a 500-week limit on temporary total disability. However, a qualifying employee may apply for an exception to this limit.

The injured worker may qualify based on a severe brain or closed-head injury that causes severe and permanent:

• Sensory disturbances
• Motor deficits
• Communication abnormalities
• Complex integrated disturbance of cerebral function
• Neurological disorders

If eligible, the employee may receive lifetime compensation. Even if they eventually return to work, the employee may still receive lifetime medical benefits.

The timing of the application is crucial. It must be submitted 425 weeks after the onset of the first disability. The employee must prove total loss of wage-earning capacity by a preponderance of evidence.

An important aspect of any brain injury claim is determining whether the worker qualifies for permanent, total disability. Our lawyers understand the criteria and are skilled at maximizing your case value.

How a Cornelius Workers’ Compensation Lawyer Can Help Maximize Your Settlement

Your workers’ compensation head injury settlement is important to your future. A Cornelius workers’ compensation lawyer can help maximize your settlement by:

• Gathering evidence of injuries and needed medical care
• Challenging an order to return to work
• Refuting allegations that injuries are not work-related
• Evaluating whether to include medical bills in your settlement
• Drafting legal paperwork
• Negotiating your settlement
• Answering your questions

Horton & Mendez, Injury & Car Accident Attorneys, is a full-service law firm handling Cornelius workers’ compensation head injury claims. Call or message us now.