Head Injury Workers Comp Settlements in Raleigh

A head injury at work can change everything in an instant. One moment you’re doing your job, and the next you’re dealing with confusion, headaches, and symptoms that don’t seem to go away. If you’ve suffered a workplace head injury in Raleigh, you deserve answers about what your claim could be worth. At Horton & Mendez Injury and Accident Attorneys, our managing partners are former insurance defense attorneys who know how carriers evaluate head injury claims from the inside. We know their playbook, and we use it to fight for the benefits you’re owed. Call our experienced Raleigh workers’ compensation lawyers at 910-405-7751 for a free consultation. No fee unless we win.

How NC Law Classifies Workplace Head Injuries

Understanding how North Carolina categorizes your head injury is the first step toward knowing what your settlement could look like. Under North Carolina General Statute § 97-31, the Workers’ Compensation Act provides a schedule of injuries with specific compensation periods for body parts, including the hands, fingers, eyes, and back. Head injuries, however, don’t appear on that schedule. That means your head injury is treated as a “general body” injury under North Carolina’s workers’ compensation framework.

Why does this matter for your settlement? Scheduled injuries have fixed compensation periods. General body injuries, such as head trauma, are compensated differently, based on how the injury actually affects your ability to work and earn a living. This distinction can work in your favor when the injury is severe, but it also makes the claims process more complex.

Under N.C. Gen. Stat. § 97-29, an injured employee may qualify for permanent total disability if they suffer a severe brain or closed head injury, among other qualifying conditions. An employee who qualifies for permanent total disability is entitled to compensation, including medical compensation, during the lifetime of the injured employee. For less severe head injuries, temporary total disability and partial disability benefits apply instead.

Insurance carriers know these distinctions, and they’ll use them to minimize your benefits. That’s why having lawyers who’ve worked the other side of these claims matters.

Workplace Head Injuries We See In Raleigh

Raleigh’s mix of construction growth, warehouse operations, and heavy commuter traffic across the I-40 and I-440 corridors creates conditions where workplace head injuries happen in several ways.

Construction falls and falling objects

Falls from scaffolding, ladders, and roofing projects are among the most common causes of serious head injuries in the Triangle’s construction industry. Objects falling from elevation can cause skull fractures and traumatic brain injuries even when helmets are worn.

Workplace violence

Workplace assaults, particularly in healthcare settings, retail, and service industries, account for a significant number of head injury claims. These injuries are compensable under workers’ comp regardless of who caused them, as long as they arose out of and in the course of your employment.

Motor vehicle accidents on the job

If you drive for work in the Raleigh area, a crash on the job can result in a concussion or more serious brain injury. These claims may involve both workers’ compensation benefits and a potential third-party claim against the other driver.

Why Neuropsychological Evaluation Matters For Your Settlement

Here’s something insurance companies won’t tell you: a head injury’s true impact often doesn’t show up on standard imaging. You can have a normal CT scan or MRI and still be dealing with devastating cognitive problems, memory loss, personality changes, and difficulty concentrating.

That’s why a neuropsychological evaluation is critical for Raleigh head injury claims. This specialized testing measures cognitive function, memory, processing speed, and emotional regulation in ways standard medical exams cannot. WakeMed and other Wake County neurology providers handle these evaluations for workers’ compensation patients, and the results can make or break your settlement value.

Insurance carriers know that without objective neuropsychological testing, they can argue your symptoms are exaggerated or unrelated to the workplace accident. We know this because we used to build those arguments ourselves. Now we make sure our clients receive the right evaluations at the right time to document the full scope of their injuries.

Your settlement value depends heavily on the medical evidence. A concussion that resolves in weeks will settle differently from a moderate TBI that leaves you unable to return to your previous occupation. The neuropsych evaluation creates the medical record that supports higher compensation.

Don’t let the insurance company rush you into a settlement before you’ve completed the evaluation process. Call 910-405-7751 to talk about your case. Your consultation is free.

How This Connects To Your Broader Workers’ Compensation Claim

A head injury claim doesn’t exist in isolation. It fits within the larger framework of your workers’ compensation case, and every decision you make early on affects your settlement value down the road.

You need to report the injury to your employer orally and in writing within 30 days. You should also file a Form 18 claim with the NC Industrial Commission within two years of the accident. Missing these deadlines can jeopardize your entire claim.

When you qualify for total disability, your employer must pay weekly compensation equal to 66 2/3% of your average weekly wages, subject to annual maximum and minimum limits. For temporary total disability, compensation is limited to 500 weeks from the date of first disability unless you qualify for extended compensation. With severe brain injuries, the possibility of permanent total disability and lifetime benefits makes proper documentation even more important.

Since 2023, Horton & Mendez has recovered over $80M for injured clients across North Carolina. Past results do not guarantee future outcomes. Every case is different and depends on its unique facts.

Your head injury may also involve related claims for neck injuries, vision problems, or psychological conditions that developed after the accident. We look at the full picture, not just the head injury in isolation, to make sure you receive every benefit the law allows. Call 910-405-7751 today for a free case evaluation.

Frequently Asked Questions About Head Injury Workers’ Comp Settlements In Raleigh

What is a general body injury under NC workers’ comp?

A general body injury doesn’t fall on the scheduled list of body parts in N.C. Gen. Stat. § 97-31. Head injuries are classified this way because the brain isn’t listed as a scheduled member, such as a hand or foot. Compensation is based on how the injury affects your ability to work rather than a fixed number of weeks.

How much is a head injury workers’ comp settlement worth in Raleigh?

There’s no single answer. Settlement value depends on injury severity, the neuropsychological evaluation results, your average weekly wage, your ability to return to work, and whether you’ve reached maximum medical improvement. Mild concussions settle differently from moderate or severe TBIs.

Do I have to see the doctor my employer picks?

In North Carolina, your employer or their insurance carrier generally has the right to direct your medical treatment. However, you can request a change of physician through the NC Industrial Commission if you have good cause. Having a lawyer helps you navigate this process and advocate for the evaluations you need.

What if the insurance company says my head injury isn’t work-related?

Denied claims are common with head injuries because symptoms can be delayed or difficult to connect to a single event. We know the tactics carriers use to deny these claims because we used them ourselves. If your claim has been denied, you have the right to request a hearing before the Industrial Commission.

Can I file a lawsuit in addition to my workers’ comp claim?

If a third party (someone other than your employer) contributed to your injury, you may have a separate personal injury claim. This is common in work-related motor vehicle accidents. Workers’ compensation is typically your exclusive remedy against your employer, but a third-party claim can provide additional compensation.

Get The Settlement Your Head Injury Case Deserves

You shouldn’t have to figure out the value of your head injury claim on your own, especially while you’re still dealing with symptoms. At Horton & Mendez, our managing partners are former insurance defense attorneys who bring insider knowledge of how carriers evaluate head injury claims, supported by a team of seven attorneys with 65+ years of combined experience serving Raleigh and clients across North Carolina.

Your consultation is free. There’s no fee unless we win. Call 910-405-7751 now, and let’s talk about your case.