Between 20 and 25% of workplace injuries are brain injuries. And 25% of those brain injuries happen on the job.
When a person suffers a concussion, there is the possibility they will develop post-concussion syndrome (PCS). Up to 15% of people who have a concussion will suffer from post-concussion syndrome.
If brain trauma happens at work, you may wonder about workers’ compensation for post-concussion syndrome.
Can You Get Workers’ Compensation for Post-Concussion Syndrome?
Yes, you can get workers’ compensation for post-concussion syndrome. It is an injury that may qualify for workers’ compensation benefits like medical care and lost income. To receive benefits, you must have sustained a workplace injury, and you must report the injury. An attorney can help you claim your benefits.
What Is Post-Concussion Syndrome?
Post-concussion syndrome is when concussion-related symptoms persist after a reasonable healing time. It occurs when a person has lingering effects of the concussion after several weeks and after a period wherein their symptoms should have healed. The syndrome may include physical, emotional, and behavioral symptoms.
Common Symptoms of Post-Concussion Syndrome
- Headache
- Sensitivity to light, sound, and other surrounding conditions
- Fatigue, becoming tired easily
- Mood changes, trouble regulating mood
- Trouble focusing, concentration struggles
- Disorientation
- Loss of balance, feeling clumsy
- Nausea
- Vision changes, difficulty tracking with the eyes
- Dizziness
Symptoms of post-concussion syndrome can vary. Symptoms of a mild concussion may not seem serious at first, but they may continue for too long. A person might feel like they haven’t returned to normal or to how they used to feel before the injury.
How Workplace Injuries Can Lead to PCS
A workplace accident can cause a concussion—a person may experience a blow or jolt to the head from blunt trauma or from falling. Concussion may occur with or without direct trauma to the head and may even result from violent shaking of the head, even without direct physical contact.
It isn’t known why some brain trauma leads to post-concussion syndrome. However, there are some identified risk factors, including:
- Suffering multiple concussions, reinjury after the initial injury
- Severity of the initial concussion
- Co-occurring mental health conditions
- Medical complications like skull fracture, bleeding, and other injury
- Ability to rest and complete a treatment plan
To receive compensation, you don’t necessarily have to prove why you have post-concussion syndrome. In general, you can access workers’ compensation benefits for the injuries that result from your employment even if your injuries are especially severe or long-lasting and even if someone else may not have suffered the same injury.
You can be penalized for failing to follow your treatment plan or attend medical appointments.
Diagnosing and Treating Post-Concussion Syndrome
There isn’t one specific test or criterion for diagnosing post-concussion syndrome. Your medical care provider will evaluate your symptoms and rule out other possibilities.
Treatment may include rest, medication, and therapy. Personal adjustments, such as dietary changes and making sure that the person has a dark and quiet place to sleep, may help address symptoms. Over-the-counter pain relievers may be appropriate; doctors may also prescribe medication.
Filing a Workers’ Compensation Claim for PCS in NC
N.C.G.S. § 97-2(6) defines a workplace injury for workers’ compensation. An injury means injury by accident from employment. When someone has a workplace injury, they may receive medical compensation to cure, relieve, or lessen the period of disability. (N.C.G.S. § 97-2(19)).
When a concussion occurs in the course of employment, it is a workplace injury. When post-concussion syndrome develops, medical care may cure or give relief and may shorten the period of disability. The injured person can receive workers’ compensation for their initial injury and post-concussion syndrome. However, there may be unique challenges in pursuing the case.
Challenges in Post-Concussion Syndrome Workers’ Compensation Cases
Several challenges may arise in the pursuit of a workers’ compensation case for post-concussion syndrome.
Severity of injury, diagnosis
The insurance company may question the severity of your workers’ comp diagnosis.
PCS may occur without visible signs—you may look “normal.” The insurance company may say you are okay, while you know that’s not the case. You may need a second medical opinion and ask to change medical care providers. You may challenge a determination of your right to benefits.
Not initially reported
You have 30 days to report a workplace injury to your employer in North Carolina. In brain trauma cases, there may be circumstances where the person did not make an initial report. Maybe they thought the initial injury wasn’t severe and they could fully recover on their own. Maybe symptoms got worse over time.
It may or may not still be within the 30-day window from the initial injury. You may still receive compensation. Report the injury to your employer as soon as you can. The employer may question whether the injury is related to employment, but you can fight for your benefits.
After treatment ends
You may experience a change in condition when a person has a significant change in their medical prognosis after workers’ compensation benefits were initially determined.
Usually, it’s a change for the worse. You may seek a re-evaluation of your benefits and disability rating.
Long-Term Challenges of Living with Post-Concussion Syndrome
Living with post-concussion syndrome can create challenges. It may impact your ability to work, harm relationships, or make personal care and recreational activities more difficult.
A person who suffers post-concussion syndrome because of a workplace injury may claim workers’ compensation and may have representation from an attorney at all stages of your case.
Contact an Experienced Jacksonville Workers’ Compensation Lawyer
Don’t settle for less than the workers’ compensation benefits you deserve. At Horton & Mendez Injury Attorneys, we help people understand their workers’ compensation benefits when they suffer post-concussion syndrome. Our team can represent you in claiming the benefits that you deserve.
Call or message us to talk to an experienced Jacksonville workers’ compensation lawyer about your case.
