Submitted by pec on Tue, 11/07/2023 - 08:14 pec's Blog If you have had a head injury while you were working, you may be able to file a claim for workers’ compensation. There is a process involved in claiming workers’ compensation which varies somewhat from state to state, but if successful, you may be able to obtain compensation for the cost of medical treatment and lost wages while you are unable to return to work. The following are some tips for applying for workers’ compensation with a head injury. Tip#1: Seek Medical Attention for the Head Injury You need to see a doctor or get immediate medical treatment following a workplace head injury. What you need depends on the nature of the injury, but a medical assessment is necessary if you intend to file a claim for workers’ compensation. Tip#2: Get Diagnostic Tests to Confirm Your Head Injury You will need diagnostic tests to confirm that you have had a significant head injury that may prevent you from returning to work soon. Diagnostic tests may include scans and biopsies to determine how serious the injury is and what type of treatment could be used to help deal with the injury. Tip#3: Notify Your Employer It is an essential part of a workers’ compensation claim that your employer should be notified of the head injury. Many workplaces will probably have some sort of standard procedure in place that ensures that workplace injuries are recorded by completing an accident report. It is the responsibility of employers in some states to report the injury to a state workers’ compensation board. Tip#4: Jot Down Some Notes About the Accident What you can do immediately following a head injury at work depends on how serious the injury was, but when you are able, it is a sensible practice to make notes about how the injury took place and who of your co-workers may have witnessed the accident that caused the head injury. Workers’ compensation is a no-fault type of compensation, so you do not need to prove that your employer was at fault. You don’t need to prove that you were not to blame for your head injury either. Tip#5: Ensure an Accident Report is Completed by Your Employer As noted in Tip#3 above, your employer must be notified to your employer. The employer must then complete an accident report and send this to the state workers’ compensation board or its equivalent. It is a sensible step to make sure you get a copy of this accident report. Tip#6: Maintain Documentation that Supports Your Claim Successful workers’ compensation claims depend on providing documentation that supports your claim. Apart from the copy of the accident report mentioned above, you should make sure you get copies of notes or assessments made by your doctor or specialists who treat you. You will need to keep a proper record of days you cannot return to work because of your head injury as this will help to determine compensation for lost wages. Co-workers or anyone else who was nearby when you had an accident at work may be able to provide witness statements that you can use to support your claim. Tip#7: Continue With Follow-Up Care You will need to make sure you continue with the treatment that has been advised by your doctor and other medical personnel who have been treating your injury. Head injuries may involve long term treatment, so if you cannot return to work soon after your injury, you must have proof that compensation needs to continue. Tip#8: Consult With a Workers Compensation Attorney Fill out the Free Case Evaluation to get connected with an independent participating workers’ compensation attorney who may be able to help with your case.
