If you have suffered from post-concussion syndrome because of a work injury, you are eligible for workers’ compensation benefits. Post-concussion syndrome consists of serious symptoms that result from a head injury. Even a mild concussion can lead to lasting effects, such as the diagnosis of post-concussion syndrome. Head injuries should be taken seriously and can have lasting effects. What is believed to be a mild head trauma can have lasting effects that affect your ability to work or perform daily tasks for years to come. The Value of a Claim Workers’ comp laws are set by the state. While the laws vary from one state to another, workers’ comp benefits in general include medical benefits, which cover the cost of treating your injury, as well as a portion of lost wages. Usually, you will receive a weekly check that totals about two-thirds of your regular pay, up to the maximum amount that is allowed by your state. Sometimes a lump sum settlement is agreed, so you don’t have to continue getting weekly checks. This process is detailed, and the figures are carefully calculated. You will need a workers’ comp attorney to help you get a fair settlement. Determining Your Settlement First, the amount of your weekly check is considered. Then, the insurance adjusters and your lawyer will consider how much work you will be missing in the future because of your injury. Your weekly rate will then be multiplied by that number of weeks to determine a fair figure to compensate you. In some cases, an injured worker will give up future benefits. By giving up future benefits, you are saying that you will not expect workers’ compensation to cover those costs later, but you are willing to accept the offered dollar amount now. As an example, if your physician says there is a 20% chance your condition will require speech therapy in the future, and you agree to settle for a specific dollar amount now and forgo the future medical care. Those funds are available to you by your lump sum settlement regardless of whether you need the therapy in the future. Average Workers' Compensation Settlement for Post Concussion Syndrome Post concussion syndrome is unfortunately a common medical problem after someone has experienced concussion. It has been estimated that 50% of concussion patients go on to experience some sort of degree of post concussion syndrome. An employee who has already filed a workers’ compensation claim for concussion because of a workplace accident could be in a position to file a further claim if the condition develops into post concussion syndrome. The full cost of medical treatment and lost earnings must be included in such a claim. Post concussion syndrome could cost anywhere from $2,000 to $20,000 in medical treatment plus lost earnings which are in most states calculated as two thirds of average lost earnings. Calculating Cost of Post-Concussion Syndrome to Claim Every post concussion condition is a unique situation and may be anything from a relatively fast transition from the concussion that occurred previously and a much longer, potentially permanent condition. The following could be components of a post concussion syndrome workers’ compensation claim: The cost of doctor’s visits; simple consultations could cost anywhere between $100 and $180, but tests would be extra. Costs may be reduced if the worker attends the employer’s insurer’s preferred doctor. Hospital visits can cost between $2,500 and $3,500 per day. CAT scans can cost up to $1,000 on average; Magnetic resonance imaging can cost $1,000 on average Consultation with a neurologist can cost $300 per visit. Lost earnings are typically around two thirds of previous average earnings. Future medical treatment costs estimated Future loss of earnings estimated. Post-Concussion Syndrome Settlement Each post concussion syndrome claim is unique as patients are typically very varied in the severity of the condition and therefore how long they stay away from work and the extent of their hospital treatment. The following serves as a single example just to give an idea of what a claim might entail: Cost of doctor’s visits (3) at $120 each = $360 Cost of scans (CAT and Magnetic Resonance Imaging) = $2,400 Cost of hospital stay (2 days at $2,500) = $5,000 Consultation with neurologist = $300 1 month’s loss of earnings at $12 an hour over a 40 hour week at two thirds of normal earnings = $1,280 Total claim would be $9,340 Looking at the Long-Term You must carefully consider the consequences and the long-term effects. Your attorney can help you decide the best way to settle your case. You will need sufficient compensation to cover your injuries, and you need to be aware that you cannot file another claim for the same injury later. Consult With A Workers’ Compensation Lawyer If you have suffered a head injury that resulted in post-concussion syndrome, you should consult with a workers’ compensation attorney. A lawyer will review your case and ensure you get access to the benefits that you need and deserve. Workers’ comp lawyers work on a contingency basis, so you have nothing to lose. Complete the Free Case Evaluation Form on this page today, so you can get your claim on the right track. Time is of the essence, so don’t wait until it is too late. Additional Resources Tips for Applying for Workers’ Compensation with a Concussion Concussions and Workers' Compensation Claims
