Head Injury at Work Lawyer in San Diego
Head injury at work lawyer help for San Diego workers hurt in a fall, by a falling object or in a crash on the job. A concussion can affect memory, mood and focus long after the bump heals. Workers’ comp should cover your care and part of your lost pay while you recover.
How head injuries happen at work
A head injury doesn’t take a dramatic accident. A short fall, a box sliding off a shelf or a sudden jolt can be enough to cause a concussion. Common causes at work include:
- Falls from ladders, scaffolds, roofs and loading docks, or a slip on a wet floor
- Tools, materials or stock falling from above
- Striking your head on a beam, shelf, vehicle door or piece of equipment
- Vehicle crashes while driving for work
- Assaults by patients, customers or members of the public
- Being thrown or jolted by machinery or a forklift
Head injuries come up often after a construction accident, and many start with a fall at work. The injuries we see range from concussions and post-concussion syndrome to skull fractures, bleeding in the brain and moderate or severe traumatic brain injury (TBI). The same blow can also hurt your neck, eyes, ears or jaw.
Symptoms can show up later
Many people feel shaken but fine on the day of the injury. Headaches, dizziness, trouble concentrating, memory gaps, sensitivity to light or noise, sleep problems, irritability and mood changes can appear days or weeks later. Report any blow to the head right away, even if you feel fine.
What workers’ comp covers for a head injury
Workers’ comp should pay for the care a head injury needs and replace part of your income while you recover. For a concussion or brain injury, that usually means:
- Medical treatment: emergency care, CT and MRI scans, visits with a neurologist, medication, and therapy for balance, vision, speech or memory problems. You shouldn’t pay out of pocket for approved care.
- Psychological care when the injury brings on depression, anxiety or other emotional effects.
- Temporary disability (TD): checks while your doctor says you can’t work, usually two-thirds of your average weekly pay, up to a state maximum and for a limited time.
- Modified duty: restrictions like shorter shifts, no driving, no work at heights or a quieter setting. Your employer may offer work within them. If it can’t, TD should continue.
- Permanent disability (PD): if symptoms last, a rating can account for lasting effects on thinking, mood, balance, vision and headaches.
- Help at home when a serious injury leaves you needing assistance with daily tasks, if your doctor finds it necessary.
Testing that finds what a scan can miss
Concussions often don’t show up on a CT scan or MRI. Neuropsychological testing measures memory, attention and processing speed, and it can document problems that imaging misses. Insurers sometimes deny that testing in utilization review. If they do, your doctor can ask for independent medical review by the deadline on the denial letter.
Common problems with head injury claims
Brain injuries are hard to see, and insurers know it. These are the disputes we see most:
- Missed at first. The ER treated a cut or a sore neck and sent you home, and the concussion was never written down. Later, the insurer says the records don’t show a head injury.
- Delayed symptoms. When headaches or memory problems start weeks later, the insurer may argue something other than work caused them.
- “Your scans are normal.” A clean CT or MRI is often used to deny treatment, even though concussions usually don’t appear on imaging.
- Cognitive and psychiatric effects. Problems with memory, focus, mood or personality are real parts of a brain injury, but they’re often minimized, and California’s special rules for psychiatric claims can add disputes.
- The right doctors. Head injury cases often need a neurologist, a neuropsychologist and sometimes a psychiatrist. If the insurer disputes your doctor, the case may go to a QME, and the right specialty matters.
- Return-to-work disputes. You may be cleared for full duty while you still can’t keep up, or pushed back to driving or work at heights too soon.
- Apportionment. Prior concussions, migraines or mental health history may be used to argue that part of your disability isn’t from work. That argument can be challenged.
When to call a head injury lawyer
Some concussions heal in a few weeks and the claim goes smoothly. Call a lawyer if any of these happen:
- Your workers’ comp claim was denied, or the insurer says there’s no record of a head injury
- A neurologist visit, neuropsychological testing or therapy your doctor asked for was denied
- You still have headaches, memory problems or mood changes, and you’re being pushed back to full duty
- The insurer blames your symptoms on an old concussion, migraines or stress
- You’ve been sent to a QME, or the insurer wants you to see its own doctor
- Your TD checks stopped, or you were offered a settlement while you’re still having symptoms
Your first consultation is free. A workers’ comp lawyer’s fee is approved by a judge and paid from your award, never up front. Hurt more than your head? See all the work injuries we handle.
How we handle your head injury claim
Step 1
Free case evaluation
Tell us what happened. We review your claim and explain your options in plain language, at no cost.
Step 2
We take over the claim
We file the paperwork, track every deadline and handle all communication with the insurance company.
Step 3
Treatment and benefits
We push for the medical care and temporary disability payments the law provides while you recover.
Step 4
Settlement or award
Once your condition is stable, we fight for a fair disability rating and settlement, or present your case to a judge.
Meet the lawyer who will handle your claim
Head injury and concussion workers’ comp questions
Is a concussion covered by workers’ comp?
Generally, yes, if it happened in the course of your job. You don’t have to have lost consciousness, and a normal CT scan doesn’t mean there was no injury. Report the blow to your head to your employer, and tell the doctor about every symptom, even ones that seem minor.
What if my symptoms showed up days or weeks after I hit my head?
That’s common with concussions, and it doesn’t stop you from making a claim. Report the injury to your employer as soon as you can. California generally expects notice within 30 days, and the deadline to file a claim is generally one year from the injury, with some exceptions. Write down when each symptom started so the timeline is clear.
Will workers’ comp pay for a neurologist or neuropsychological testing?
It should, when the testing is reasonable and needed to diagnose and treat your work injury. Requests go through utilization review and are sometimes denied when scans look normal. If that happens, your doctor can ask for independent medical review. A disputed case may also be evaluated by a QME in neurology or psychology.
Can I get workers’ comp for depression or anxiety after a head injury?
It may be possible. Depression, anxiety and personality changes can follow a brain injury, and treatment for them can be part of the claim. California has special rules for psychiatric injuries, and how they affect a permanent disability rating is often disputed, so these claims benefit from careful medical documentation.
What happens with workers’ comp if a TBI keeps me from going back to my job?
If a traumatic brain injury leaves lasting limits, your permanent disability rating should reflect them, and you may qualify for a job displacement voucher for retraining. In the most serious cases, a brain injury can be rated as a permanent total disability. Future medical care is also part of the case, so don’t settle before your long-term needs are clear.
More help with your claim
- Construction AccidentsConstruction accident workers’ comp lawyer in San Diego for falls, crane and equipment injuries, and uninsured subcontractors. Free case review.
- Falls at WorkFall at work lawyer in San Diego for slip and fall at work claims, ladder falls and disputed injuries. Nothing to pay up front. Free case review.
- Denied ClaimsDenied workers’ comp claim in San Diego? Our lawyers challenge denials, meet appeal deadlines and fight for the benefits you were refused.
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Hit your head at work?
Get a free case evaluation about your head injury claim. You pay nothing up front.