Unlike some types of work injuries, claiming workers comp for concussion isn’t that straightforward. For one, not all concussion injuries are compensable. And not everyone who suffered a concussion at work is eligible for workers comp.
So before talking about the average workers’ comp settlement for concussion, we first need to understand how workers comp works for concussion injuries.
Can You Claim Workers Comp Settlement for Concussion?
The short answer is no. You can’t claim workers comp settlement for concussion alone. But you can claim workers comp benefits if the concussion resulted to a more serious head injury.
In most cases, concussion symptoms are temporary. Immediately after the accident, you may feel dizzy, confused, and have a throbbing headache. You may also have bruises and a “goose egg” on the affected part of your head. But after a few hours or days, most of these symptoms disappear.
Because of this, workers comp claims for concussions are often denied. This is especially true if the injured worker is able to get back to work on the same day and shows no lasting injury.
But as you probably know, some cases of concussion can lead to serious health conditions. Some people may suffer from post-concussion syndrome or more serious conditions like brain trauma or paralysis. In certain cases, it may even lead to death.
In these instances, you may need medical attention and miss days or even months of work. As such, you could be eligible for workers compensation.
Average Workers Comp Settlement for Concussion Injuries
According to the Florida Workers Comp Claims Database, the average workers comp settlement for concussion injuries ranges from $22,000 to $58,000.
Why the wide range, you may ask. That’s because the symptoms resulting from a concussion injury tend to vary widely too.
Mild concussions, for instance, may only require a few days rest. But in Florida, you won’t be paid for the first 7 days of your disability unless your condition extends to 21 days and more. So if a concussed worker only missed a week from work, they won’t be paid lost wages.
Meanwhile, concussion injuries that resulted to permanent disabilities tend to have huge settlements. According to the claims data mentioned above, settlement for permanent total disabilities as a result of concussion injuries average at $385,000 to as much as $1.8 million.
What Will Your Settlement Include?
Workers comp settlements for concussion injuries typically include two kinds of benefits: medical benefits and lost wages compensation.
Workers comp medical benefits covers all medical costs necessary for your recovery. This includes emergency treatments, medications, surgeries, and any other relevant medical treatments.
One of the reasons why some cases of concussion receive large compensations is that medical treatments for brain injuries can be expensive. MRIs, CT scans, and neurosurgery procedures don’t come cheap.
Lost Wages Compensation
If your injury causes you to miss days from work, you can get compensation for lost wages. The amount will be computed based on your average weekly wage from before your injury. You’ll continue to receive this until you reach maximum medical improvement (MMI) but shall not exceed 104 weeks.
After reaching MMI, your doctor will evaluate if you have sustained permanent impairments as a result of the accident. If you did, you’ll be given an impairment rating to determine your permanent impairment benefits.
The Trouble with Claiming Workers Comp for Concussion Injuries
Because severe concussion symptoms usually take time to show, most injured workers don’t get the benefits they deserve.
For instance, a worker who fell several flights of stairs and suffer a concussion may feel well after a few days. So he didn’t bother filing a workers comp claim.
However, after a few months, he found out that there’s a blood clot on his brain as a result of the accident. By then, it’s already difficult for him to prove that the blood clot injury is work-related.
Besides, workers comp claims have prescribed time limits. In Florida, you need to report your injury within 30 days after it happened. Otherwise, your claim can get denied.
So if you suffered a concussion at work, make sure to inform your employer about it even if the symptoms are mild. This will increase your chances of getting approved for compensation.
Hiring a workers comp lawyer like Victor Malca can help too. For the past three decades, he already helped thousands of injured workers in Florida get the benefits they rightfully deserve. He can help you too. Contact us now for a free consultation.
(Related: How Long Do Workers Comp Settlements Take?)
VICTOR MALCA – Florida Workers Compensation & Social Security Disability Attorney
Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success when fighting for his clients puts him among the most trusted workers’ compensation attorney’s in Florida. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits.
Book a free consultation today. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida.
About The Author
Judy Ponio is a writer and editor for the Victor Malca Law P.A. website and blog. She enjoys helping people in need with questions about social security disability and workers compensation law. She has a passion for helping those in need and the elderly with accurate legal information that can make a positive difference in their lives.