Head Injury


Workers compensation benefits claims for head injuries can be tough to prove. Most brain injuries remain largely ignored and undetected for a long time. This makes it easy for employers and insurance companies to deny compensation benefits. If this happened to you, an experienced workers compensation lawyer like Victor Malca can help you. Call us now for a free consultation.

Traumatic brain injury is one of the most common causes of disability and death in the US. In fact, almost 7,300 people died of head injuries sustained from work-related accidents between 2003 and 2008. Most of the fatalities were recorded in the construction, transportation and agriculture industries.

What Is a Traumatic Brain Injury?

A traumatic brain injury usually occurs when an external force causes the brain to swell or bleed. Mild brain injuries usually don’t have long-lasting effects. Serious accidents, on the other hand, can inflict heavy damage on the brain tissues. Injuries like this usually leave the victim permanently disabled or dead.

Mild traumatic injury usually manifests through the following symptoms:

  • temporary loss of consciousness
  • headache
  • dizziness or confusion
  • nausea
  • vomiting
  • fatigue
  • difficulty sleeping or staying awake
  • loss of balance
  • ringing in the ears
  • blurred vision
  • mood swings
  • sensitivity to light or sounds
  • concentration problems

Though mild brain trauma doesn’t cause permanent health repercussions, you still need to report this to your employer or insurance company. If the loss of consciousness becomes prolonged or the headache and vomiting worsen, you need to see your workers compensation doctor immediately as it could be a sign of severe head injury.

Why Traumatic Brain Injuries Are Dangerous

When someone falls off a roof or hit their head on a low ceiling, cuts and wounds are immediately treated. Then the employee goes back to work as if nothing happened.  Rarely will there be a test conducted to determine whether any brain injuries occurred. When symptoms of internal bleeding finally show up, it’s usually too late.

This is what makes traumatic brain injuries extremely dangerous. Because of the lack of symptoms, a large number of brain traumas don’t get detected until after the prescription period for filing workers comp benefits has lapsed.

If you have experienced symptoms of brain injury, you should consult a doctor immediately. Just make sure that the doctor is accredited by your employer or insurance company. Failure to do so might jeopardize your workers compensation claim.

What Are The Workers Comp Benefits for Head Injuries

Workers who suffer from a head injury due to a workplace accident are entitled to workers comp benefits in Florida. These include medical benefits and compensation for lost wages.

Employers or insurance companies are obliged to provide emergency medical care to the injured worker. They should also pay for remedial medical treatments, medicines, prostheses, orthoses and other necessary medical supplies.

Compensation for lost wages usually depends on how the injury affects your capacity to earn a living. You can file for any of the following, whichever is applicable in your case:

  • permanent partial disability
  • temporary partial disability
  • permanent total disability
  • temporary total disability

If you’re not sure about which disability benefits you should apply for, you can always talk to us. Our preeminent lawyer, Victor Malca, has helped thousands of injured workers like you. Those he’s helped can attest that he goes out of his way to know more about his client’s medical condition to determine the actual compensation they are entitled to.

State laws also provide that you file a workers compensation claim within a year from the date of the accident or your claim will become invalid.

No matter what the law says, employers and insurance companies will always find a way to get out of this obligation. You must expect to fight them tooth and nail to get the benefits you rightfully deserve. Having the expertise and experience of Victor Malca by your side can help tip the scale in your favor.

A person is calling a victor malca workers comp lawyer

How We Can Help

Victor Malca Law P.A. is one of the most trusted workers compensation law firms in Florida. We guide you through the entire process, from figuring out how much you should get to win your case. We will also help you prepare the necessary documents, negotiate with your employer or insurance company and represent you in court. The best part is you don’t have to pay us until after the case is won. Avail of our free consultation now!