With March being National Brain Injury Awareness Month, this type of injury specifically as it relates to a workplace accident is on our mind at Kaplan Morrell law. Brain injuries are extremely serious matters and when they occur at work, it complicates and intensifies the severity of the incident even further. When it comes to workers’ compensation laws and coverage of these specific events in which the brain is affected, the odds are typically stacked against the injured party. There are a few things you should know about these types of accidents to best protect yourself or someone you know should one occur and how to best go about the workers’ compensation process.
#1 – Was there a loss of consciousness?
This is a paramount sign of concussions and brain injuries. Insurance companies, doctors that see you after the fact and other parties will be combing through initial medical records and reports to determine whether there was loss of consciousness or not. Typically, they use this as a benchmark method to determine the seriousness or potential seriousness of the injury. Often times, we will see that they will minimalize the extent of the brain injury if there was no loss of consciousness.
#2- What were your cognitive measurements prior to the accident?
Insurance companies will closely look at your cognitive performance before the workplace incident took place. They do this by looking through school records, which are usually decades old by the present time. They will also look at the type of work you perform. Family members can be a great resource to give good history and background knowledge on your cognitive functions, so lean on them to help with this.
#3 – Who do you have taking care of your medical needs?
When the initial injury occurs and medical treatment begins, you will likely be working with a primary doctor or occupational doctor who is sort of “in charge” of your case. While adequately qualified to serve your medical needs, the primary doctor acts more of a facilitator or manager of your case rather than actually addressing your specific treatment. A specialist called a neurologist, will give you neuropsychological evaluation and spearhead the treatment. Unfortunately, in Colorado, there are some neurologists who are better than others. Working with a law firm that specifically handles workplace head injuries, like Kaplan Morrell, can help recommend and ensure you are under the care of a better neurologist to ensure the best treatment is in place.
#4 – Prepare for the unknown.
While all workplace injuries are traumatic and complicated in their own way, getting hurt is never easy, head injuries come with a unique process as well. These wounds come with unknown and unforeseen side affects that can be intrusive and affect your everyday life for a lengthy period of time. Victims of head trauma report things such as headaches, changes in their emotional state, higher anger, less patience, relationship failure, marriage strain and more. Knowing this and working with a legal counsel that has experience working with victims going through the same things as you and your family can help you through this difficult time.
#5 – Everyone in the system will try to minimize the severity of the situation
As we’ve covered, head injuries are complex and costly to employers and insurance companies. In our experience covering these cases from a legal perspective, it can seem like everyone in the system will try to minimize the extent of the problem. Doctors, insurance adjustors, employer attorneys and other parties involved will try to challenge the case as much as they can typically. Good experts and legal counsel that is willing to be aggressive and go the extra mile are going to be imperative to defend you and get you the compensation you deserve. Our team has experience and several tactics we can utilize to work to ensure you receive proper treatment when the carrier does not want to cover it. This representation is critical to your health.
While we hope a workplace injury that affects your head or brain never occurs for you or anyone you know, it can happen on the job in Colorado or anyplace for that matter. Kaplan Morrell is proud and happy to help all who have been hurt on the job in Colorado. Contact us today. Our consultation is free. Our law firm has over sixty years of combined experience to work to get you the benefits you deserve. Call us at 303-780-7329 or visit our website. We are here to happily and proudly serve you.