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Catastrophic Workers’ Compensation Attorneys

Workers Comp Post-Concussion Syndrome Settlement

August 28, 2021

If you have recently suffered a head injury at work, you may be wondering if you are eligible for workers’ compensation benefits. Head injuries can be extremely serious, with long-lasting implications. Since head injuries can cause permanent damage and disability, it is crucial that you get the workers’ compensation benefits that you are entitled to for your workers’ comp head injury.

Head injuries can also occur during traumatic events occurring outside of the workplace, such as car accidents and falls. If you have suffered head injuries in a car accident or a fall, and your injuries were caused by negligence or the fault of someone else, you may also be able to obtain a settlement.

What is a Concussion?

A concussion is a form of traumatic brain injury. Many concussions are mild, but they can also be severe and cause lasting injury. Concussions can occur after an impact on your head or after you experienced a whiplash injury that caused your brain and head to quickly shake back and forth. In some cases, you may become unconscious after suffering a concussion injury.

You can suffer a concussion injury due to a car accident, during a fall, or playing sports. In most cases, concussions are not life-threatening injuries, but you may still have serious symptoms which can require medical treatment.

Post-Concussion Syndrome Workers Comp California

If you are injured at work in the state of California, you may be eligible for workers’ compensation benefits. You can obtain workers’ compensation benefits for many different types of injuries. One such injury that may be severe and permanent is post-concussion syndrome.

Post-concussion syndrome can occur after a person has suffered head injuries and developed a concussion. Symptoms of a concussion include a headache, dizziness, and difficulty with concentration and memory.

With post-concussion syndrome, the concussion symptoms last longer than the expected recovery period for the initial injury. In many cases, for a mild to moderate concussion, the recovery period may take anywhere from a week or two to a few months. If you have symptoms that last longer than a few months, you may be diagnosed with post-concussion syndrome.

Post-concussion syndrome may last up to a year, or even persist for a longer time. For that reason it is vital to obtain the post-concussion syndrome compensation amount that you deserve. 

What Are the Symptoms of Post-Concussion Syndrome?

Symptoms of post-concussion syndrome can be difficult to pinpoint, since they tend to be non-specific and may be vague. Some of the commonly reported symptoms associated with post-concussion syndrome include dizziness, headaches, sleep issues, cognitive problems such as decreased ability to concentrate, difficulty thinking, and problems with memory.

There are also some psychological symptoms associated with post-concussion syndrome, such as anxiety, depressed mood, and irritability. These symptoms can impact the injured person’s ability to live their day-to-day life as they did prior to the injury. Post-concussion syndrome can also make someone’s work performance suffer and impact their ability to maintain employment at their current job.

Mild Traumatic Brain Injury and Post-Concussion Syndrome Settlement

In California, workers who suffer an on-the-job mild traumatic brain injury may be entitled to a mild traumatic brain injury and post concussion syndrome settlement. Post-concussion syndrome settlements can vary and depend on many different factors. Some of these factors that go into determining the post-concussion syndrome value include the type of injury and whether the injury is permanent in nature, the medical treatment obtained and expected to be required in the future, and the average weekly wage of the injured worker.

Head Injury Car Accident Settlement

Motor vehicle accidents can cause head injuries that range from mild to severe in nature. If you have been hurt in a car accident that was not your fault and suffered a concussion, you may be eligible for a personal injury concussion settlement.

Head injuries, including concussions, can happen in different types of car accidents, such as rear-end collisions. If you were injured in a rear-end collision and suffered a concussion, you may be entitled to a rear ended concussion settlement.

A concussion and whiplash settlement attorney can help you obtain a fair settlement to compensate you for your injuries. A whiplash and concussion settlement can include payment designed to compensate you for the pain and suffering that you experienced due to your injuries.

The amount of money you may receive from a concussion pain and suffering settlement varies and depends on a few different factors. These factors include the severity of your injuries, the type of medical treatment you receive, how long you require medical care, and the lasting impact of your injuries, including whether you will have any permanent disability.

In addition to pain and suffering, your concussion settlement value may also include payment for medical expenses that you have incurred due to your injuries, as well as payment for future medical treatment that you are expected to need to recover from these injuries.

What Is the Average Settlement for Concussion?

If you are thinking about filing a personal injury lawsuit or a concussion after car accident claim, you may be wondering what the average settlement for whiplash and concussion is. Unfortunately, there is no way to know ahead of time exactly what your headaches from car accident settlement will end up being. For many cases, your lawyer may be able to give you an idea of what you can expect, but there are too many factors that go into determining settlement value to know for sure what head injury compensation payouts will be received.

For injured individuals who end up suffering from post-concussion syndrome, injuries and symptoms may be longer lasting, which can lead to a higher post concussion syndrome settlement. Your settlement for post concussion syndrome may include compensation for future medical expenses, along with past bills for prior treatment, pain and suffering, and lost wages if applicable.

Average Workers’ Comp Settlement for Concussion

It is difficult to calculate the average payout for a concussion. The severity of concussions can vary, which impacts settlement value. The average insurance claim for concussion varies widely.

Additionally, workers’ compensation cases have multiple factors that go into consideration when determining a workers’ comp concussion settlement. These factors include the average weekly wage of the injured worker, necessary medical treatment, and permanency of the injuries. A workers’ compensation attorney with experience handling head injury cases, such as concussions, might be able to give you an idea of what you can expect for concussion and PTSD settlements. 

Post Concussion Syndrome Workers Compensation Settlements

In California, injured workers who are hurt on the job may be eligible for workers’ compensation benefits. For a workers’ comp post concussion syndrome settlement California, it is a good idea to hire an attorney with experience handling workers’ compensation cases.

Workers’ compensation cases in California are handled differently than personal injury cases. A post concussion syndrome claim amount in a workers’ compensation case can be quite different than a post concussion syndrome settlement amount negotiated in a personal injury case.

For example, a workers’ compensation case settlement will be partially based on the permanency of the injuries caused by the incident, and the average weekly wage of the injured worker will be a factor in the settlement value. In a personal injury case, the post concussion syndrome settlement amount will typically include compensation for pain and suffering caused by the incident. Pain and suffering compensation is not awarded in a workers’ compensation case. 

Average Settlement for Post-Concussion Syndrome

It is nearly impossible to determine the average settlement for post concussion syndrome in a way that is useful for someone wondering about their eventual settlement. Compensation for post concussion syndrome in personal injury cases varies and depends on many different factors.

How to Prove Post Concussion Syndrome?

Post-concussion syndrome can be difficult to diagnose. One of the reasons for the diagnosis difficulty is because there is not currently a definitive test for post-concussion syndrome. Additionally, symptoms of post-concussion syndrome may be vague and have other causes.

In many cases, a diagnosis of post concussion syndrome is made based on the symptoms reported by the patient, along with an assessment and history of head injury. Some diagnostic tools that may also be used include a CT or an MRI scan of the head, as well as a physical exam. Depending on the symptoms and circumstances of the head injury, other tests may be performed in order to rule out other causes of post-concussion syndrome symptoms, such as an infection, poisoning, or brain bleeding injury.

Since post-concussion syndrome is difficult to diagnose, it can be challenging to prove that an injured person is suffering from post-concussion syndrome. In order to obtain a post concussion syndrome insurance settlement, you will have to provide some evidence that supports the diagnosis of post-concussion syndrome.

The best evidence to prove post-concussion syndrome is often your medical records. Helping to prove your case is one of the many reasons why it is important to be honest with your doctors and be thorough when describing your symptoms. If one or more of your treating physicians has made the diagnosis of post-concussion syndrome, these medical records can be helpful to show the diagnosis, as well as how severe the condition is, and how it has impacted your daily life.

Other than obtaining a copy of your medical records, there are a few other things you can do that can help you and your lawyer prove your post-concussion syndrome workers’ compensation or personal injury case. It is often helpful to create a list of any witnesses to the accident or incident in which you were injured. The list should include their full names and contact information, if available.

You can keep a journal and write down details regarding any symptoms you are experiencing, along with details about how severe the symptoms are and how often you are experiencing them. You can also log specific details regarding occasions in which your post-concussion syndrome symptoms are impacting your ability to live your normal life and accomplish your typical day-to-day activities.

What Treatment is Required for Post-Concussion Syndrome?

If you have been diagnosed with post-concussion syndrome, you may also be wondering what you can expect when it comes to medical treatment for your injuries. In some cases, you may be able to recover from post-concussion syndrome with some rest for a short period of time.

However, there are more serious cases of post-concussion syndrome that do require substantial medical treatment. Most health care providers are able to treat symptoms of post-concussion syndrome.

For headache symptoms, your doctor may prescribe pain or migraine medications. In cases that involve mental health symptoms that are associated with post-concussion syndrome, a psychiatrist or neurologist may become involved.

These specialists can prescribe antidepressant medications and may recommend psychotherapy. Speech and occupational therapy may be recommended in cases in which the person suffering from post-concussion syndrome is experiencing neurological issues, such as loss of memory and difficulty concentrating.

Workers Compensation Settlements for Head Injury

Traumatic brain injuries (TBI) can result in large TBI workers’ compensation settlements. One of the reasons for this is the fact that traumatic brain injuries often have lasting effects on the injured person.

In some cases, the brain injury is so severe that the injured worker will require extensive medical treatment in the future. An injured worker with a TBI may also be unable to return to work in their former position.

Depending on the severity of the injury and how it impacts their ability to function, they may need to change careers altogether. An unfortunate consequence of a major career change can be a much lower earning capacity. Workers’ comp head injury settlements do take long-term effects into account.

Settlement amounts for head injury can be substantial, but for a minor head injury claim, such as a minor concussion that resolved quickly, these cases can have a lower value.

What Is Occipital Neuralgia?

Occipital neuralgia is a condition that occurs when the nerves that run through the scalp, the occipital nerves, are injured or inflamed. This condition causes severe headaches that feel like throbbing or shooting pain in the back of the head, upper neck, or behind the ears.

It can be caused by a few different diseases or conditions, such as infection, diabetes, cervical disc disease. Occipital neuralgia can also be caused by a traumatic brain or head injury.

If you are experiencing occipital neuralgia after a car accident caused by someone else, you might be eligible for an occipital neuralgia car accident settlement. A personal injury lawyer with experience handling traumatic brain injury cases can help victims obtain settlements for occipital neuralgia injuries.

An occipital nerve damage settlement, like many personal injury settlements, will often include compensation for pain and suffering, medical bills, lost wages, and compensation for future medical care if required.

Diagnosing Occipital Neuralgia

It can be difficult to diagnose occipital neuralgia. This is because there is not one specific test that can be used to reveal either a positive or a negative diagnosis. Generally, a doctor will perform a physical examination along with a neurological exam in order to look for abnormalities.

If physical and neurological exams are inconclusive, diagnostic imaging tests like MRIs and CT scans may be performed. Additionally, in some cases, occipital nerve blocks may be used in order to confirm a diagnosis. 

Treatment for Occipital Neuralgia

There are several different treatment options for occipital neuralgia injuries. Conservative forms of treatment are typically tried first. These types of treatments include physical therapy, pain medication, and nerve blocks.

In severe cases in which conservative treatment fails, surgery may be required to resolve an occipital neuralgia injury. Surgical options include occipital nerve stimulation, spinal cord stimulation, and C2, 3 Ganglionectomy. 

Do I Need to Hire an Attorney for My Post-Concussion Syndrome Case?

While you can always move forward with a personal injury or workers’ compensation case without hiring a lawyer, it will nearly always be more beneficial to you to seek legal representation. Lawyers with experience handling head injury and post-concussion syndrome cases will have the skills necessary to negotiate favorable settlements or will be able to take your case to trial if you are unable to reach an agreement.

The best time to hire a lawyer to handle your case is as early in the process as possible. In a workers’ compensation case, an attorney can help make sure that you receive all of the benefits that you are entitled to.

Since benefits can be cut off for disputes over medical treatment, it is always best to have an attorney on the case from the start to help prevent benefits from being cut off or to promptly address the issues as they occur. For example, if the workers’ compensation insurance company disputes a surgical procedure that your doctor is recommending, your attorney may be able to take the matter to court before the arbitrator and obtain a ruling from the court regarding your surgery.

In personal injury cases, it is not unusual for insurance adjusters to contact victims of car accidents quickly after the accident has occurred in order to reach a fast settlement. In some cases, these settlement offers may seem enticing and worth taking.

However, when it comes to head injuries, these injuries may actually be more severe than they initially seemed to be. If you settle your case too early, you will be out of luck if you need more medical treatment, or your condition worsens and becomes more debilitating. For this reason, it is absolutely worth speaking with an experienced attorney to discuss your legal options before you agree to any kind of settlement early on in the process. 

Workers Comp Post-Concussion Syndrome Attorneys at the Odjaghian Law Group

The Odjaghian Law Group has many years of experience successfully handling traumatic brain injury cases. Over the years, the southern California workers’ compensation and personal injury attorneys have achieved multiple settlements for their clients valued at millions of dollars.

Our brain injury attorneys are very familiar with the unique challenges of both workers’ compensation and personal injury cases involving traumatic brain injuries. We know what it takes to obtain the maximum settlements for our clients. Contact our office today to schedule a consultation to meet with one of our attorneys and learn more about what we can do to help you fight for your legal rights.

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