By: Michael J. McConnell, NYC workers’ compensation lawyer serving the Bronx, Manhattan, and the surrounding areas.
Head injuries are among the most serious work-related injuries in New York City. Concussions especially are considered a “type of traumatic brain injury.” They impact brain function, which can prevent someone from being able to work.
In this article, New York City workers’ compensation lawyer Michael J. McConnell will discuss the following:
- Jobs in NYC where Head Injuries are Common
- Concussion Symptoms
- Most Important Steps After a Concussion at Work in NYC
- Types of Workers’ Compensation Benefits Available for a Concussion
As always, this article is for general information and educational purposes only. It is not legal advice. If you are interested in a free consultation, please contact the Law Office of Michael J. McConell right now to get an assessment of your case.
Head Injuries are Common at Work in the Bronx and NYC
Head injuries, including concussions, can happen at any job in the Bronx or the other boroughs of New York City.
The reason for this is that the types of accidents that cause head injuries are present in almost all occupations.
Some of the typical causes of concussions include:
- Slip and falls
- Trip and falls
- Car accidents
- Falls from a roof, ladder, or heights
- Struck by an object
- Bumped head on equipment
- Assaults
In all of the above types of work accidents, there is a significant impact to the head, which can cause a concussion.
Generally speaking, the jobs that tend to have the most concussions in NYC include:
- Construction
- Healthcare, including nurses and home health aides
- Security Guards
- Drivers
- Cleaners, janitors, and custodians
- Warehouse workers
- First responders, including EMTs
- Corrections officers
While the above jobs might be the most likely to suffer a head injury, the reality is that plenty of others can result in a concussion too. Things like slip and falls, bumping one’s head, or a motor vehicle accident can happen to almost anyone at work.
Symptoms of a Concussion on the Job
Concussions typically result from an impact to the head. The problem with concussions is that the symptoms are not always obvious or visible – especially to the person who was injured.
This is why concussions or traumatic brain injuries (TBIs) are sometimes referred to as hidden injuries. In fact, it is quite common for someone to have a concussion and not realize it initially.
While some concussions will result in loss of consciousness, plenty of them do not. Especially after accidents where someone doesn’t lose consciousness, they might not think that they require immediate medical attention.
The problem with not seeking immediate medical attention after a head injury is that a concussion left untreated can result in serious complications. This is why the medical community has been so insistent in recent years on identifying and diagnosing concussions right away.
Some of the possible symptoms of a concussion according to the Mayo Clinic include:
- Headache
- Ringing in ears
- Nausea
- Vomiting
- Fatigue
- Drowsiness
- Blurred vision
- Confusion
- Dizziness
- Amnesia
- Temporary loss of consciousness
- Slurred speech
- Unusually delayed response to questions
- Difficulty concentrating
- Irritability
- Light or noise sensitivity
- Trouble sleeping
- Personality changes
- Feeling unusually emotional or depressed
These are merely some of the most common symptoms. Not all symptoms are likely to be present. Some are easy to identify (e.g., vomiting) while others might be tougher to detect (e.g., difficulty concentrating).
Further complicating things is that some of the symptoms might be there immediately after the accident while others will appear later. It is not uncommon for some of these symptoms to not show up until days, week, or even months after the accident.
If you have a head injury, you should seek immediate medical attention. There is too much risk in delaying care when it comes to head injuries.
Possible complications from concussions include:
- Post traumatic headaches or vertigo
- Post-concussion syndrome
- Second-impact syndrome
Avoiding these complications or treating them right away is critical. Please don’t wait to get proper care for your head injury.
The 5 Most Important Steps after a Head Injury in NYC for Workers’ Compensation Purposes
In general, there are five key things you will need to do after a head injury or concussion at work so that you can get the full workers’ compensation benefits that you deserve.
- Seek immediate medical care. Not only is this important for your health, but you want documentation for your injury as soon as possible.
- Notify your employer of the accident in writing within 30 days of the accident. The best practice is to provide notice as soon as possible – ideally right after the accident.
- File an Employee Claim Form called the C-3 with the New York State Workers’ Compensation Board.
- Continue to get the medical care you need as recommended by your doctor. Not only is this important to recover from your head injury, but if you are missing work and want to get compensated for lost wages you need to provide ongoing support from your doctor that you can’t work.
- Consider legal representation. Most workers’ compensation lawyers, including the Law Office of Michael J. McConnell, offer free consultations to injured workers in New York City. Especially if you have concerns that the for-profit insurance company or your employer might try to pay you less than you deserve, having an advocate to fight for your rights can be crucial and make you feel more comfortable with the process.
Worker’s Compensation Available for a Head Injury in NYC
If you injured your head or suffered a concussion at work in the Bronx or one of the other boroughs of New York City, you may be entitled to workers’ compensation benefits.
This can include compensation for:
- Lost wages
- Medical treatment
- Permanent Disability (if your injury ends up being permanent)
Lost Wages for a Concussion at Work
If you miss time from work for a concussion and have a doctor’s report justifying your absence, you can receive up to two-thirds of your average weekly wage through workers’ compensation subject to a minimum and maximum benefit rate set by New York State.
So, for example, if your doctor says you are 100% temporarily disabled due to your head injury and you typically make $1,500 per week on average, you could receive $1,000 per week from workers’ compensation for a concussion in New York City.
The key to getting payments for lost wages is to have up-to-date medical evidence from your doctor saying that you cannot work.
So in addition to making sure that you follow the doctor’s orders for regular checkups to protect your health and wellbeing, it is also essential that you do it from the standpoint of getting paid while out of work.
Medical Expenses are 100% Covered by Workers’ Compensation for a Concussion at Work in the Bronx and Elsewhere in New York
For an established work injury in New York, workers’ compensation covers all of the necessary and approved medical treatment at zero cost to the injured worker.
This means that the injured worker should have to pay absolutely nothing out of pocket for their head injury.
Permanent Disability for a Traumatic Brain Injury in New York City
If your brain injury results in permanent impairment that negatively impacts your ability to work in the future, you can also get paid benefits for your loss of wage earning capacity.
Permanent disability can be partial or total depending on the severity of the concussion and its lingering symptoms.
Where the concussion only partially prevents you from working, you might get permanent partial disability (PPD).
For traumatic brain injuries (TBIs) that prevent an injured worker from ever working again, they could get permanent total disability (PTD).
A determination regarding permanent disability usually doesn’t happen until about a year or so after the accident. At that point, your doctor might say you are at maximum medical improvement, which means that you have recovered to the greatest extent possible and any symptoms you still have will be permanent.
After that, the insurance company might hire their own “Independent Medical Exam” doctor to give a different opinion about your disability. Quite frankly, they often do this to undercut and discredit your doctor so that the insurance company can pay you less. After all, they have an incentive to maximize their profits, so the less they pay you the more money they make.
This is one reason why there can often be significant litigation when it comes to permanent disability for a traumatic brain injury in New York City. Ultimately a judge with the New York State Workers’ Compensation Board will rule on which side has the better argument regarding the disability.
If you suspect that you might have a permanent disability from a concussion or TBI, you might want to consider a free consultation with a New York City workers’ compensation lawyer to see if they can help you maximize the amount of money that you get for your case.
Conclusion: Concussions are Serious Injuries and Employees in New York City Deserve Full Workers’ Compensation Benefits After Work-Related Head Injuries
New York City employees who hurt their heads at work should immediately get checked out by a doctor for a concussion. Delaying care for mild traumatic brain injuries like concussions can result in devastating complications. Additionally, if you suffered at TBI at work in NYC, you may be eligible for workers’ compensation benefits for lost wages, medical care, and potentially even permanent disability. Maximizing the amount you are owed is critical, and there are necessary steps and deadlines that you must be aware of.
The Law Office of Michael J. McConnell serves the following areas for injured workers who hurt their head at work or suffered a concussion:
- The Bronx
- Manhattan
- Queens
- Brooklyn
- Staten Island
- Yonkers
- White Plains
- Mount Vernon
- West Nyack
- New City
- Long Island
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