Slip and fall accidents, machinery malfunctions, and falling items are typical causes of head injuries in the workplace. Injuries to the head pose a particularly high risk of permanent disability or death on the job due to the presence of the brain.

In fact, head injuries are among the most common to take place on the job. The Bureau of Labor Statistics estimates that around 100,000 workers sustain head injuries on the job annually.

You may have a lot of questions if you have experienced a head injury at work. We will explain how workers' compensation works in regard to head injuries in the following article. We will explain what kinds of injuries are covered in a New York workers' comp claim, and how much money you can expect to receive.

However, it is highly recommended that you speak with a qualified New York workers' compensation lawyer with any questions. Brandon J. Broderick, Attorney a Law, has represented clients for more than a decade. We can ensure you maximize your claim.

Settlement Averages For Workers' Comp For Work-Related Head Injuries

The average cost of a worker's compensation claim for a workplace head injury is just over $92,000, according to the National Safety Council (NSC). This average includes both lost wages and medical expenses. The average cost of a claim filed with the NSC for a brain injury is as follows:

  • $1,000 to $30,955 - for a mild head injury, which may include minor swelling or a mild concussion
  • $30,995 to $59,293 - for a moderate to severe head injury, which may include a concussion or even skull  fractures
  • $59,293+ - for a severe head injury, which includes brain injuries or even long-term brain trauma

Workers’ Compensation Benefits for Head Injuries

Workers who suffer a head injury at the workplace, whether it be the result of overexertion or an accident, are covered by New York's workers' compensation program. Injuries such as the following may result from passing out or fainting due to overexertion:

If an employee suffers an injury on the job, workers' compensation will cover the cost of any medical care required, up to the policy's maximum benefit. Travel expenses, such as those associated with getting to and from doctor's visits, may also be covered in some cases.

The types of benefits available to New York workers include:

Temporary Disability Benefits

If a work-related injury requires you to miss more than seven days of work, you may be eligible for financial benefits meant to replace a portion of your lost pay. Unless you end up being out of work for longer than 14 days, you won't get these benefits for the first week.

You will get temporary disability benefits equal to a percentage of your typical weekly wages in the year prior to your injury. Your disability rating, from 0% to 100%, will be determined by your treating physician.

Permanent Partial Disability Benefits

A worker whose recovery was not complete is classified as having a "permanent partial disability". In this scenario, there are two sorts of benefits to consider: scheduled loss of use and non scheduled loss of use. The worker's ability to earn a living has been diminished, hence compensation is provided. However, both have maximum payout periods of a certain number of weeks, with the possible exception of nonscheduled awards for injuries occurring before March 13, 2007.

Permanent Total Disability Benefits

A worker who is permanently disabled and unable to work and earn a living, the workers' compensation is unlimited without a time period that is capped.

Additional Benefits

Other benefits available through New York's workers' comp system are:

Vocational rehabilitation: Your eligibility for vocational rehabilitation and job placement services will be determined by whether or not you are able to return to your previous occupation after suffering an accident.

Death benefits: Workers' compensation death benefits in New York are calculated using a formula that takes into account the number of dependent children left behind after the death of a worker. If an employee dies on the job, their funeral costs, up to a county-mandated amount, will be covered by workers' comp.

Limitations to Workers' Compensation

You should understand that workers' compensation will not cover all of your financial losses. While it may appear to be unfair, it is a necessary trade-off. You don't have to prove your employer was at fault for the accident in order to collect workers’ comp benefits. However, you can't sue your company for more than your full lost wages or pain and suffering.

There are some exceptions to the general rule that you cannot sue if you collect workers' comp. If you have questions about your specific injury and if you have other options, it would be wise to consult an NY workers' comp attorney with relevant experience to help you understand how the law pertains to your case and pursue the appropriate damages, or even a personal injury claim, if warranted.

Contact Our NY Workers' Compensation Lawyer Team

Contact the law offices of Brandon J. Broderick, Attorney at Law, if you or someone you know has suffered a serious head injury at work and needs legal representation. Our clients have enjoyed the benefit of our experience with maximum settlement cases. We strive to get the most for our clients so they can live out a long and fruitful life, no matter the injury they have suffered.

Contact us online now to set up a free consultation to discuss your possibilities of your case, workers' compensation benefits or anything related.

Posted by: Brandon J. Bro…
Date: Tue, 01/17/2023 - 15:57

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