Showing posts with label traumatic brain injury. Show all posts
Showing posts with label traumatic brain injury. Show all posts

Saturday, January 14, 2012

Post-Concussion Syndrome and Minnesota Workers’ Compensation

In Minnesota, if you suffer from post-concussion syndrome, including headaches, dizziness, or anxiety after a work-related head injury, you may be entitled to workers’ compensation benefits to help you deal with the effects of the symptoms you are experiencing. 

 Post-Concussion Syndrome Overview 

Post-concussion syndrome is a disorder characterized by post-concussion symptoms, such as headaches or dizziness, last for weeks or months after a head injury that caused a concussion.

A concussion is a mild traumatic brain injury which usually occurs as a result of a blow to the head. The risk of post-concussive syndrome is not necessarily associated with the severity of the initial injury.

In most people, symptoms of post-concussive syndrome occur within the first week to ten days after the injury, and they typically resolve within three months, although they can persist for a year or more. Post-concussion syndrome treatments are aimed at treating the symptoms associated with the syndrome.

Symptoms of Post-Concussion Syndrome 

Symptoms of post-concussion syndrome can include:
  • Headaches 
  • Dizziness 
  • Fatigue 
  • Irritability 
  • Anxiety 
  • Insomnia 
  • Loss of concentration and memory 
  • Noise and light sensitivity 
Post-Concussion Syndrome Treatment 

Treating post-concussive syndrome involves treating the symptoms associated with the condition. For headaches, your doctor may prescribe medications. For memory or thinking difficulties, cognitive therapy may be helpful. For depression and anxiety, you may be referred for psychotherapy or prescribed medications.

Post-Concussion Syndrome and Minnesota Workers’ Compensation 

If you’re suffering from post-concussive syndrome as a result of a work-related concussion, you may be entitled to Minnesota workers’ compensation benefits, including medical expense benefits, wage loss benefits, permanent partial disability benefits and/or rehabilitation benefits.

Post-concussive syndrome involves persistent symptoms, including headaches, dizziness, fatigue, and anxiety. These symptoms are subjective, meaning they are not easy to objectively measure. You can’t see a headache, dizziness, or anxiety, on an x-ray or an MRI. That doesn’t mean those symptoms are not real, but it does mean that your diagnosis is based on your subjective complaints of symptoms. Because these symptoms are subjective, workers’ compensation insurance companies often dispute claims involving post-concussive syndrome, particularly if the symptoms last for an extended period of time. Often, a workers’ compensation insurer may send you to an independent medical examination to assess the nature and extent of your injuries. Almost invariably, that IME doctor will say that you have no objective symptoms, and therefore, there’s nothing wrong with you. Based on that opinion, the workers' compensation insurer will then deny your claim for Minnesota workers' compensation benefits.

Post-concussion syndrome is real, and it can be significantly disabling. If your workers’ compensation insurance company denies or disputes your claim for benefits, you have the right to dispute that denial! 

We represented a woman a couple years ago who was a pedestrian who was struck by a car. While this involved a personal injury claim, and disputes with her no-fault insurer, and the uninsured motorist claim over her entitlement to benefits, I think it’s informative as to how far insurance companies will sometimes go to deny a legitimate claim. She was walking down the sidewalk when a car came flying from a nearby parking lot and hit her, throwing her several feet in the air, and she landed, face-first on the ground. She was knocked unconscious and was transported by ambulance to the Emergency Room where she was treated for a concussion. It turned out that the driver who hit her was not only intoxicated, but he was in the process of stealing the car when he ran her down. Almost immediately, she began experiencing significant headaches and severe dizziness as well as fatigue.

Within about six weeks after the accident, her own insurance company sent her to an “independent” medical examination and promptly cut off her No-Fault benefits. The so-called doctor who examined her went to great lengths to downplay the seriousness of the accident. In his report, he described the accident as if she had been simply “bumped” by a slow-moving vehicle, and fell down as a result. He also failed to mention the fact that she lost consciousness, that she had severe scrapes on her face from hitting the pavement, that she was transported by ambulance to the Emergency Room, or that she was diagnosed with a concussion. He suggested instead, that she had sustained a minor neck sprain that should have fully resolved within a couple weeks.

Thankfully, a No-Fault arbitrator saw how ridiculous this opinion was, and awarded her the full amount of her claim for No-Fault benefits. We also secured a significant settlement for her of her uninsured motorist claim.

We’ve represented several Minnesota workers who have suffered traumatic brain injuries, including post-concussion syndrome following a work-related concussion:
  • A security guard who was hit in the head with a two-by-four by a burglar. 
  • A special education teacher who was hit in the face by a student with a behavior disorder. 
  • A truck driver who stuck his head on the ground after a load he was delivering fell out of the back of the truck and hit him, causing him to fall to the ground. 
  • A truck driver who was jostled around in the cab of the truck when a student driver he was training ran the truck off the road. 
  • A stage hand who was hit in the face by a piece of stage equipment that came loose and swung around, striking her. 
  • A police officer who was shot in the head with a rubber bullet during training. 
  • A mechanic who was working underneath a raised vehicle, when he stood up suddenly, striking his head on the undercarriage of the truck. 
  • A young construction worker who was hit in the head by a floor truss that fell off a forklift working above him. 
A knowledgeable Minnesota workers’ compensation attorney can help protect your workers’ compensation rights and make sure you get the benefits you’re entitled to. Don’t trust the workers’ compensation insurance company to look out for your best interests! For a free, no-obligation workers’ compensation case consultation call Meuser & Associate at 877-746-5680 or click here to send us an email

Sunday, April 12, 2009

Use Your Head: Wear a Helmet

Some recreational activities, such as riding horse, skiing, snowboarding, riding bicycle or riding motorcycle, carry with them an increased risk of traumatic brain injury should an accident occur. The single best way to prevent catastrophic brain injuries as the result of an accident is to wear a helmet.

Dr. Marvin Zelkowitz, a board-certified neurologist at Ingalls Memorial Hospital, notes in the SouthTown Star that "In my 30 years as a neurologist, I have seen every type of head injury imaginable, from mild to fatal. Wearing a helmet can help reduce serious head injuries 50 to 80 percent of the time."

Helmets provide two types of protection, Dr. Zelkowitz said. "They're best at preventing penetrating injuries, but they also absorb quite a bit of force."

In order to choose the right type of helmet, one must keep in mind that different activities require different types of helmets. For example, you shouldn't wear a bicycle helmet while skiing and vice versa. Visit the Consumer Product Safety Commission’s Website or the Snell Memorial Foundation, which independently tests all types of helmets to learn more about choosing a helmet. Design and fit are the most important safety features of any helmet. They should be comfortable and snug. A helmet should be centered on the top of the head and the strap should always be buckled.

Helmet use is particularly important for children. As many as 75% of bicycle-related deaths among children could be prevented by the use of a bicycle helmet. To encourage regular helmet use, adults should serve as role models for their children and wear helmets as well.

Despite best intentions, injuries still do happen. The risk of head injuries or traumatic brain injuries is highest among men ages 15 to 24. Fortunately, most head injuries are relatively minor, but for half a million Americans every year, the injuries are severe enough to require hospitalization. For safety’s sake, anyone who has suffered a blow to the head should seek medical attention. If you experience convulsions, slurred speech, weakness or numbness in the extremities, dilation of one or both pupils, vomiting, severe headaches, confusion or agitation, you should seek emergency medical attention. The initial period of care following a brain injury is critical. Emergency care for traumatic brain injury focuses on preventing permanent and serious brain damage.

If you or a loved one has suffered injuries as the result of a bicycle or motorcycle accident, contact Meuser & Associates to learn about your rights under Minnesota law. For a free, no-obligation consultation, call us at 877-746-5680, or click here to send us an email.

Visit Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at MeuserLaw.com

Wednesday, April 1, 2009

Traumatic Brain Injury (TBI), Causes, Signs and Symptoms

More than 1.5 million people suffer traumatic brain injury (TBI) every year. Traumatic injury to the brain occurs in one of two ways. First, the cerebral cortex can be bruised as the result of a hard object striking the head, or when the head strikes a hard object. This is sometimes called a contusion or concussion. Second, the deep white matter in a person’s brain can suffer diffuse injury as the result of an injury to another part of the body, where the force of the shock is transferred to the brain. In these types of injuries, such as in severe whiplash injuries, the axons or neurons, which conduct electrical impulses in the brain, are damaged.

Traumatic brain injuries can cause a variety of physical, cognitive, and emotional or behavioral symptoms, including:
  • Physical symptoms: paralysis, hearing loss, ringing in the ears, vision impairment, blurred vision, headaches, speech impediments, seizures, involuntary muscle spasms, reduced endurance, loss of consciousness
  • Cognitive symptoms: communication impairments, difficulty with writing, attention deficits, difficulty with concentration, unusual perception, difficulty planning, short and/or long term memory loss, dizziness, loss of coordination, vertigo, poor judgment, deficient reading skills, disorientation
  • Behavioral/emotional symptoms: agitation, restlessness, fatigue, anxiety, mood swings, low-self esteem, depression, sexual dysfunction, lack of motivation, sadness, inability to cope
Traumatic brain injuries frequently occur as the result of a car accident or as the result of a fall. Even minor accidents or seemingly small head bumps can cause life-altering brain injuries. Some traumatic brain injuries do not immediately cause obvious impairments or symptoms. If a head or brain injury is suspected, the victim must be monitored closely. Unfortunately, in some instances, an untreated serious brain injury can cause death or catastrophic disability.

What to watch for after an accident:
  • Monitor the victim. If a person has been involved in a car accident or fall where they hit their head, even if they did not lose consciousness, they should be monitored carefully for signs and symptoms of traumatic brain injury.
  • Watch for symptoms of dizziness, headache, confused thinking and vomiting. These symptoms are signs of traumatic brain injury. If the victim displays any of these symptoms after an accident where they hit their head, take them to an emergency room.
  • Monitor for changes in condition. If an accident victim’s symptoms change, i.e., a headache worsens, they vomit or become nauseous, they become sleepy, or exhibit confusion or other behavioral changes within 12 hours of the head injury, they may have a brain bleed, and should be taken to an emergency room.
  • Medications. People on blood thinning medications are at greater risk for bleeding in the brain. Monitor their symptoms closely.
  • Seniors, children, and young adults. Seniors, children, and young adults should be very closely monitored for symptoms of a brain injury after an accident. These victims may have more difficulty communicating their symptoms, or may not as notice the symptoms as readily as other people. If they show any signs of vomiting, confusion, or severe headache, they should be taken to an emergency room.
If you or a loved one has suffered a traumatic head injury as the result of a car or truck accident, or as the result of a work-related injury, contact the experienced personal injury and workers’ compensation lawyers at Meuser & Associates for a free, no-obligation consultation. We can help make sure you get the compensation you are entitled to. Call us today at 877-746-5680 or click here to send us an email to schedule a free consultation.

Visit Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at MeuserLaw.com
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