Concussions

Schaumburg and Wheaton Attorneys Assisting in Claims for Workers’ Compensation

Concussions are a form of traumatic brain injury and can range from mild to serious. Head injuries are not uncommon in the workplace, and are often caused by slip and falls, falling objects, and vehicle accidents. Illinois law provides that all workers are entitled to benefits and protections following a workplace injury. Relying on more than 35 years of combined experience, the Wheaton and Schaumburg workers’ compensation lawyers at Therman Law Offices strive to pursue benefits and compensation for injured employees.

Benefits Available Following a Work-Related Concussion

Concussions are often caused by a sudden blow to the head. In most cases, they result in temporary injury, but they can also have long-term effects including memory loss, anxiety, seizures and depression. Construction workers and others who perform tasks inside a factory may be at more risk of suffering concussions due to falling objects, while others may be vulnerable to slip and fall accidents. An employee injured in a work-related vehicle accident can also suffer a concussion.

Workers’ compensation benefits that may be available to those who have suffered a job-related concussion are set forth under the Illinois Workers’ Compensation Act (IWCA). These benefits include disability payments for work missed due to the injury, as well as reasonable medical expenses for treatment. Benefits provided under the IWCA represent the exclusive remedy for the worker’s injuries, regardless of fault.

A worker temporarily disabled due to their concussion may be entitled to recover either total or partial benefits on a short-term basis. Temporary total disability (TTD) benefits are appropriate when a worker who has endured a concussion cannot return to their employment for a certain length of time. During the period needed to heal, and while receiving medical treatment for the concussion, a worker will be entitled to recover these benefits. TTD benefits are also available to employees physically capable of returning to their employment position but unable to be accommodated by their employer. These types of benefits are paid weekly during recovery. In most cases, wage benefits amount to two-thirds of the employee’s average gross weekly wage, based on their earnings during the 52 weeks before their injury.

Temporary partial disability (TPD) benefits are intended for workers recovering from their concussion who may be capable of working, but who perhaps cannot perform all the same tasks that they could pre-injury. When an injured employee has been medically released to perform work, they may be eligible for TPD benefits. When there is a gap between the amount the worker earned before their injury and the amount in their light or restricted duty job, TPD covers this difference. For all injured workers, if they cannot return to their vocation due to their concussion injury, workers’ compensation provides for vocationanal rehabilitation costs.

Third Party Claims for Compensation

In the event that an individual or business other than the employer caused or contributed to your concussion, they may be held liable. This kind of lawsuit is known as a “third party” claim and can help an injured individual recover the full amount of their medical costs and lost wages, including future anticipated wages. They may also secure pain and suffering damages as well as punitive damages.

An example of a third party claim for negligence might be a claim against an at-fault driver who caused a vehicle crash, or a property owner if the worker was injured at an off-site location. It will be necessary to set forth evidence supporting liability. In many cases, the worker will allege that the third party was negligent, and the worker will need to establish duty, breach, causation, and damages in support of their claim.