Construction and industrial workers face a real risk of head injury from falls, falling objects, and equipment strikes. A traumatic brain injury can change a worker's life even when the outward injury looks minor. This article explains how Maryland workers' compensation applies to brain injuries and what injured workers and their families should do.
A concussion or other brain injury often leaves no visible mark. Symptoms such as headaches, dizziness, memory problems, and changes in mood can take days to appear. Because the injury hides, early medical evaluation and a clear record of the event matter a great deal.
Maryland workers' compensation covers an accidental injury arising out of and in the course of employment, regardless of fault. Benefits can include medical treatment, temporary total disability payments while the worker cannot work, and permanency benefits for lasting impairment. In the most serious cases, a worker may qualify for permanent total disability benefits.
Tell the employer about the injury promptly and in writing, generally within ten days, and keep a copy. The worker or the worker's family then files an Employee Claim with the Maryland Workers' Compensation Commission, generally within two years of the accident. When the injured worker remains hospitalized, a family member can gather records and contact a lawyer.
Workers' compensation generally bars a negligence suit against the employer. When someone other than the employer caused the injury, such as another contractor on a job site or the maker of a defective helmet, the worker may also bring a third-party claim. That claim can recover damages that workers' compensation does not pay, such as pain and suffering.
Employers should supply hard hats that meet current safety standards and replace any helmet that shows cracks, dents, or a prior impact. Workers should inspect their helmets before each shift and stop work after any blow to the head. Reporting every impact, even one that seems minor, protects both the worker's health and any later claim.
Christopher L. Beard, an Annapolis attorney, represents injured Maryland workers in claims before the Workers' Compensation Commission. To discuss a workplace injury, e-mail chris@attorneybeard.com or call (410) 267-0227. You can also read our article on the personal injury claims process in Maryland.
