Billie-Marie Morrison, Attorney at Law

The Misdiagnosed Brain Injury and Workers’ Compensation

Brain injuries are increasingly gaining attention in the media and have become known to be part of a silent epidemic for professional athletes, as well as for many hurt in the work place. A brain injury, also known as traumatic brain injury (TBI), is often overlooked and misdiagnosed. One reason for this is because a brain injury it is not obvious or ugly. There is no bright red cast, no stitches, no limping or apparent bruising. A second reason is that the more obvious, traumatic or easier to diagnose injuries get all of the attention.

According to the president of the Brain Injury Association of America (BIAA), traumatic brain injuries are the most misunderstood, misdiagnosed and underfunded health problem that presently faces our nation. Most brain injuries come in the form of a concussion. A concussion is most often caused by a sudden direct blow or bump to the head. This impact to the head can jolt the brain and cause it to move around causing bruising, damage to the blood vessels, bleeding inside the brain, lacerations inside the brain and/or injury to the nerves. The brain can also experience secondary injuries such as swelling, fever and seizures.

In lay-man’s terms, a brain injury results in the brain not working right. Some of the symptoms include:

  • disturbed vision;
  • loss of equilibrium, dizziness, loss of balance or clumsiness;
  • confusion or feeling dazed;
  • slurred speech;
  • nausea or vomiting;
  • headache;
  • sensitivity to light;
  • sensitivity to noise;
  • sluggishness;
  • ringing in the ears;
  • behavior or personality changes;
  • concentration difficulties;
  • and memory loss.

Many of these symptoms manifest themselves very slowly and progress equally as slow, especially when undiagnosed and not treated, thus causing the misdiagnosis. In fact, the long-term effects of a mild head injury may not appear for weeks after the accident or injury.

What to do if you think you have a concussion or brain injury?

It is extremely important for anyone who thinks they may have a concussion or brain injury to seek competent medical treatment as soon as possible, especially since the symptoms may not be obvious at the time. The longer a person waits to seek medical treatment, the more difficult it becomes to recover. The long term effects of a brain injury can lead to the risk of developing certain diseases such as Alzheimer’s and Parkinson’s, severe brain disorders, cognitive disorders, speech or communication challenges, mood disorders including unusual aggressive behavior, long-term memory loss, migraine headaches, addiction, insomnia and even suicide.

While a brain injury can be a life-altering event, the good news is with the proper diagnosis and treatment, brain functions can improve and often resolve completely. When a brain injury is associated with an injury on the job, the challenges become much greater because of the very restrictive reporting requirements and difficulties in obtaining medical care and treatment for an injury that was not diagnosed immediately after the accident or injury.

Report your head or brain injury to your workplace

If you hit your head, or think you suffered any type of head or brain injury while in the workplace, you must report it immediately and be specific about your symptoms. For instance, if you are having unusual headaches, difficulty concentrating or engaging in normal conversation or struggling with normal everyday tasks, along with the above-mentioned symptoms, you must report it immediately. The key to any workers’ compensation claim is to have all of the injuries and problems documented correctly and as soon as possible. This includes having the correct documentation in the initial reporting at the medical facility or hospital, and on the C4 form if possible. If you don’t notice these symptoms right away because other body parts hurt worse, or they have not manifested themselves, make sure you tell your doctor or medical provider as soon as you notice them and specifically request these symptoms are documented in your medical records and that you are referred to a specialist.

Head and brain injuries are nothing to fool around with as they may have life-long effects and develop into much more serious disorders if not diagnosed as soon as possible and treated properly. If you have even the slightest concern of a head or brain injury, report it to your doctor immediately. If it is not documented in a workers’ compensation case and requested to be included in the claim, it is almost impossible for inclusion in the claim once the claim is closed or a significant amount of time has passed. Take control of your life, and take care of your family and future, and report all head and suspected brain injuries right away.