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Workers’ Compensation

Work-Related Traumatic Brain Injuries

The scan came back clear and you still cannot do your job. That gap is where these claims are fought.

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The injury nobody can see, disputed for exactly that reason.

Head injuries at work happen in ordinary ways. A fall from a ladder or a scaffold. Something dropped from above. Walking into a low beam. A vehicle collision while driving for work. A slip on a wet floor where the back of the head takes the impact.

You do not have to lose consciousness, and the imaging is frequently normal. What follows is often a concussion that does not resolve: headaches, difficulty concentrating, losing words, irritability, light and noise sensitivity, dizziness, and sleep that stops working.

Because a CT scan showed nothing, the claim gets treated as though nothing happened. That is the central dispute in these files, and it is answerable, but not with imaging.

Who this page is for

You hit your head at work, or your head was violently moved, and weeks or months later you are not the same. It applies whether or not you were knocked out and whether or not you went to hospital that day.

  • No loss of consciousness needed A jolt is enough. It is not a threshold.
  • Normal imaging is normal A clear CT does not rule out injury.
  • Symptoms arrive late Often days after, which gets used against you.
  • Others notice first Colleagues and family see it before you do.

What a head injury at work actually affects

Including the parts of a claim that are commonly left off it.

Illustrative only. A guide to the areas described beside it, not a medical diagram, and not medical advice. Select an area to read more.

What proves a brain injury when the scan is clear

Not one thing. A convergence of several, which is why these claims need building rather than filing.

Neuropsychological testing

Formal assessment of memory, processing speed, attention and executive function. It measures what a scan cannot, and it is the single most useful piece of evidence in a disputed head injury claim.

Contemporaneous accounts from other people

A supervisor who noticed you repeating yourself. A colleague who took over tasks. A spouse describing the change at home. These are ordinary observations and they are persuasive precisely because the people making them have no stake in the claim.

The failed return to work

Where somebody went back and could not manage, that attempt is evidence. Written records of errors, reduced duties or a second absence document the injury better than any account given afterwards.

The psychological conditions that follow

Depression and anxiety are common after a brain injury and are not automatically covered by an allowance for the physical injury. They generally have to be requested as additional allowed conditions, and a great many claims never do it.

Questions

Work brain injury questions

General information, not legal advice. Every case turns on its own facts. The only way to know where yours stands is to have someone look at it.

I never lost consciousness. Do I still have a claim?

Yes. Loss of consciousness is not a requirement for a brain injury and never has been. A jolt that moves the brain inside the skull is enough, and a great many significant injuries involve no blackout at all.

My CT scan was normal.

That is expected in most of these cases. Standard imaging is looking for bleeding and fractures, not for the diffuse injury that produces concussion symptoms. A normal scan means no emergency; it does not mean no injury, and the claim is proved through testing and observation instead.

I did not report it straight away because it seemed minor.

Extremely common with head injuries, because the symptoms often start days later. It makes the claim harder rather than impossible. What helps is anything that puts the incident on record at the time, including a text to a colleague or a note in a diary.

I feel fine some days.

Variability is characteristic, and fatigue makes it worse as the week goes on. A good Monday and an unmanageable Thursday is a pattern worth recording, because it speaks directly to whether you can sustain a working week.

Could this also be a disability claim?

If the effects last and keep you out of work, yes, and the two run alongside each other. Both are handled here, which means the comp claim is not settled in a way that damages the disability claim.

The appeal deadlines

Ohio workers compensation runs on short deadlines, and they are the reason most appeals are lost rather than the merits.

An order of the Bureau is appealed to the Industrial Commission within 14 days. An order of a District Hearing Officer is appealed to a Staff Hearing Officer within 14 days. An order of a Staff Hearing Officer is appealed to the full Industrial Commission within 14 days.

Where the dispute is about your right to participate in the fund at all, there is a further appeal to the Court of Common Pleas, and that one runs for 60 days.

A dispute about the extent of your disability does not go to the common pleas court. That is challenged only through a mandamus action, which is a different proceeding on a different standard. It is one of the most common misunderstandings we see, and it costs people appeals.

Not sure whether you have a claim?

Telling us what happened costs nothing and commits you to nothing. If there is no claim here, we will say so.

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Casper and Casper has taken care of my family for years my dad was hurt really bad and handicapped the rest of his life they helped him getting everything he needed and now that i was hurt on the job they have taken care of me

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I was injured on the job a while ago, and my employer decided that instead of taking care of me, they would let me go, even though I reported the injury. I contacted Dan Allnutt, of Casper, Casper & Casper, and told him my problem. He and his team went to work and got me the surgery i needed, and the workman's compensation I was due to get back to where I am today. Kim Chupka was an incredible rock, and every time I had a complaint or question, she was always there, with an answer.

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Doug Casper helped me with my Workman's Compensation claim, including a hearing before the Ohio Industrial Commission, in which he was successful. He was able to obtain total compensation for my hearing aids, which were desperately needed after a profession where I was continously over-exposed to very high decibel noise. Thank you Doug Casper!

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Joni Hayes the best the lady saved Christmas. She was on top of this self insured employer of mine that dint wanna pay up was two months. when I hired them she fixed the problem in couple hours and was holiday season wow she was amazing I totally recommend

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I have Doug Casper for my workers comp. He has helped me tremendously. I am now also working with Steve for my disability. Steve also helped us so so much when my late husband needed help with his illness. I have recommended this group to anyone who would need a lawyer.

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I had great service from Casper & Casper and I recommend them to all my family and friends for their Workers Compensation needs.

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