Benefits denied for a closed head injury

Workers compensation lawyer in Michigan offers prospective on why insurance companies dispute closed head injuries.

A closed head injury can cause significant damage to the brain. It usually results from a blow to the head causing the brain to collide with the inside of the skull.

A person with a closed head injury can develop cognitive problems, headaches, dizziness, sensitivity to light and sound, seizures, and personality change.

A person affected by a closed head injury might find themselves quick to anger and not be able to work. Depression and fatigue are commons symptoms.

Benefits under workers compensation

A person with a traumatic brain injury is entitled to unlimited medical care. All reasonable and necessary treatment should be paid without co-pays or deductibles. This is perhaps the most important benefit because of the enormous expense of medications and other treatments.

Attendant care is also available to help with activities of daily living. Family members can be paid up to 56 hours per week to help. If additional assistance is needed, a professional can be hired.

Wage loss benefits must also be paid if a person is disabled from work. The amount will equal 80% of the after-tax average weekly wage while the person was working. Wage loss can continue indefinitely.

Why insurance companies dispute these claims

Individuals with a closed head injury often find their benefits denied. Insurance companies understand that these types of claims can be catastrophic. Significant amounts of money must be paid for rehabilitation and treatment.

Insurance companies frequently send people to what’s called an independent medical examination (IME). The truth is that these examinations are not independent. Insurance companies use the same doctors over and over again. It is common to see a specific doctor find no evidence of injury in almost every case.

The insurance company can dispute benefits when its doctor concludes that a person has reached the end of treatment or can return to work. It does not matter what the facts show or even what the treating doctor says.

How to protect yourself

We recommend that you speak with a lawyer after any closed head injury. Even if you are currently receiving benefits, it is a good idea to get some advice. The insurance company doesn’t even have to know that you took any action.

An experienced workers compensation lawyer can help you resolve minor issues before they become major problems. If benefits are disputed, this decision can be challenged in court. Many times disputed cases result in a lump-sum settlement. This allows you to do your own medical treatment and move on with your life.

To speak with one of our workers compensation lawyers in Michigan, call (855) 221-2667 for a free consultation. There is no fee unless benefits are recovered for you.

Alex Berman is the founder of Michigan Workers Comp Lawyers. He’s been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.

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