Workers who experience head injuries on the job may not always show immediate symptoms. Traumatic brain injuries (TBIs) can have delayed effects. Understanding this delay is important, as it creates unique challenges when pursuing workers’ compensation.
Difficulty in recognizing symptoms
One major challenge is recognizing TBI symptoms that occur long after the initial injury. Workers may feel fine right after an accident, only to experience headaches, dizziness, memory loss, and/or mood changes days or weeks later. Because these symptoms appear gradually, workers might not realize that their condition stems from a workplace incident. This delay complicates the process of filing a claim.
Linking the injury to work
Another challenge is proving that the TBI resulted from a workplace accident. When symptoms appear much later, employers and insurers might argue that other factors caused the condition. Workers may need to gather detailed medical records and seek expert testimony to prove this connection, especially if they did not receive immediate treatment after the accident.
Navigating the claims process
In Wisconsin, workers have two years from the date of the injury to file a workers’ compensation claim. If symptoms are delayed and the worker is unaware of the injury’s seriousness, the deadline can be extended to 12 years from the date of the injury.
Filing a claim for a delayed TBI can be complex, as proving the connection to the workplace accident becomes more challenging over time. Workers may face skepticism from employers or insurers who question the validity of claims due to the delayed onset of symptoms.
Finding the path forward
Addressing the unique difficulties of delayed TBIs requires persistence and a clear strategy. By staying informed and seeking appropriate guidance from a qualified applicant/employee workers’ compensation attorney versed in handling such TBI cases, workers can better navigate the complexities of the workers’ compensation claim process and work toward securing the compensation they need.