Hitting your head can happen so easily that you might not think it is a big deal if it happens to you. You might knock your head on a countertop, bending over to lift a box, or something heavy might fall off an overhead shelf and strike you on the forehead. You could be knocked over by moving machinery or slip on a puddle and hit your head on the floor. If you can brush yourself off and get back to work, you might not think any more of the incident.
However, it is important for you and other Californians to understand the possible complications of a head injury at work, no matter how minor it seems at first.
What Is a Workplace Concussion?
Concussions are a form of brain injury that can vary in severity and have multiple symptoms. According to the Mayo Clinic, you could get a mild to moderate concussion from something as simple as slipping and falling or hitting your head on a shelf as you are turning the corner. Regardless of how you got your head injury, concussions are nothing to laugh at. In fact, you have a higher chance of subsequent concussions from minor strikes to the head if you have had one or more head injuries in the past.
From a medical perspective, a concussion is classified as a mild traumatic brain injury (mTBI), but that doesn’t mean the effects are insignificant. Even when categorized as “mild,” a concussion can disrupt the brain’s function temporarily or permanently. The brain may undergo chemical changes and altered neural activity, sometimes leading to delayed symptoms that surface days later. Repeated concussions, especially within short timeframes, increase the risk of long-term conditions like post-concussion syndrome, cognitive decline, and mood disorders.
In workplace environments, concussions often occur due to falls, being struck by objects, vehicle-related incidents, or machinery collisions. These events can occur indoors, outdoors, or in high-risk sectors such as construction, manufacturing, warehousing, and logistics.
Recognizing Symptoms and the Importance of Timely Evaluation
Workers may feel compelled to “shake it off” and return to their duties. But even minor head trauma warrants attention. If you’ve suffered a concussion at work, symptoms may appear immediately or develop gradually over hours or even days. These symptoms may include persistent headaches, dizziness, nausea, difficulty concentrating, sensitivity to light or noise, irritability, fatigue, memory issues, or blurred vision.
Some workers report “feeling off” or having trouble following instructions, recalling tasks, or staying focused. These subtle signs often go unreported, but they may indicate significant brain impairment.
It’s essential to understand that symptom severity and duration vary from individual to individual. A concussion may resolve in 7–10 days for some, while others may take several weeks or even months to return to full cognitive function. Workers with a prior head injury, preexisting neurological conditions, or older age may experience slower recovery and intensified symptoms.
Legal Obligations: Workers’ Compensation Rights and Responsibilities
Workers’ compensation should cover your expenses to see a doctor and get treatment for a concussion. It is essential to see your doctor as soon as possible after hitting your head, especially if you lost consciousness for any length of time, are experiencing dizziness, confusion, nausea, or have a headache that lasts longer than a few days. You will most likely be told to rest for a few days and avoid strenuous physical and mental activity while your brain recovers.
In California, employers are required by law to provide workers’ compensation coverage for employees who are injured on the job, including those with head injuries. However, reporting the incident properly and promptly is crucial. You must notify your employer within 30 days of the injury, ideally, the same day. Your employer is then obligated to give you a DWC-1 Claim Form, which initiates the formal claim process.
Once the form is filed, you should receive medical treatment from a physician within your employer’s Medical Provider Network (MPN). If your employer fails to provide the form or delays treatment, they may violate state regulations.
Should your case involve disputes about the nature or severity of your concussion, or if your claim is denied, you may be evaluated by a Qualified Medical Evaluator (QME), a state-appointed doctor who assesses your condition independently.
Medical Documentation and Diagnostic Tools
Proper medical documentation is not just important for your health; it is central to your legal rights. Your treating physician may recommend imaging tests such as a CT scan or MRI to rule out brain bleeding, swelling, or skull fractures. Neurologists and neuropsychologists may also conduct cognitive function tests to monitor memory, attention, and problem-solving capabilities.
Workers suffering from lingering symptoms beyond 30 days may be diagnosed with post-concussion syndrome, which often requires long-term treatment, job modifications, or even permanent work restrictions. Your doctor must document all findings clearly, as this directly affects eligibility for temporary disability, permanent disability, and future medical care under California workers’ compensation law.
Return-to-Work Protocol and Work Restrictions
The road to recovery from a concussion involves more than just rest—it requires clear medical clearance before returning to work. Most employees are advised to take cognitive rest, avoid screen exposure, limit physical strain, and gradually increase activity as symptoms improve. Returning to normal duties too early may aggravate symptoms or lead to re-injury, especially in fast-paced or hazardous job environments.
In California, your employer may be required to provide temporary modified duties or allow you to work under medical restrictions. Examples may include reduced hours, avoiding loud environments, or eliminating tasks that require climbing or lifting.
If you disagree with your physician’s return-to-work recommendation, you have the right to seek a second opinion or initiate an Independent Medical Review (IMR) or QME evaluation under California workers’ comp law.
Denied Claims, Appeals, and Legal Representation
If your workers’ compensation claim is denied, you’re not alone. Insurance companies may deny benefits by arguing:
- The injury wasn’t reported in time
- You failed to seek medical treatment
- The symptoms aren’t “objectively verifiable”
- The concussion wasn’t job-related
In such cases, you can file an appeal through the Workers’ Compensation Appeals Board (WCAB). The appeals process involves timelines, documentation, and often medical-legal evaluations by independent professionals.
Without legal assistance, navigating this process can be overwhelming—especially while recovering from a head injury. That’s where an experienced law firm like Hussain & Gutierrez can help.
Long-Term Effects and Permanent Disability Ratings
For some workers, concussion symptoms may become chronic, affecting their ability to concentrate, sleep, communicate, or manage emotional responses. This may lead to a Permanent Disability Rating (PDR) from your treating doctor or QME. This rating determines if you are entitled to ongoing benefits or even a lump-sum settlement for permanent loss of function.
If a TBI affects your earning capacity, cognitive skills, or employability in the future, you may qualify for Supplemental Job Displacement Benefits (SJDB) or vocational retraining.
Frequently Asked Questions
What if I didn’t report my head injury right away?
You may still be eligible for benefits, but delayed reporting increases the risk of your claim being denied. Always report workplace injuries as soon as they occur and maintain accurate records.
Can I return to work if I still have symptoms?
No. Returning too early can worsen your condition. Your doctor must medically clear you, and employers should provide reasonable accommodations.
What happens if my claim is denied?
You can appeal the denial through the WCAB. This process may involve filing legal documents, undergoing QME evaluations, and attending formal hearings.
Do I need a lawyer for a concussion claim?
Not always—but if your claim is delayed, denied, or minimized, a workers’ compensation attorney can protect your rights, ensure proper treatment, and pursue all benefits.
How do I prove my concussion if imaging tests are normal?
Many concussions don’t show up on CT scans. Neurocognitive testing and symptom documentation by a licensed physician are valid medical evidence.
What are the long-term symptoms of a concussion?
They may include memory loss, irritability, fatigue, sleep disturbances, depression, and impaired cognitive ability—lasting weeks or months.
Talk to a Workers’ Comp Attorney Who Understands Head Injuries
Suffering a concussion at work is not something to take lightly. The consequences can extend far beyond the initial pain, affecting your health, career, and future.
At Hussain & Gutierrez, we’ve helped countless workers recover physically and financially after suffering head trauma on the job. Whether your claim has been denied, delayed, or you simply don’t know where to start—we’re here for you.
Call today to schedule your consultation and protect your rights.
