Workplace Concussion Claims in Arvada, Denver, and Aurora: Why Brain Injury Symptoms Are Often Challenged by Insurers
If you have been injured on the job, you are entitled to workers’ compensation benefits. The experienced Arvada workers’ compensation attorneys at The Frickey Law Firm can provide you with tactical legal support. We get results and have been helping Colorado’s injured for over 60 years.
Insurance companies often question concussion and head injuries, and they may even deny your claim. They tend to challenge injuries where there is no so-called “objective medical evidence.” The good news is that the insurance company does not get the final say, and there are things that you can do to strengthen your claim and fight back against the insurance companies bogus claims.
Do not leave anything to chance with your workers’ compensation claim. Speak to the workers’ compensation attorneys in Denver at The Frickey Law Firm by calling 303-237-7373 to learn how we can help you. The call is free!
Concussion Diagnoses Are Often Based on What You Are Reporting
Unlike other types of brain injuries, a concussion will not show up on a scan or X-ray. The way that a concussion is diagnosed is based on your responses to an evaluation that is conducted by a doctor. In other words, a concussion diagnosis is based on what you report to your doctor as your symptoms, as well as other neurological examinations. However, a concussion can leave you with lasting symptoms that can affect your ability to work.
Workers’ compensation and insurance companies are for-profit businesses that often consider their bottom line first and foremost. Insurance companies can take a very stringent approach to claims because granting them means that they have an open-ended obligation to pay both your medical expenses and lost wages and settlement. Accordingly, an insurance company may latch onto any reason that they can find to challenge your injuries and deny your claim. Dont be pushed around by the insurance company, lawyer up!
Reasons Why The Insurance Company May Be Skeptical of Your Concussion
Insurance companies may deny or challenge a concussion claim for the following reasons:
- Lack of Objective Medical Evidence: There is no visible injury, and the symptoms that you are reporting are subjective in nature.
- Pre-Existing Condition: A denial may be based on the fact that you have a prior history of headaches, and your symptoms are related to your medical condition as opposed to a concussion that you sustained at work.
- Not Job-Related: Your injury occurred outside of the scope of your employment.
- Lack of Timely Reporting: Colorado law requires that you report your injury to your employer within 10 days of it occurring. It may take time for you to realize that you have suffered a concussion, so there may be disputes about whether you reported the injury in time.
- Minor Incident: The insurance company may claim that the incident that injured you was ”just a bump” and not enough to cause a concussion, even though that is how brain injuries often happen.
- Surveillance: Insurance companies will sometimes conduct surveillance of claimants, and they may allege that they have evidence that your lifestyle and level of activity is inconsistent with the injuries that you are claiming.
- Further investigation: They love this one, its totally bogus, and just a poly to hope that you just go away so they never have to pay you benefits or a settlement.
How to Strengthen Your Workers’ Compensation Claim for a Concussion
Although it is sometimes unavoidable for the insurance company to question your concussion-based workers’ compensation claim, there are steps that you can take that can strengthen your legal case. There are two things that you can do to put yourself in a more favorable legal position:
- Report your injury to your employer as soon as you notice any symptoms of a concussion. You want to be as proactive as possible and file a report even if you think that there is a chance that you were hurt, so nobody can claim that you did not provide timely notice.
- Seek medical help from a doctor immediately from the list that was provided to you by your employer. Not only is this evidence that you have suffered an injury, but it can also prevent claims that your injury arose in another way.
Of course, if the insurance company has wrongfully denied your claim, your workers’ compensation lawyer can file an appeal on your behalf. An administrative law judge will have the final say about whether you have an entitlement to workers’ compensation benefits, and not the insurance company.
Reach Out To A Colorado Workers’ Compensation Law Firm To Help You
The workers’ compensation system can be one that is difficult to navigate, especially when you are dealing with an injury that the insurance company may view as subjective. Therefore, it is in your interest to get legal help from an experienced Aurora workers’ compensation lawyer at The Frickey Law Firm. You can schedule a free initial consultation by visiting our website or by calling us today at 303-237-7373.
Adam M. McClure was recently selected for membership in “The National Trial Lawyers: Top 40 Under 40” organization, making him one of only 40 Colorado lawyers to be awarded this honor. Mr. McClure is an exceptional litigator. He has been a key member of The Frickey Law Firm since 2003. Learn more here.