You’re at work, doing your job like any other day, when suddenly everything changes. Maybe you slipped and hit your head. Perhaps something fell and struck you. Maybe you were involved in a vehicle accident while on the clock. Whatever the cause, you’re now dealing with a head injury, and you’re not sure what to do next.
Head injuries at the workplace are more common than you might think, and they’re almost always more serious than they first appear. Even if you feel “okay” right after the incident, the symptoms of a traumatic brain injury can take hours or even days to develop fully. What you do in the moments, hours, and days following your injury can make a huge difference in both your recovery and your ability to get the workers’ compensation benefits you deserve.
If you’ve suffered a head injury at work in Missouri, here’s exactly what you need to do to protect your health and your rights.
Step 1: Get Medical Attention Immediately
This is non-negotiable. Even if you think you’re fine, even if you don’t want to make a big deal out of it, you need to see a doctor right away. Head injuries are unpredictable and potentially life-threatening.
Call 911 or have someone take you to the emergency room if you experience:
- Loss of consciousness, even briefly
- Confusion or disorientation
- Severe headache
- Nausea or vomiting
- Slurred speech
- Vision problems
- Blood or fluid leaking from your ears or nose
But here’s what many people don’t realize: you should seek medical attention even if you don’t have these dramatic symptoms. A concussion or mild traumatic brain injury might only cause a slight headache or brief dizziness at first. These “minor” symptoms can be warning signs of something more serious developing.
Getting immediate medical care accomplishes two critical things. First, it protects your health by identifying injuries that might not be immediately obvious. Second, it creates a medical record that directly links your head injury to your workplace accident. This documentation becomes vital evidence when you file your workers’ compensation claim.
Step 2: Report Your Injury to Your Employer
Missouri law requires you to report a work-related injury to your employer within 30 days. But don’t wait that long. Report your head injury at the workplace as soon as possible, ideally the same day it happens.
Here’s how to do it right:
- Tell your supervisor in person: Let them know exactly what happened, when it happened, and what injuries you sustained.
- Put it in writing: Follow up with a written report or email. This creates a paper trail that protects you later.
- Be specific: Include the date, time, location, how the injury occurred, and any witnesses who saw what happened.
- Keep copies: Save copies of everything you submit for your own records.
Don’t let your employer or coworkers talk you out of reporting the injury. Comments like “it’s not that bad” or “let’s see how you feel tomorrow” might seem reasonable in the moment, but they can seriously damage your ability to file a successful workers’ comp claim later.
Your employer should then file a First Report of Injury with the Missouri Division of Workers’ Compensation. Make sure this happens. If your employer fails to report your injury, they could face penalties, but more importantly, it can delay your benefits.
Step 3: Document Everything
When you’re dealing with a head injury, the last thing you want to think about is paperwork. But thorough documentation can make or break your workers’ compensation case.
Start gathering evidence right away:
- Take photos: If possible, photograph the accident scene, any hazards that contributed to your injury, and any visible injuries.
- Get witness information: If coworkers or others saw the accident, get their names and contact information. Ask them to write down what they saw.
- Keep a symptom journal: Write down how you’re feeling each day, including headaches, dizziness, memory problems, mood changes, or any other symptoms. This becomes crucial evidence of how the injury has affected your life.
- Save all medical records: Keep copies of emergency room reports, doctor’s notes, test results, prescriptions, and bills. Organize them chronologically.
- Track your expenses: Document every cost related to your injury, including mileage to medical appointments, medications, and any out-of-pocket medical expenses.
This might seem like overkill, but insurance companies love to find gaps in documentation that they can use to deny or minimize your claim. Don’t give them that opportunity.
Step 4: Follow Your Treatment Plan
Your doctor will give you specific instructions for treating your head injury. Follow them exactly. This means:
- Attending all scheduled appointments
- Taking medications as prescribed
- Completing any recommended physical therapy or rehabilitation
- Following activity restrictions (like avoiding screens, not driving, or staying home from work)
- Reporting new or worsening symptoms immediately
Skipping appointments or ignoring your doctor’s advice doesn’t just hurt your recovery. It gives the insurance company ammunition to claim you’re not really injured or that you’re making your condition worse by not following treatment.
If you’re having trouble affording treatment or getting to appointments, don’t just skip them. Talk to your workers’ compensation attorney about your options. Under Missouri law, your employer’s insurance should cover all reasonable medical treatment related to your workplace injury.
Step 5: Understand Your Rights Under Missouri Workers’ Comp
Many workers don’t realize what they’re entitled to after suffering a head injury at work compensation. Under Missouri’s workers’ compensation system, you may be eligible for:
- Medical benefits: Coverage for all reasonable medical treatment related to your injury, including emergency care, hospital stays, surgery, medications, therapy, and ongoing care.
- Temporary total disability benefits: If you’re completely unable to work while recovering, you can receive weekly payments equal to two-thirds of your average weekly wage.
- Temporary partial disability benefits: If you can return to light-duty work but at reduced hours or pay, you may be entitled to partial wage replacement.
- Permanent partial disability benefits: If you have lasting impairments from your head injury, you may receive compensation based on the severity and nature of your disability.
- Permanent total disability benefits: In cases of severe traumatic brain injury that leaves you unable to work at all, you may qualify for ongoing disability payments.
The workers’ compensation claim process has strict deadlines and requirements. You have two years from the date of your injury to file a claim, but waiting that long can hurt your case. The sooner you file, the sooner you can start receiving the benefits you need.
Step 6: Don’t Talk to Insurance Adjusters Alone
After you report your injury, you’ll likely hear from an insurance adjuster. They might seem friendly and helpful. They might tell you they just want to get your side of the story. They might ask you to sign some paperwork or give a recorded statement.
Here’s what you need to know: insurance adjusters work for the insurance company, not for you. Their job is to minimize what the company pays out on your claim. Anything you say to them can and will be used to deny or reduce your benefits.
Common tactics include:
- Getting you to downplay your symptoms
- Twisting your words to make it seem like the injury wasn’t work-related
- Pressuring you to accept a quick, low settlement
- Asking leading questions designed to get you to say something that hurts your case
Before you give any statements, sign any documents, or agree to any settlements, talk to a lawyer. A single conversation with an insurance adjuster without proper legal guidance can destroy an otherwise solid claim.
Step 7: Contact an Experienced Workers’ Compensation Attorney
You might be wondering if you really need a lawyer for your head injury workers’ comp case. The honest answer? If you’re dealing with anything more than the most minor injury, yes, you absolutely do.
Here’s why:
- Insurance companies don’t play fair: They have teams of lawyers working to minimize payouts. You need someone on your side who knows their tactics and how to counter them.
- Head injuries are complex: Unlike a broken bone, brain injuries often involve subtle symptoms, delayed complications, and long-term effects that are hard to prove. An experienced attorney knows how to build a strong medical case.
- The stakes are too high: A mistake in the claims process can cost you tens or even hundreds of thousands of dollars in benefits you’re legally entitled to.
- You’re not in a position to fight: When you’re dealing with headaches, confusion, memory problems, and the stress of being unable to work, you can’t effectively advocate for yourself.
At Tolbert Beadle, we handle workers’ compensation cases on a contingency basis. That means you don’t pay anything upfront, and you only pay if we win your case. There’s no financial risk to getting the legal help you need.
Common Mistakes to Avoid
Even with the best intentions, injured workers often make mistakes that hurt their cases. Here are the most common ones:
Waiting too long to see a doctor: The gap between your accident and your first medical visit gives insurance companies a chance to argue your injury isn’t work-related.
Not following doctor’s orders: Missing appointments or ignoring treatment recommendations suggests you’re not really injured or that you’re not taking your recovery seriously.
Returning to work too soon: Pushing yourself to go back before you’re medically cleared can make your injury worse and complicate your claim.
Accepting the first settlement offer: Initial offers are almost always far less than what your case is worth. Once you settle, you typically can’t come back for more money later.
Posting on social media: Photos of you doing anything physical, even something simple like grocery shopping, can be taken out of context and used to argue you’re not really injured.
Not keeping records: Without proper documentation of your injury, treatment, expenses, and how the injury has affected your life, it’s nearly impossible to prove the full value of your claim.
The Reality of Head Injury Recovery
One of the most frustrating aspects of head injuries is that they’re often invisible. You might look fine on the outside while struggling with debilitating symptoms like chronic headaches, memory problems, difficulty concentrating, mood changes, or sensitivity to light and noise.
Family, friends, coworkers, and even insurance adjusters might not understand why you can’t just “push through” or “get back to normal.” But traumatic brain injuries, even mild ones, can have lasting effects that fundamentally change your ability to work and live your life.
This is exactly why proper legal representation matters. An experienced workers’ compensation attorney knows how to document these invisible injuries, work with medical experts to prove their impact, and fight for compensation that reflects the true cost of your injury.
Frequently Asked Questions
What if I didn’t report my head injury right away?
While it’s best to report immediately, you still have options. Missouri law gives you 30 days to report to your employer and two years to file a claim. However, delays can make your case more difficult. Contact an attorney right away to discuss your situation.
Can I choose my own doctor?
In Missouri workers’ comp cases, your employer’s insurance typically has the right to select your treating physician. However, if you’re not getting adequate care, an attorney can help you request a change of physician or seek an independent medical evaluation.
What if my employer says I’m not covered by workers’ comp?
Missouri requires most employers with five or more employees to carry workers’ compensation insurance (or even one employee in construction). If your employer claims you’re not covered, talk to an attorney immediately. They may be violating the law.
How long will my case take?
Every case is different. Simple claims might resolve in a few months, while complex cases involving serious head injuries can take a year or more. An attorney can give you a better timeline based on the specifics of your situation.
What if the insurance company denies my claim?
You have the right to appeal a denied claim. The appeals process involves hearings before an administrative law judge. Having legal representation significantly increases your chances of overturning the denial and getting the benefits you deserve.
Get the Help You Deserve
A work-related head injury can turn your life upside down. Medical bills pile up, paychecks stop coming, and you’re left wondering how you’ll support yourself and your family. You shouldn’t have to face this alone.
The personal injury and workers’ compensation attorneys at Tolbert Beadle have been fighting for injured Missouri workers for decades. We’ve handled thousands of workers’ comp cases and secured millions of dollars in compensation for our clients. We know the system, we know the insurance company tactics, and we know how to win.
Don’t let an insurance company take advantage of you during one of the most difficult times in your life. Contact us today for a free consultation. We’ll review your case, answer your questions, and explain exactly what we can do to help you get the compensation you deserve.
Call 1-800-887-4030 or reach out online to schedule your free consultation. We have offices in Springfield, Jefferson City, and Columbia to serve clients throughout Missouri. When you need justice, we’re here to fight for you.
