Not every work injury symptom will show up right away. It’s actually very common for symptoms to show up days, weeks, or months later. This is even more true for brain and head injuries. Concussions or traumatic brain injuries can manifest symptoms much later, and may not be as noticeable at first while recovering from more acute injuries. The workers’ compensation system is designed to handle this, but your employer may try to deny coverage for these delayed symptoms to reduce costs.
At Ratto Law Firm, P.C., our California workers’ compensation attorneys help you seek compensation for all of your symptoms, even if they’re delayed.
Why Brain and Head Injury Symptoms Are Often Delayed
Not every injury will show up right away. Many workers are dealing with more obvious symptoms or are just in shock. Your head or brain injury might also make it difficult to think straight and notice all of your symptoms. Some just develop over time.
Common reasons symptoms appear later include:
- Adrenaline masking pain after an accident.
- Swelling or bleeding in the brain that develops gradually.
- Diffuse axonal injury, where microscopic damage to brain cells worsens over time.
- Delayed cognitive effects, such as memory or concentration problems.
- Shock or confusion that makes it hard to recognize symptoms initially.
Common Delayed Symptoms Workers Experience
Symptoms that are commonly delayed include:
- Persistent headaches
- Pressure in the head
- Dizziness
- Balance problems
- Nausea
- Vomiting
- Sensitivity to light
- Intolerance to noise
- Difficulty concentrating
- Memory problems
- Fatigue
- Sleep disturbances
- Mood changes
- Irritability
- Anxiety
- Post-traumatic stress
- Blurred vision
- Ringing in the ears
- Slowed thinking or confusion
Even mild symptoms can indicate a serious underlying injury. California workers’ compensation law does not require symptoms to appear immediately for the injury to be covered.
California Workers’ Compensation Covers Delayed Brain Injury Symptoms
California’s workers’ compensation system is no-fault, meaning you do not have to prove your employer did anything wrong. You only need to show that the injury arose out of and occurred in the course of employment.
This includes:
- Injuries with delayed onset
- Injuries that worsen over time
- Injuries that were not obvious at the moment of the accident
As long as the workplace incident caused or contributed to the head injury, you are entitled to medical treatment and wage-replacement benefits.
Why Delayed Reporting Can Complicate a Claim
While delayed symptoms are medically normal, delayed reporting can create challenges. Insurance companies often argue:
- The injury happened outside of work
- The symptoms are unrelated to the workplace incident
- The worker is exaggerating or misinterpreting symptoms
- The delay shows the injury is not serious
These arguments are common, especially with concussions and mTBIs, because they are invisible injuries that don’t always show up on standard imaging tests.
How California Evaluates Brain Injuries in Workers’ Compensation
Brain injuries often require specialized evaluation. In California, this may include:
- Neurological exams
- Cognitive testing
- Neuropsychological evaluations
- MRI or CT scans (though many concussions do not show on imaging)
- Specialist referrals
If the insurance company disputes your injury, you may be sent to a Qualified Medical Evaluator (QME). QMEs play a major role in determining whether your symptoms are work-related and what benefits you receive.
Benefits Available for Work-Related Brain and Head Injuries
Even with delayed symptoms, injured workers may qualify for:
- Medical treatment for all necessary care
- Temporary disability benefits if you cannot work during recovery
- Permanent disability benefits if symptoms persist
- Job displacement benefits if you cannot return to your old job
- Death benefits for dependents in fatal cases
Your level of fault does not reduce these benefits.
Don’t Let an Employer Deny Your Brain and Head Injury Symptoms: Contact a California Workers’ Comp Attorney Right Away
Delayed symptoms are just as real and relevant as your immediate symptoms. You deserve coverage for them when they’re caused by a work injury.
Our team at Ratto Law Firm, P.C. provides you with the advice and representation you need. Contact us today for a consultation.