Have You Suffered a TBI or Traumatic Brain Injury As The Result Of A Minnesota Workers Compensation Injury?

In the last two years we have probably been retained to represent more injured workers with TBI or traumatic brain injuries than the first 15 years of our practice combined!  Is it because more Minnesotan's are sustaining brain injuries on the job then previous years?  Or perhaps we more litigious than in past years?  The most likely reason is that we are all more in tune of the need to seek medical care after a head trauma or loss of consciousness due to news stories, media, the internet, or personal experiences.  In addition family physicians and other health care providers are better able to understand and identify the early warning signs of TBIs.  I have practiced law for nearly 25 year and in that time scientists and doctors have learned a great deal more about brain injuries.  One thing is certain, the brain is more vulnerable to injury than anyone previously thought.

Most TBIs occur through direct impact or force to the head, resulting in damage to the brain. Fortunately every blow to the head does not always result in a TBI.  Conversely, the severity of trauma does not always determine the severity of a TBI.

TBIs range in degree from severe to mild. In the most severe cases, the injured worker actually dies.  However, most of our clients come to see us as the result of persistent problems related to their TBI.   These problems include; memory problems, headaches, mood swings, depression, fatigue, difficulty concentrating and visual problems.  Often the injured worker has a history of non work related concussions and then a single trauma to the brain due to a work injury causes the ultimate breakdown.  Numerous studies demonstrate that multiple concussions increase the risk for long-term problems and have been linked to the development of delayed brain degeneration.  Each brain injury or TBI is exponentially more damaging to the brain then the previous one. 

TBIs affects the brain in two major ways. First, actual tearing and/or bruising of brain tissue and consequential bleeding within or surrounding the brain can occur resulting in brain swelling (think of the bruise you sustain after a twisted ankle). These injuries occur in more severe forms of TBI and are typically absent in mild TBIs.  Second is injury to microscopic nerve fibers (axons), which make up the “wiring” that connects nerve cells in the brain (neurons) to each other and to the rest of the body. This microscopic injury leads to many of the persistent problems which our TBI clients experience.

If you have sustained a traumatic brain injury or TBI, the attorneys of Atkinson Law Office can assist you in obtaining the treatment and workers compensation benefits you deserve.   Our lawyers currently represent many others with similar brain injuries.  We have obtained over $1,000,000 in benefits to brain injured worker in the past year alone and Millions of dollars more in the past 5 years.  There is never a fee unless we recover benefits for you.  Contact Atkinson Law Office today.  651-333-3636 and visit our website www.mndisability.com 

Your PTSD May Be Considered A Work Related Injury In Minnesota Beginning October 1, 2013.

For years, Post Traumatic Stress Disorder (PTSD) was NOT a compensable or payable workers compensation claim in Minnesota even where all parties agreed the condition was related to a work injury.  This changed effective October 1, 2013 and in many situations your PTSD may be found to be work related.

What is PTSD?

When someone feels in danger, it’s a natural response to feel afraid. This fear triggers multiple split second changes in the body to prepare to defend against the danger or to avoid it. This “fight-or-flight” response is a healthy reaction meant to protect a person from harm. But in post-traumatic stress disorder (PTSD), the individuals reaction is changed or damaged. People who have PTSD may feel stressed or frightened even when they’re no longer in danger.

PTSD develops after a terrifying ordeal that involved physical harm or the threat of physical harm. The person who is diagnosed with PTSD may have been the one who was harmed, the harm may have happened to a loved one, or the person may have witnessed a harmful event that happened to loved ones or even strangers.


What are some symptoms of PTSD?  

According to the National Institute of Mental Health, there are three primary categories for PTSD.

1. Re-experiencing symptoms

• Flashbacks—reliving the trauma over and over, including physical symptoms like a racing heart or sweating
• Bad dreams
• Frightening thoughts.

2. Avoidance symptoms

• Staying away from places, events, or objects that are reminders of the experience
• Feeling emotionally numb
• Feeling strong guilt, depression, or worry
• Losing interest in activities that were enjoyable in the past
• Having difficulty remembering the dangerous event.

3. Hyperarousal symptoms

• Being easily startled
• Feeling tense or “on edge”
• Having trouble sleeping, and/or having angry outbursts.

If you have been diagnosed with PTSD due a work related injury OR incident, you may be entitled to 100% coverage of your medical costs, wage replacement, and vocational assistance in finding new work or paid retraining.  Since the enactment of Minn. Stat. §176.011 in 2013, our firm has represented multiple individuals relative to PTSD claims including a store worker who was robbed at gunpoint and a worker who witnessed a traumatic suicide.  The attorneys of Atkinson Law Office have over 45 years combined experience handling injury and workers compensation claims in Minnesota.  Each attorney has a minimum of over 20 years experience and are widely recognized as experts in our fields.  Experience matters!  Contact our office today for a free consultation at 651-333-3636.  We represent clients across the entire state of Minnesota.  Also visit our website at www.mndisability.com for more information.

Minnesota Workers Compensation Claims For PTSD / Post Traumatic Stress Disorders.

Post traumatic stress disorder is classified as an anxiety; the characteristic symptoms of which are not present before exposure to a violently traumatic event. Typically the individual with PTSD persistently avoids all thoughts, emotions and discussion of the stressor event and may experience amnesia for it.  However, the event is commonly relived by the individual through intrusive, recurrent recollections, flashbacks and nightmares.  The characteristic symptoms are considered acute if lasting less than three months, chronic if persisting three months or more, and with delayed onset if the symptoms first occur after six months or some years later. PTSD is distinct from the briefer than acute stress disorder and can cause clinical impairment in significant areas of functioning.

Causes

PTSD is believed to be caused by the experience of a wide range of traumatic events and, particularly if the trauma is extreme, can occur in persons with no predisposing conditions.  Persons considered at risk include combat military personnel, victims of natural disasters, and victims of violent crime.   PTSD can also be caused from those suffering work place injuries or being involved in traumatic work place incidents.  You do NOT necessarily need to sustain a physical injury in Minnesota to be found to have sustained an injury.  Individuals not infrequently experience "survivor's guilt" for remaining alive while others died. Causes of the symptoms of PTSD are the experiencing or witnessing of a stressor event involving death, serious injury or such threat to the self or others in a situation in which the individual felt intense fear, horror, or powerlessness.  Persons who are employed in occupations which expose them to violence firefighters, police officers, construction workers or disasters are also at risk.

The lawyers at Minnesota Disability and Atkinson Law Office have a combined experience of over 40 years working with injured and disabled individuals.  Both Tom and Kerry Atkinson have previously defended employers and insurers and now exclusively represent injured workers.  Our consultations are absolutely FREE.  Call today at 651-333-3636 for a free consultation.  Remember there is never a fee unless we recover benefits for you.  Also visit us at www.mndisability.com 

Minnesota Workers Compensation Mental Health Injury Benefits Expand In 2013.

A bill was signed by Gov. Dayton on May 16, 2013 that has changed the way workers' compensation claims have been handled for over three decades.  Minnesota now allows mental-mental injuries involving PTSD or post traumatic stress disorders.  This means that you do NOT need a physical injury in all cases to have a work related injury.  If your medical doctor or psychologist diagnosis's that you have suffered a work related mental health injury in the nature of PTSD, you may be entitled to wage loss benefits, free medical care, and in some cases even free retraining benefits.  

The new law however is very specific as to what is and what is not covered.  The definition of an occupational disease was revised to include mental impairment. Mental impairment is defined as post-traumatic stress disorder diagnosed by a licensed psychiatrist or psychologist.  The statute states that for the purpose of workers’ compensation, "post-traumatic stress disorder" means the condition as described in the Diagnosis and Statistical Manual of Mental Disorders. 

At Atkinson Law Office, P.A. and Minnesota Disability, we represent injured workers with Minnesota workers' compensation injuries every day.  Every year we recover millions of dollars in benefits for injured workers; including medical, wage loss, retraining assistance and monetary benefits for permanent injuries.  Though attorneys Thomas Atkinson and Kerry Atkinson will litigate your matter on your behalf, we have a team approach in assuring we stay on top of your case day in and day out.

Contact Atkinson Law Office and Minnesota Disability today at 651-333-3636 and visit our website for more information.  You can also submit your questions online by following this link.  Remember your consultation is FREE and there is never a fee until we recover benefits for you.