Common Workers Comp Physical Injuries

Common Injuries

Brain Injuries and Traumatic Brain Injuries (TBIs) in Louisiana Workers Compensation

Unfortunately, brain injuries occur fairly frequently in Louisiana workers compensation claims, especially in automobile accidents and work-place falls.

Though many of these brain injuries can be minor concussion-type injuries, some brain injuries are often debilitating. Brain injuries can occur in people of all ages and sizes.

Traumatic brain injuries – otherwise know as TBIs – are injuries to the brain caused by an external force. TBIs occur when an employee’s head is suddenly jolted or struck and can result in serious brain damage. 

Sadly, these traumatic brain injuries (TBIs) can have lifelong effects that require lifelong monitoring and treatment.

Nonetheless, brain injuries and TBIs can be sustained without being diagnosed. The injury may not even show up on an MRI, and the only real way to diagnose it is to monitor the employee and look for warning signs.

Symptoms of brain injuries and TBIs may become apparent immediately or may develop over a period of days or weeks.  Often, the worst effects do not arrive until much later after the accident.

SYMPTOMS OF TRAUMATIC BRAIN INJURIES

Symptoms of traumatic brain injuries (TBIs) include, but are not limited to, the following:

• Abnormal eye movements
• Balance or coordination problems
• Clear fluids draining from the nose or ears
• Confusion
• Convulsions or seizures
• Depression or anxiousness
• Dilation of one or both pupils of the eyes
• Dizziness or loss of balance
• Fatigue or drowsiness
• Headaches that get worse or do not go away
• Inability to sleep
• Inability to awaken from sleep
• Lightheadedness
• Loss of consciousness
• Memory loss
• Mood changes or mood swings
• Nausea
• Repeated vomiting or nausea
• Ringing in the ears
• Seizures
• Sensitivity to light or sound
• Slurred speech
• Spinning Sensations
• Vomiting
• Weakness or numbness in the arms and legs

TYPES OF TRAUMATIC BRAIN INJURIES

Traumatic brain injuries (TBIs) are either defined as open or closed. Open traumatic brain injuries (TBIs) are also referred to as penetrating brain injuries.

An open (penetrating) head injury is one in which something breaks the scalp and skull and enters the brain. Thus, the skull becomes fractured or penetrated, and bits of bone, debris, or shrapnel can become embedded in the brain tissue, causing further damage.

A closed brain injury is any injury that doesn’t break the skull. Unfortunately, closed brain injuries can be much more deadly, since the brain absorbs most of the impact due to the fact that the skull is not fractured. These brain injuries can easily result in bruising and tearing of brain tissue and blood vessels.

Also, closed brain injuries put the employee at a much higher risk for swelling and bleeding on the brain, which can result in blood clots, coma, and death.

THE SEVERITY OF TRAUMATIC BRAIN INJURIES

Traumatic brain injuries (TBIs) are evaluated by doctors based on the severity of the damage and symptoms the injured worker displays.

Traumatic brain injuries (TBIs) are evaluated by severity as:

• Mild;
• Moderate; or
• Severe.

This classification of traumatic brain injuries (TBIs) is based on what’s known as the Glasgow Coma Scale (GCS), which is a testing scale that assesses motor, verbal, and eye-opening responses.

The Glasgow Coma Scale runs from 3 to 15, where 3 is assigned to someone who is dead or comatose, and 15 is normal. Someone with a mild traumatic brain injury generally has a GCS of 13–15.

Typically, the severity of a traumatic brain injury is based on:

1. The results of a positive computed tomography scan (CT scan or CAT scan) showing brain bleeding, bruising, or swelling;
2. The length of the loss or alteration of consciousness;
3. The length of memory loss; and
4. The level of responsiveness of an injured individual following the injury.

Mild traumatic brain injuries (mTBIs) are also known as concussions, and typically are more challenging to identify than severe TBIs, because there may not be observable head injury, even on a CT scan.

Often, symptoms of mild traumatic brain injuries (mTBIs) are similar to symptoms from problems that occur following combat trauma, such as posttraumatic stress disorder (PTSD).

Moderate or severe traumatic brain injuries can disable an individual for life or could resolve eventually without any permanent side effects.

But if a traumatic brain injury is diagnosed as severe, it is likely that the injured individual will experience long term side effects, including the possibility of diseases like Alzheimer’s or Parkinson’s.

NECK AND BACK INJURIES IN LOUISIANA WORKERS COMPENSATION

Neck and back injuries are very common work-place injuries in Louisiana.

These injuries will often limit an injured worker’s ability to lift, twist, carry, or even sit or stand without extreme pain. For this reason, neck and back injuries frequently prevent injured employees from being able to perform their job.

If an employee even thinks that he or she has injured his or her neck or back, the injured employee should immediately report the injury to the employee or supervisor and should seek immediate medical attention.

SYMPTOMS OF NECK AND BACK INJURIES

Symptoms of a neck or back injury include, but are not limited to:

• Difficulty breathing or coughing
• Difficulty walking, bending, twisting, or standing straight
• Difficulty with balance
• Extreme back pain or pressure
• Impaired breathing
• Incoordination in any part of the body
• Involuntary muscle contractions
• Limited range of motion
• Loss of bladder or bowel control
• Loss of movement
• Loss of sensation in hands, fingers, feet or toes
• Loss of sexual function
• Muscle cramping
• Muscle spasms
• Numbness in hands, fingers, feet or toes
• Pain or discomfort that increases with movement
• Pain or discomfort without movement
• Paralysis in any part of the body
• Stinging sensations
• Tingling in hands, fingers, feet or toes
• Weakness in any part of the body

However, neck and back injuries can be elusive, and often go undetected.

In fact, in many cases, these injuries don’t appear until days or weeks after the accident.  This is often because following an accident, the body releases adrenaline and endorphins which can limit a person’s ability to detect pain after an injury.

TYPES OF NECK AND BACK INJURIES

Types of neck and back injuries include, but are not limited to, the following:

• Cervical dislocations
• Chronic pain
• Fractures
• Herniated discs
• Nerve impingement
• Soft tissue injuries
• Spinal cord injuries
• Sprains
• Stingers and burners
• Strains
• Whiplash

However, injuries to the neck and back often do not occur in isolation. That is, if one part of the neck or back is injured, typically, another part of the neck or back can likely be injured as well.

This is because all the parts of the neck and back are connected. Bones, joints, tendons, muscles, ligaments, cartilage, soft tissue, and nerves in the neck and spine all work together. For example, whiplash may result in a muscle strain, ligament sprain, and a disc injury.

Fortunately, neck injuries mainly affect soft tissue (muscles, tendons, ligaments, fascia, etc.). However, other injuries involving the bones, joints, and discs will, unfortunately, also affect this soft tissue to some extent.

TREATMENT FOR NECK AND BACK INJURIES

As noted above, if an employee even thinks that he or she has injured his or her neck or back, the injured employee should immediately report the injury to the employee or supervisor and should seek immediate medical attention at the first sign of symptoms. In fact, neglecting a back injury can result in worse or prolonged pain and suffering.

Sometimes, a medical evaluation may just include a patient’s medical history and symptoms in order to make a diagnosis.

However, it is usually in the injured worker’s best interest to have specific specialized tests performed, including X-rays and an MRI, in order to provide a completely accurate diagnosis. This is because problems involving herniated and dislodged disks, nerve impingement, or any spinal cord injury are often extremely challenging to diagnose.

X-rays and MRIs are especially helpful in diagnosing more serious back injuries, such as a herniated disk or a spinal cord injury.

In addition to providing a proper medical diagnosis, which will be used to develop the best treatment plan for the injured employee, a medical visit should provide proper, complete, and accurate documentation, which will assist the employee with his or her workers compensation claim.

For these reasons, it is absolutely critical that an injured worker choose the right doctor. The best way to select the right doctor is to take the advice of a qualified Louisiana workers compensation attorney on selecting the doctor that is best both for the medical side of things, and the legal/claim side of things.

Remember, this same physician will be the deciding individual when it comes to whether the employee is injured, to what degree the employee is injured, and whether the employee can return to work. So again, it is extremely important for the injured worker to select the correct doctor for his or her treatment and workers compensation claim.

Nonetheless, some neck and back injuries can be treated effectively with a few doctor visits, medication, and possibly physical therapy or rehabilitation. However, other neck and back injuries ultimately require neck or back surgery, and some cause permanent disability.

SHOULDER, HIP AND KNEE INJURIES IN LOUISIANA WORKERS COMPENSATION

Injuries to the shoulders, hips, and knees occur very frequently in Louisiana workers compensation claims, especially with workers who lift and carry materials, drive and operate equipment, and perform other strenuous physical activities.

Types of shoulder, hip, and knee injuries include, but are not limited to, the following:

• Dislocations
• Fractures or breaks of bones
• Sprains
• Strains
• Torn knee ligaments (ACL or MCL)
• Torn meniscus
• Torn rotator cuffs

Also, workers compensation insurance companies very often claim that injuries to the shoulders, hips, and knees are pre-existing conditions.

However, pre-existing conditions or disease or infirmity of an employee do not prevent a workers compensation claim if the work-related injury aggravated, accelerated, or combined with the disease or infirmity to produce the disability for which compensation is claimed.

When an employee proves that before the accident he or she had not shown any disabling symptoms, but that beginning with the accident the disabling symptoms appeared, and there is either medical or circumstantial evidence indicating a reasonable possibility of a causal connection between the accident and the disabling condition, then the employee’s work injury is presumed to have been aggravated, accelerated, or combined with his or her pre-existing disease or infirmity to produce the disability.

So again, it does not matter for an employee’s workers compensation claim whether he or she had a pre-existing condition, so long as the accident aggravated the condition.

And also, in workers compensation cases, a disability is presumed to be the result of a work-related accident if, before the accident, the injured person was in good health, but beginning with the accident, the symptoms of the disability appear and continue.

Car, Truck and Automobile Accidents in Louisiana Workers Compensation

Frequently, employees in Louisiana are injured in car, truck, and automobile accident while on the job.  Examples of such employees include:

• Commercial vehicle drivers;
• Construction workers; 
• Delivery van drivers;
• Drivers and work-related passengers;
• Freight truck drivers;
• First Responders
• Landscapers;
• Sales personnel;
• Sanitation workers; and
• Truck drivers.

Typically, these injured employees will be covered by Louisiana workers compensation when they are injured on the road.

Accidents While Traveling to And from Work

Unfortunately, accidents that happen going to or from work from home (or commuting) generally are not covered by Louisiana workers compensation.  

This general rule – sometimes called the “coming and going rule” – is so well accepted that in order for the employee to succeed in his or her case, the employee must show that he or she falls under an exception to this rule.

But there are certainly exceptions to the “coming and going rule.”  These exceptions include the following circumstances:

1. If the employer pays the employee for travel time, provides a company car, or reimburses the employee for travel costs.
2. If the employee is injured traveling from one work site to the next.
3. If the employee is injured traveling (even from home) with some duty, which he must perform for the employer en route.
4. If the accident happens on the employer’s premises.
5. If the operation of a motor vehicle is one of the employment duties of the employee.
6. If the employee was injured at a dangerous place adjacent to his employer’s location (also known as the threshold doctrine).

So again, an injured employee will be covered by workers compensation if the employee is injured in an accident while commuting to work if the transportation is provided by the employer.

Also, if the employer is paying the travel expenses, then the employee is covered by workers compensation.

Even if the employer simply intended to reimburse the employee for his travel or to provide gasoline, the employee is still covered by workers compensation.

TRAVEL ACCIDENTS BETWEEN PLACES OF WORK OR WHILE PERFORMING JOB DUTIES

An injured employee will be covered by workers compensation if the employee is injured in an accident while following orders or performing the employee’s duties, even if the accident occurred away from the employer’s premises.  This includes accidents when the employee is traveling between places of work.

In fact, it does not matter if the work being done at the time of accident was not within the scope of the employee’s job, so long as it was being performed pursuant to the orders of the employer (or the employer’s re[presentative).

So if a supervisor at work instructs an employee to do something, and the employee is injured doing it, then the employee is covered by Louisiana workers compensation.

AN EMPLOYEE INJURED IN A WORK-RELATED AUTOMOBILE ACCIDENT MAY ALSO HAVE A PERSONAL INJURY CLAIM

As noted above, an employee injured in a work-related automobile accident will be covered by workers compensation in Louisiana.

So, if an employee is injured in a work-related car accident, workers compensation will be the primary source of insurance for medical and wage-loss benefits.

However, the injured employee may also have a separate personal injury claim against a third party (another driver) for additional compensation.

Most importantly, the injured employee may be able to recover money for pain and suffering from the other driver, in addition to the workers compensation benefits from the worker’s employer.

It does not matter who is at fault in order to recover the workers compensation benefits, but in order for the injured employee to recover pain and suffering money from the other driver, then the injured employee must prove that the other driver was at fault.

CATASTROPHIC WORK-RELATED INJURIES IN LOUISIANA WORKERS COMPENSATION

Catastrophic injuries result in lifetime consequences.

Catastrophic injuries can drastically impact the quality of life of an injured employee, and perhaps even shorten his or her life.

However, if an employee is injured in a catastrophic work-related accident, then the injured employee may be entitled to receive lifetime benefits.

Common work-related catastrophic injuries at the workplace include, but are not limited to, the following:

• • • Amputations
    • Brain injuries
    • Burn injuries
    • Permanent scarring
    • Internal organ injuries
    • Loss of hearing
    • Loss of limbs
    • Loss of vision
    • Neurological disorders
    • Severe or multiple fractures
    • Spine, neck and back injuries
    • Paralysis
    • Traumatic brain injuries

ONE TIME LUMP SUM PAYMENTS FOR CATASTROPHIC INJURIES IN LOUISIANA WORKERS COMPENSATION

For certain catastrophic injuries, the injured worker is entitled to a lump-sum payment of $50,000.00. 

The following catastrophic injuries qualify for this payment:

• • • Paraplegia or quadriplegia;
    • The total anatomical loss of both hands, or both arms, or both feet, or both legs, or both eyes, or one hand and one foot, or any two thereof; and
    • Third-degree burns of forty percent or more of the total body surface.

This payment – which is due within one year of the accident – is not subject to any credit or reduction due to other workers compensation benefits paid to the injured employee.

CONSTRUCTION ACCIDENTS IN LOUISIANA WORKERS COMPENSATION

Work-related construction accidents are very common in and around New Orleans and throughout Louisiana.

Unfortunately, not only are these work-related construction accidents common, but they can produce devastating injuries due to heavy machinery and equipment, and potential safety hazards involved at construction sites, as well as the physically demanding and dangerous work itself.

Plus the strict deadlines, a large number of workers, and complex machinery and equipment all often cause accidents and lapses in safety procedures and protocol.

For these reasons, the construction industry has a far higher rate of accidents and injuries per worker than other industries. 

Common injuries at construction sites include, but are not limited to, the following:

• • • Amputations
    • Back injuries
    • Brain injuries
    • Broken bones
    • Burns
    • Crush injuries
    • Electrocutions
    • Eye injuries
    • Head injuries
    • Joint injuries
    • Knee and ankle injuries
    • Lacerations
    • Neck injuries
    • Repetitive motion injuries
    • Spinal cord injuries

Common accidents at construction sites include, but are not limited to, the following:

• • • Electric shocks and electrocutions
    • Exposure to harmful substances or environments including toxic chemicals
    • Falls, slips, and trips
    • Ladder accidents
    • Overexertion injuries
    • Physical contact with dangerous equipment or object
    • Scaffolding injuries
    • Transportation-related accidents
    • Violence on the worksite

THE FATAL FOUR CONSTRUCTION ACCIDENTS

The construction industry can be so dangerous that the Occupational Safety and Health Administration (OSHA) has coined the term “The Fatal Four” to describe the four leading causes of death for construction workers.

These fatal four construction accidents are responsible for more than half of construction worker deaths:

• • • Falls
    • Electrocutions
    • Struck by object
    • Caught-in/between

Caught-in/between refers to incidents where construction workers have been killed when caught-in or compressed by equipment or objects, and struck, caught or crushed in collapsing structure, equipment, or materials.

SAFETY VIOLATIONS AT CONSTRUCTION SITES IN LOUISIANA

Injuries and deaths occur despite written safety manuals, safety inspections, safety checklists, and weekly safety meetings.

In fact, inadequate safety equipment – such as harnesses, hard hats, and eye protection – can actually be the cause of accidents at construction sites.

The following were the top ten most frequently cited safety-related standards by the Occupational Safety and Health Administration (OSHA) in the fiscal year 2017:

• • 1. Fall protection, construction
    2. Hazard communication standard, general industry
    3. Scaffolding, general requirements, construction
    4. Respiratory protection, general industry
    5. Control of hazardous energy (lockout/tagout), general industry
    6. Ladders, construction
    7. Powered industrial trucks, general industry
    8. Machinery and Machine Guarding, general requirements
    9. Fall Protection–Training Requirements 
    10. Electrical, wiring methods, components and equipment, general industry

The dangerous nature of construction work and construction sites leaves workers exposed to serious and life-changing injuries.

For this reason, safety regulations that can prevent catastrophic injuries must be fully and properly enforced.

Importantly, under Louisiana law, if a worker has been injured due to a violation of state or federal safety regulations, then the employer can be liable for damages; this is an exception to the general rule that employees cannot sue their employers directly for their injuries (outside of workers compensation benefits). 

AN INJURED CONSTRUCTION WORKER MAY BE ENTITLED TO ADDITIONAL MONEY ON TOP OF WORKERS COMPENSATION BENEFITS

Generally, an injured worker cannot sue his or her own employer for any benefits – such as pain and suffering – besides the standard workers compensation benefits under the Louisiana Workers Compensation Act.

However, if the injured worker can successfully show that a third party was negligent in causing some (or all) of the worker’s injuries, then that third party can be held liable, and the injured worker can receive money from this third party – such as pain and suffering money – in addition to the standard workers compensation benefits from the employer’s workers compensation insurer.

The term “third-party” refers to any individual or business entity that is not the employer (or the employer’s workers compensation insurer) or the employee.

Some potential third parties may be the property owners, general contractors, subcontractors, construction managers, other workers, design engineers, inspectors, equipment manufacturers, and other related or involved individuals or businesses.

Additionally, as noted above, under Louisiana law, if a worker has been injured due to a violation of state or federal safety regulations, then the employer can be liable for damages; this is an exception to the general rule that employees cannot sue their employers directly for their injuries (outside of workers compensation). 

LIFTING, PUSHING AND PULLING ACCIDENTS IN LOUISIANA WORKERS COMPENSATION

Lifting, pushing, and pulling injuries and accidents are very common in Louisiana workers compensation.

Though lifting, pushing, and pulling injuries and accidents can occur in almost every type of occupation, these injuries are most common in the following professions:

• • • Construction workers
    • Daycare and childcare workers
    • Freight, stock, and material movers
    • Healthcare professionals
    • Hospitality industry workers
    • Laborers
    • Nurses and nursing assistants
    • Plant workers
    • Refinery workers
    • Restaurant workers
    • Trailer-truck and heavy truck drivers
    • Warehouse employees

Common injuries from lifting, pushing, and pulling accidents include, but are not limited to, the following:

• • • Back sprains and strains
    • Herniated and bulging disks
    • Leg strains
    • Ligament or tendon tears and strains
    • Muscle tearing
    • Neck sprains and strains
    • Nerve damage
    • Pulled muscles
    • Repetitive motion injuries
    • Rotator cuff tears
    • Shoulder impingement syndrome
    • Shoulder sprains and strains
    • Spinal cord strain
    • Tendinitis
    • Tendinosis

If an employee even thinks that he or she has been injured in a lifting, pushing, or pulling accident, the injured employee should immediately report the injury to the employee or supervisor and should seek immediate medical attention.

This is important because, in some cases, these injuries don’t appear until days or weeks after the accident.

REPETITIVE USE (OR OVERUSE) INJURIES IN LOUISIANA WORKERS COMPENSATION

Work-related injuries often occur in a single quick event – such as a fall, a vehicle accident, or an explosion.

However, many work-related injuries develop over time from the cumulative effect of repetitive movements or postures on the job. Such activities including tying at a keyboard, working on a factory assembly line, or hammering nails.

Even though the workers compensation insurance companies regularly try to deny them, these repetitive use injuries (injuries that develop over time from the cumulative effect of repetitive movements or postures on the job) are covered by Louisiana workers compensation.

The injured employee simply needs to be able to show that his or her work duties were to blame for the repetitive use injuries (also known as repetitive stress injuries).

The most common example of a repetitive use injury is carpal tunnel syndrome, which is a well-documented medical condition in which inflammation and pressure cause severe pain and weakness in a worker’s hands and wrists.

But there are many other examples of repetitive use injuries, such as debilitating back and knee conditions that finally become too much for the worker to endure.

WHO IS AT RISK FOR REPETITIVE USE INJURIES?

Though repetitive use injuries can occur in almost every type of occupation, these injuries are most common in the following professions:

• • • Agricultural and meat processing workers
    • Assembly line workers
    • Bus drivers
    • Data entry workers
    • Delivery workers
    • Drivers
    • Factory workers who use the same tools all-day
    • Fire-fighters
    • Grocery and stock clerks
    • Janitors and housekeeping cleaners
    • Nurses and health care aides
    • Office workers who spend all day typing on computer keyboards
    • Packaging workers
    • Plumbers and pipe-fitters
    • Postal Workers
    • Seamstresses
    • Shelf stackers
    • Welders