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Pascagoula Brain Injury Workers Compensation Lawyer: Who Else Wants To Know If A Normal CT Scan Really Means Your Head Injury Is Fine
Discover the trick a Pascagoula Brain Injury Workers Compensation Lawyer sees played on injured workers over and over. A Pascagoula brain injury workers comp lawyer has seen the same trick play out enough times to know it by heart. The CT scan comes back clean, the emergency room releases the worker the same afternoon, and the insurance company treats “normal scan” as the end of the conversation. It is not the end. It is usually where the real fight starts.
There is a single fact the adjuster expects you to miss. A concussion, a mild traumatic brain injury, routinely produces a completely normal CT scan even when the worker’s memory, concentration, and mood have genuinely changed. CT technology is built to catch bleeding and fractures, not the microscopic shearing injury that causes real, lasting cognitive symptoms. A carrier that leans on “the scan was clean” is either misinformed or hoping you are.
Pascagoula Brain Injury Workers Compensation Lawyer: The Law Behind A Brain Injury Claim
Your brain injury has to come from the job. If it leaves lasting cognitive or functional damage, 71-3-17(a) treats it as permanent total disability. That can pay up to 450 weeks, subject to the cap tied to the state average wage. The statute does not require visible damage on a scan. It requires an actual, medically documented inability to return to meaningful work.
The Specific Second A Steel Plate Changed Everything At Bollinger
He’s walking beneath a suspended steel plate section on the new-construction floor at Bollinger, headed to the next weld station, hard hat on, eyes on his footing. A rigging strap slips, just slightly, just enough for the plate’s corner to swing and clip the side of his hard hat, snapping his head sideways into a stanchion before he even registers what happened. He gets up, finishes his shift, and only starts noticing the headaches and the trouble concentrating two days later. Under Section 71-3-17(a), that delayed presentation does not disqualify the claim. It is exactly how a real concussion often behaves.
Why A Normal CT Scan Does Not End The Analysis
Here is the fact the carrier hopes never gets explained to you clearly. A CT scan is built to detect skull fractures and active bleeding, both genuine emergencies, and it is very good at that specific job. It is not built to detect the diffuse axonal injury that causes concussion symptoms, which shows up, if at all, on more sensitive testing like a neuropsychological evaluation, not a plain scan read in an emergency room in twenty minutes. A worker sent home with “normal CT, cleared to return to work” has not been cleared of a brain injury at all. He has been cleared of a bleed. Those are two very different medical findings, and the insurance company knows the difference even when the discharge paperwork does not spell it out.
Apportionment On A Brain That Has A History
Under Section 71-3-7(2), a prior concussion or neurological condition can reduce a benefit by the proportion it materially contributed, but that reduction requires actual medical findings, not an assumption. Subsection (3)(a) holds that cut back until your healing levels off. Then a judge sets the final figure. The insurer never gets to set it alone. A worker who played football decades earlier does not automatically forfeit a workplace brain injury claim to that history. He forfeits only what an actual judge finds it contributed.
The Two Deadlines That End A Brain Injury Claim Early
Section 71-3-35 contains both deadlines. The employer must get notice within 30 days. A separate rule is just as strict. No payments and no Commission application within 2 years of the injury means the claim is permanently barred. A worker whose symptoms build slowly over weeks, headaches first, then concentration problems, then irritability nobody connects to the workplace incident until much later, can burn a real portion of that clock before ever realizing a claim exists at all.
The Carrier’s Doctor Versus A Real Neuropsychological Evaluation
The carrier’s Independent Medical Examiner sees the worker once, often reviewing only the emergency room chart showing the clean CT scan, and produces a report calling the injury resolved. A full neuropsychological battery, ordered by a treating physician who actually specializes in brain injury, tests memory, processing speed, attention, and executive function in ways a single office visit never can. Mississippi law allows a carrier’s IME finding to be challenged in front of the Commission using exactly that kind of documented, specialist evaluation.
What Your TV Lawyer Has Never Argued In The Jackson County Courthouse
Hearings on Pascagoula claims all land in one place. That is 3104 Magnolia Street, the circuit court building downtown, with a real administrative judge presiding. Has the billboard lawyer ever presented neuropsychological testing results to that judge, explained why a normal CT does not rule out a real brain injury, or challenged a carrier’s IME doctor on exactly that point? I have never once seen him listed on a docket there, on any claim, let alone a brain injury this technical.
Every workers’ compensation attorney in Mississippi takes cases on contingency, no fee unless you recover. Under the Foster Fair Fee Guarantee, you will always net more money than I take in fees, in writing, before we start. On a brain injury claim, here is the fact that should matter most to you. I take $0.00 out of your TTD check. Not a percentage, not a disguised administrative fee. That check is what covers your family’s bills while your head heals, if it heals, and I have never once taken a cut of it.
Want the exact words the Legislature wrote about permanent total disability? Read Miss. Code Ann. Section 71-3-17 via Justia and see for yourself. When you finish, the Pascagoula Workers’ Compensation Lawyer hub is the place to keep going, and the Pascagoula Legal Services page sits right beside it for Pascagoula workers.
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Who Else Wants To Know What “Cleared By CT” Actually Means
Who else wants to know why the emergency room discharge paperwork never once used the phrase “no evidence of concussion”? Because it can’t, honestly, from a CT scan alone, and a careful reader would notice that gap immediately. Would it matter if your neurologist could not tell a structural bleed from a diffuse axonal injury before treating you? Then it matters whether your lawyer knows that difference before calling your case weak because “the scan was clean.”
He has never ordered a neuropsychological evaluation for a client. Structural findings versus functional cognitive injury is a distinction he has never argued at a hearing. No carrier IME doctor has faced his questions on why “normal CT” fails to mean “no brain injury.” This is not a small gap in his experience. It is the entire fight on this exact type of claim, and a lawyer who does not know it exists will settle a real, permanent cognitive injury for the price of a headache that resolved in a week. The insurance company knows which lawyers understand this distinction and which ones do not, and it prices its offers accordingly, before you ever see a number.
Pascagoula Brain Injury Workers Compensation Lawyer | Pascagoula Brain Injury: Questions Answered Straight
My Pascagoula CT Scan Came Back Normal After A Head Injury At Work. Does That Mean I Do Not Have A Claim?
No. A CT scan is built to catch bleeding and fractures, not the type of injury that causes lasting concussion symptoms like memory trouble, headaches, and difficulty concentrating. A normal CT does not rule out a real traumatic brain injury. A neuropsychological evaluation ordered by a specialist is the test that actually measures what a CT cannot see, and it belongs in your file before any settlement conversation.
My Symptoms From My Bollinger Head Injury Did Not Start Until Two Days Later. Is It Too Late To Report It?
Not necessarily, but you should report it as soon as the connection becomes clear rather than waiting further. Delayed symptom onset is common and medically recognized with concussions. Mississippi’s 30-day notice window and 2-year filing deadline both still apply, and the sooner the workplace connection is documented, the stronger the record supporting your claim.
The Carrier Sent Me To Their Own Doctor Who Said My Head Injury Has Resolved. What Can I Do?
Challenge it. That doctor was selected and paid by the insurance company, likely reviewed only the emergency room chart showing a clean scan, and did not run the specialized cognitive testing that actually measures concussion recovery. Mississippi law lets your own treating specialist’s evaluation be used against an IME finding when the Commission hears the dispute.
Can A Prior Concussion Years Ago Be Used To Deny My Current Pascagoula Brain Injury Claim?
The carrier can bring it up as an apportionment issue. It cannot set the reduction by itself, though. Under Mississippi law, real medical findings must show how much a prior condition added to the problem, and the last word rests with an administrative judge, whose ruling the Commission can review. An old injury can shrink the claim. It does not automatically erase what you are owed.
How Long Do I Have After A Pascagoula Work Accident Involving A Brain Injury Claim To Actually File With The Commission?
Two years from the date of the injury, regardless of whether benefits have been paid in the meantime, with employer notice due within 30 days. Because concussion symptoms can build gradually and get dismissed as stress or fatigue for weeks, workers sometimes lose real time off that clock before recognizing the injury for what it actually is.
P.S. The insurance company already knows a clean CT scan does not mean a clean brain. They would much prefer that you never find out. Before you take “the scan was normal” as the last word on your Pascagoula claim, get my free book and learn which test measures what a CT scan cannot see.
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