A head injury at work does not always produce an obvious wound or immediate diagnosis. You may walk away from a fall, collision, or blow to the head and later develop headaches, dizziness, memory problems, difficulty concentrating, vision changes, or other symptoms that interfere with your ability to work.

These injuries can be particularly difficult when you look physically recovered but are still struggling with the cognitive, neurological, or physical effects of a concussion or traumatic brain injury.

If you suffered a head injury while working in Delaware, workers’ compensation may pay medical expenses and provide wage replacement when you cannot work. Additional benefits may be available if you return to work with lower earnings or are left with permanent impairment.

At Rhoades & Morrow, our Delaware workers’ compensation lawyers represent injured employees with serious workplace injuries. Partner Stephen T. Morrow is a former Chair of the Workers’ Compensation Section of the Delaware State Bar Association and has spent decades handling workers’ compensation claims before the Delaware Industrial Accident Board.

If a workplace head injury is affecting your health or ability to do your job, we can help you understand the Delaware workers’ compensation process and the benefits that may apply.

What Workplace Accidents Can Cause Head Injuries?

A work-related head injury can happen in virtually any occupation. Common causes include:

Slips, trips, and falls
Falls from ladders, roofs, scaffolding, or other heights
Being struck by falling tools, materials, or equipment
Vehicle accidents while performing job duties
Machinery and equipment accidents
Construction accidents
Warehouse accidents
Workplace assaults
Collisions with objects or equipment
Falls on wet or uneven surfaces
Accidents involving patients in hospitals or healthcare facilities

You do not have to lose consciousness for a head injury to be serious. What happened during the accident, the symptoms that follow, and the medical evidence linking those symptoms to the workplace injury can all become important in a workers’ compensation claim.

What Head Injuries May Be Covered by Delaware Workers’ Compensation?

Work-related head injuries can range from concussions to permanent neurological damage.

Conditions and symptoms may include:

Concussions
Traumatic brain injuries
Skull fractures
Brain contusions
Intracranial bleeding
Persistent post-concussion symptoms
Headaches or migraines
Balance and vestibular problems
Cognitive impairment
Memory and concentration problems
Vision disturbances
Neurological injuries

The effects can overlap. Someone with a concussion may experience headaches, dizziness, sensitivity to light, sleep problems, memory difficulties, and vision changes at the same time.

A workers’ compensation claim should account for the accident’s actual medical consequences rather than focusing only on the initial emergency room diagnosis.

Can I Get Workers’ Comp for a Concussion?

Yes. A concussion caused by a workplace accident can qualify for Delaware workers’ compensation even when there is no skull fracture or visible external injury.

A concussion is a form of traumatic brain injury, but its effects can be difficult for other people to see.

Symptoms may include:

Persistent headaches
Dizziness or nausea
Balance problems
Light or noise sensitivity
Blurred or double vision
Fatigue
Sleep disturbances
Difficulty concentrating
Short-term memory problems
Slower information processing

These symptoms can affect jobs differently. Difficulty concentrating may interfere with detailed office work, while dizziness or slowed reaction time can create serious safety concerns for someone who drives, operates equipment, works at heights, or cares for patients.

The fact that an injury is not visible does not mean its effect on your ability to work is insignificant.

What Should I Do After Hitting My Head at Work?

You may not immediately know whether you have a concussion or other serious injury.

After a workplace head injury:

Seek appropriate medical attention. Head injuries can require prompt evaluation, particularly after loss of consciousness, worsening symptoms, significant trauma, or neurological changes.
Report the accident to your employer immediately. Explain how and when the injury happened.
Describe all of your symptoms. Tell medical providers about headaches, dizziness, memory problems, visual changes, sleep disturbances, sensitivity to light or sound, and other changes you notice.
Follow your doctor’s restrictions. Restrictions after a head injury may involve driving, screen time, concentration, machinery, physical activity, or work hours.
Keep track of changes. Report symptoms that become apparent after the initial medical visit to your providers.
Pay attention to your workers’ compensation claim. Find out whether the claim has been accepted and whether medical and wage benefits are being provided when applicable.

Delaware employers subject to the Workers’ Compensation Act generally must carry workers’ compensation insurance or qualify as self-insured.

Once an employer knows of an accident resulting in personal injury, 19 Del. C. § 2313 generally requires the employer to report it to the Delaware Department of Labor within 10 days and provide the injured employee a copy.

What If My Symptoms Did Not Start Until After the Accident?

Not every symptom of a concussion or traumatic brain injury is obvious immediately.

You may initially be more concerned about a cut, neck injury, back injury, or other visible trauma. Headaches, concentration problems, dizziness, fatigue, visual problems, or sensitivity to light may become more noticeable later or when you try to resume normal activities.

Tell your medical providers when new symptoms develop and how those symptoms affect both your work and everyday activities.

Consistent medical documentation can become particularly important if the insurance company later argues that symptoms appearing after the accident are unrelated to your work injury.

Can I Choose My Own Doctor for a Work-Related Head Injury?

Delaware law generally gives injured workers the right to choose a healthcare provider certified to treat patients within the state’s workers’ compensation system.

Depending on your injury and symptoms, medical treatment may involve:

Emergency care
Diagnostic imaging
Neurological evaluation
Medication
Physical therapy
Vestibular therapy
Vision-related treatment
Cognitive rehabilitation
Other specialist care
Hospitalization or surgery for severe injuries

The insurance carrier can also require you to attend a medical examination with a physician it selects and pays. Delaware law prohibits referring to that insurance-company examination as an “Independent Medical Examination” or “IME.”

Disagreements between your treating providers and the carrier’s physician about diagnosis, treatment, work restrictions, or recovery can become important in a disputed workers’ compensation case.

Can a Head Injury Keep Me From Working Even If I Look Recovered?

Yes. Being physically capable of walking, lifting, or moving normally does not necessarily mean you can safely perform your regular job.

A head injury may result in restrictions involving:

Driving
Operating machinery
Working at heights
Working around moving equipment
Sustained concentration
Multitasking
Rapid decision-making
Detailed computer work
Bright lights or loud environments
Reading or visual tracking
Long or irregular shifts

For example, dizziness or slowed reaction time can be significant for a commercial driver or equipment operator. Memory or concentration problems can affect an employee responsible for medication administration, calculations, detailed records, or other duties where errors have serious consequences.

Your medical restrictions and ability to safely perform your actual job duties matter.

What Workers’ Compensation Benefits Are Available After a Head Injury?

The workers’ compensation benefits available depend on your medical condition, ability to work, earnings, and whether the injury results in permanent impairment.

Medical Benefits

Under 19 Del. C. § 2322, Delaware workers’ compensation can pay reasonable medical expenses required because of a compensable work injury.

Medical benefits can include doctor visits, diagnostic testing, specialist treatment, therapy, medication, hospitalization, surgery, and other reasonable medical care.

Benefits When You Cannot Work

If your head injury prevents you from working, you may qualify for temporary total disability benefits.

Under 19 Del. C. § 2324, compensation is generally calculated at 66 2/3% of wages, subject to Delaware’s statutory minimum and maximum compensation rates.

These benefits can replace part of your lost wages while injury-related restrictions keep you from working.

Benefits If You Return at Lower Earnings

Some injured workers can return to work but cannot immediately resume their previous position, schedule, or earning level.

Under 19 Del. C. § 2325, qualifying temporary partial disability benefits are generally based on 66 2/3% of the difference between pre-injury wages and post-injury earning capacity and may be payable for up to 300 weeks, subject to Delaware law.

Permanent Disability Benefits

Some head injuries result in lasting impairment after medical treatment has stabilized.

Whether permanent partial disability or other permanent disability benefits apply depends on the nature and extent of the injury and the supporting medical evidence.

Returning to work does not necessarily mean that every aspect of a Delaware workers’ compensation claim is finished.

How Much Is a Workers’ Comp Head Injury Claim Worth?

There is no standard lump sum settlement amount for a concussion or traumatic brain injury in Delaware.

The financial compensation available depends on factors such as:

Your average weekly wage
How long you are unable to work
Whether you return at lower earnings
The severity and duration of your symptoms
The medical treatment you require
Whether permanent impairment remains
Whether the injury prevents you from returning to your previous occupation
The strength of the medical evidence
Whether the insurance carrier disputes causation or disability
Whether another party may be legally responsible for the accident

A concussion that resolves relatively quickly is different from a traumatic brain injury that causes permanent cognitive, neurological, or vocational limitations.

An experienced workers’ compensation attorney can evaluate the benefits potentially available based on the specific evidence rather than relying on an average settlement figure that may have little relevance to your injury.

What If My Head Injury Also Affected My Vision?

Head trauma can cause visual problems even when the eye itself was not directly struck.

Symptoms can include blurred or double vision, light sensitivity, difficulty focusing, loss of peripheral vision, and other visual disturbances. Other workplace accidents can cause both direct damage to an eye and a head injury.

Delaware workers’ compensation specifically provides compensation for qualifying permanent loss of vision, so identifying the full extent of both injuries can matter.

What If I Had Headaches or Other Symptoms Before the Accident?

A pre-existing medical history does not automatically establish that your current symptoms are unrelated to work.

An insurance carrier may review previous treatment if you had migraines, headaches, vision problems, cognitive complaints, a previous concussion, or another neurological condition.

The issue may be whether the workplace accident caused a new injury or changed an existing condition.

Medical records showing your condition before and after the work-related accident, changes in your symptoms and functional abilities, diagnostic findings, and physician opinions can become important when causation is disputed.

What If I Cannot Return to My Previous Job?

A lasting head injury can affect more than whether you are temporarily able to work.

Cognitive, balance, neurological, or vision limitations may prevent some injured workers from safely returning to the occupation they performed before the accident.

Depending on the circumstances, Delaware’s workers’ compensation system may provide vocational rehabilitation to help a qualifying employee return to suitable employment.

Whether rehabilitation is appropriate depends on your medical restrictions, education, work experience, transferable skills, and ability to perform other employment.

A significant reduction in earning capacity can also raise separate questions about disability benefits.

What Should I Say to a Workers’ Comp Insurance Adjuster?

Be accurate, truthful, and concise. Do not guess about details you do not remember. Do not minimize symptoms because they are difficult to describe or because you want to return to work quickly. Likewise, do not exaggerate limitations or speculate about how long symptoms will last.

With head injuries, avoid assuming that you have “fully recovered” simply because some symptoms have improved if you continue to experience cognitive, neurological, balance, or visual problems.

An adjuster works for the insurance company handling the claim. If you do not understand why information is being requested or how a decision could affect your workers’ comp benefits, an experienced workers’ compensation lawyer can help you understand the process.

What If the Insurance Company Says I Should Have Recovered?

This can become a significant issue in concussion and traumatic brain injury claims.

The insurance carrier may argue that:

Diagnostic imaging does not show a significant injury
You should have recovered from a concussion
Continuing headaches are unrelated to the accident
Cognitive symptoms result from another condition
You can return to regular work
Additional medical treatment is unnecessary
Current symptoms result from a pre-existing condition
You do not have permanent impairment

The insurance company’s position does not necessarily determine the outcome of the claim.

When a dispute cannot be resolved, an injured worker can file an appropriate petition with the Delaware Industrial Accident Board.

Medical records, testimony from treating and examining physicians, work restrictions, employment evidence, and testimony about symptoms and functional limitations may become important.

There is no useful percentage that tells you the “odds” of winning a workers’ comp case. The outcome depends on the medical evidence, legal issues, credibility, and other claim-specific facts.

Stephen Morrow has represented injured workers before the Industrial Accident Board for decades and has taught other Delaware attorneys about Board practice, medical treatment issues, and workers’ compensation law.

Can I Have Another Claim If Someone Else Caused My Head Injury?

Possibly. Workers’ compensation generally does not require an injured employee to prove employer negligence. Different issues can arise when someone other than your employer or co-worker is legally responsible for the accident.

Under 19 Del. C. § 2363, circumstances can exist in which an injured employee receives workers’ compensation while also pursuing a third-party personal injury claim.

For example, an employee who suffers a traumatic brain injury in a work-related car accident caused by another driver may have both a workers’ compensation claim and a potential claim against that driver.

Third-party personal injury claims are separate from workers’ compensation and can affect the benefits paid. Our Delaware personal injury lawyers will evaluate serious workplace accidents involving another potentially responsible party based on the specific facts.

How Long Can I Receive Workers’ Compensation in Delaware?

There is no single maximum duration for every workers’ compensation benefit. Delaware workers’ compensation law governs medical benefits, temporary total disability, temporary partial disability, and permanent total disability differently. For example, qualifying temporary partial disability benefits generally have a 300-week limit, while other benefits follow different rules.

How long benefits continue depends on the type of compensation, your medical condition, ability to work, and status of the workers’ comp claim.

If an insurance carrier seeks to reduce or terminate benefits you are already receiving, a workers’ compensation attorney can explain what the carrier is requesting and what medical evidence may be necessary to respond.

How Long Do I Have to Report or File a Head Injury Claim?

Report your work injury to your employer immediately, even if you do not yet know whether you suffered a concussion or how long your symptoms will last.

Under 19 Del. C. § 2341, if the employer does not already have actual knowledge of the accidental injury, notice generally must be provided within 90 days after the accident.

That is different from the deadline for claiming workers’ compensation benefits.

For accidental injuries, 19 Del. C. § 2361 generally requires an agreement regarding compensation or an appropriate proceeding to be initiated within two years after the accident.

Prompt reporting can be particularly important after a head injury because symptoms may change or become apparent after the initial accident.

When Should I Contact a Delaware Workers’ Compensation Lawyer About a Head Injury?

Consider speaking with a skilled workers’ compensation attorney if:

You lost consciousness or suffered a serious blow to the head
You have been diagnosed with a concussion or traumatic brain injury
Headaches, dizziness, or other symptoms continue
You have memory or concentration problems
You developed vision or balance problems
Your symptoms prevent you from safely performing your regular job
Your doctor has taken you out of work or imposed restrictions
Your employer cannot accommodate those restrictions
You returned to work at lower earnings
The insurance company refuses to authorize treatment
The carrier says you should have recovered
A pre-existing condition is being used to challenge your claim
Your doctor believes you have permanent impairment
The insurer wants to reduce or terminate your benefits
Your workers’ compensation claim has been denied
A petition must be filed with the Industrial Accident Board

A workers’ compensation lawyer can help injured workers understand the benefits at issue, develop medical evidence, communicate with insurance carriers, and represent clients when claims become disputed.

Get a Free Consultation With an Experienced Attorney

Stephen T. Morrow is a former Chair of the Delaware State Bar Association Workers’ Compensation Section and Past President of the Delaware Trial Lawyers Association. He has represented injured Delaware workers for decades and continues to teach and participate in Delaware workers’ compensation legal education.

For our clients, that experience means having a law firm that understands how the medical, cognitive, employment, and insurance issues surrounding a head injury can affect a Delaware workers’ compensation claim.

Rhoades & Morrow represents injured workers throughout Delaware from our offices in Wilmington, Newark, Milford, and Lewes.

If a concussion, traumatic brain injury, or other work-related head injury is affecting your medical care, lost income, or ability to keep working, contact us to discuss your claim.

Take the First Step. Contact Rhoades & Morrow today for a free initial consultation.