Workplace head injuries can turn your life upside down in an instant. Between 2003 and 2008, head injuries accounted for 22% of all work-related injury fatalities and 46% of work-related fatal falls. Head injuries are particularly serious because they can affect your brain function, personality, and ability to work — sometimes temporarily, sometimes permanently.
At Munley Law, we understand the challenges you and your family face after suffering a workplace head injury. Medical bills pile up while you’re unable to work, and navigating the workers’ compensation system can feel overwhelming.
In this article, we are going to guide you through understanding head injury workers’ compensation in Pennsylvania, the benefits you’re entitled to receive, typical settlement amounts, and how to ensure you get the maximum compensation for your injury. For more questions, call 844-792-2582 to speak to an experienced workers’ comp head injury lawyer during a free consultation.
What Qualifies as a Workplace Head Injury?
Let’s start at the beginning: what qualifies as a workplace head injury?
Under the Pennsylvania Workers’ Compensation Act, any head injury that occurs while performing work duties qualifies for workers’ compensation benefits. This includes injuries that happen at your regular workplace, while traveling for work purposes, or while attending work-related events. Even head injuries that develop gradually from repeated workplace trauma, such as those caused by constant vibration or recurring impacts, may qualify for workers’ compensation. The most common types of workplace head injuries include:
- Concussions
- Traumatic brain injury
- Skull fractures
- Brain contusions
- Sensory Organ Damage
How do brain injuries occur on the job?
Head injuries typically happen in several ways. Falling objects striking workers’ heads are a leading cause, especially in construction and warehouse settings. Slip and fall accidents can result in workers hitting their heads on floors, equipment, or other hard surfaces. Vehicle accidents while on the job — whether in company vehicles or at work sites — frequently cause head trauma. Machine-related accidents and workplace violence also contribute to head injury statistics.
Certain industries see higher rates of head injuries. Construction workers face dangers from heights, falling objects, and heavy equipment. Manufacturing employees work around machinery that can cause head trauma. Healthcare workers may suffer head injuries from patient handling or slippery hospital floors. Transportation workers face risks from vehicle accidents and loading/unloading cargo.
The Real Impact of Head Injuries
In the short term, workplace head trauma frequently causes symptoms like headaches, dizziness, confusion, and nausea. Many workers experience blurred vision, sensitivity to light and noise, and difficulties with balance and coordination. These symptoms can make returning to work impossible for days, weeks, or even months. The physical pain alone can be debilitating, preventing you from performing even simple daily tasks.
The long-term effects of workplace head injuries can be even more profound. Traumatic brain injuries (TBIs) may lead to persistent cognitive problems including memory issues, trouble concentrating, and slowed thinking. Workers often report significant changes in personality, with increased irritability, mood swings, and depression being common. These changes can strain relationships with family members and coworkers, creating additional stress during recovery.
Financial Hardships due to Severe Injuries at Work
The financial burden of workplace head injuries is substantial. Medical costs for severe traumatic brain injuries can reach hundreds of thousands of dollars, including emergency treatment, hospitalization, rehabilitation services, and ongoing therapy. Lost wages compound this financial strain, particularly when workers are unable to return to their previous earning capacity.
Many head injury victims also require modifications to their homes, special equipment, or ongoing personal assistance. The psychological impact — including anxiety, PTSD, and loss of self-esteem— often requires professional treatment as well.
Post-Concussion Syndrome
Post-concussion syndrome affects many workers with head injuries, causing symptoms that linger for months or even years after the initial injury. This condition can make it difficult or impossible to return to your previous job, especially in roles requiring physical labor, quick decision-making, or extended concentration.
For many Pennsylvania workers, a head injury represents not just a medical emergency but a life-changing event that affects their careers, finances, and family relationships. At Munley Law, our personal injury attorneys deeply understand what you and your family are going through. We will work to secure proper workers’ compensation benefits that will cover all immediate medical bills and all future medical care as well.
Pennsylvania Workers’ Compensation Laws for Head Injuries
Pennsylvania’s workers’ compensation system offers specific protections for head injury victims. Under state law, virtually all employers must carry coverage that begins on your first day, regardless of employment status. The no-fault system provides benefits even if you partially caused the accident. Pennsylvania recognizes the serious nature of head injuries, covering comprehensive medical treatments including specialized neurological care and diagnostic testing.
Timing is extremely important. You should report your injuries within 21 days to receive benefits from the injury date. You have up to 120 days to report (with delayed benefits) and three years to file a claim, with possible extensions for gradually developing symptoms.
Workers’ Comp Benefits Available for Head Injuries
When you suffer a head injury at work in Pennsylvania, you may be eligible for several types of workers’ compensation benefits: medical benefits, wage loss benefits, and death benefits.
Traumatic Brain Injury Claim: Medical Benefits
Medical benefits form the foundation of workers’ compensation coverage for head injuries. These benefits cover all reasonable and necessary medical expenses related to your workplace head trauma. For brain injuries, covered treatments typically include emergency care, hospitalization, surgery, prescription medications, and diagnostic testing like MRIs and CT scans. Additionally, these benefits extend to specialized treatments often needed for head injuries, including neurological care, cognitive rehabilitation therapy, physical therapy, occupational therapy, and psychological counseling for emotional effects of brain trauma.
Traumatic Brain Injury Cases: Wage Loss Benefits
Wage loss benefits provide financial support when your head injury prevents you from working. In Pennsylvania, these benefits generally equal about two-thirds of your average weekly wage, subject to state-established minimum and maximum limits. As of 2025, the maximum weekly benefit is $1,347. These payments continue until you’re able to return to work at your pre-injury earning level.
For head injuries, Pennsylvania workers’ compensation provides different benefit classifications based on your ability to work:
- Temporary Total Disability (TTD) benefits apply when you cannot work at all during recovery from your head injury
- Temporary Partial Disability (TPD) benefits apply if you can work in a limited capacity but earn less than before your injury
- Permanent Partial Disability (PPD) benefits may be available if your head injury causes permanent limitations but you can still work in some capacity
- Specific Loss benefits may apply for permanent injuries affecting vision, hearing, or facial disfigurement resulting from your head injury
For catastrophic brain injuries resulting in permanent total disability, benefits may continue indefinitely. In some cases, workers with severe head injuries may qualify for a lump-sum settlement that covers future medical expenses and wage losses.
Workers’ Comp Head Injury Settlements: Death Benefits
Family members of workers who suffer fatal head injuries may be eligible for death benefits, including burial expenses and ongoing wage loss benefits for surviving dependents. Our personal injury attorneys have helped thousands of Pennsylvania residents recover maximum compensation in traumatic brain injury settlements. We are confident we can do the same for you. Call today to discuss your case and get the process started.
Average Settlement Amounts for Head Injury Claims
There is no fixed compensation for TBI settlements. Your compensation depends primarily on the severity of your injuries, wage history, and your long-term prognosis. Pennsylvania workers’ compensation settlements for head injuries span a wide spectrum based on these factors.
Our legal team has secured outcomes ranging from several thousand dollars for mild TBIs to tens of thousands for moderate cases, with catastrophic traumatic brain injuries often yielding settlements exceeding $100,000. While we cannot promise a specific settlement amount, we guarantee persistent advocacy until achieving a fair settlement. If negotiations fall through, our trial attorneys will take your case to court.
Filing a Workers’ Comp Claim for a Head Injury: Step-by-Step
The workers’ compensation process can seem like a steep mountain you have to climb. The good news is, you don’t have to do it alone. When you partner with a Munley personal injury lawyer, you’ll have a team of legal advocates guiding you through the process from start to finish. Let’s take a look at how to tackle your case:
Step 1: Seek immediate medical attention.
Even if the injury seems minor, head trauma can have delayed or hidden symptoms. Seek medical care immediately. Be sure to tell the medical provider your injury occurred at work.
Step 2: Report your injury to your employer.
Notify your supervisor or HR department about your head injury as soon as possible. Pennsylvania law requires reporting within 21 days to receive benefits from the date of injury. While you have up to 120 days to report the injury, waiting longer than 21 days means your benefits will only start from the notification date. Always report in writing and keep a copy for your records.
Step 3: Ensure your employer files a First Report of Injury.
Your employer must report your injury to their insurance company and the Pennsylvania Bureau of Workers’ Compensation. This should happen within 7 days for injuries requiring medical treatment or resulting in lost work time.
Step 4: Follow all medical advice and attend appointments.
Skipping doctor visits or ignoring treatment recommendations can harm your claim. Keep detailed records of all medical visits, treatments, symptoms, and how the injury affects your daily life.
Step 5: Watch for your claim acceptance or denial.
The insurance company has 21 days to accept or deny your claim. If accepted, you’ll receive a Notice of Compensation Payable. If denied, you’ll receive a Notice of Compensation Denial explaining the reasons.
Step 6: Appeal if your claim is denied.
If your head injury claim is denied, you have the right to file a petition with the Pennsylvania Workers’ Compensation Appeal Board. This is where having an experienced workers’ compensation attorney becomes essential. Your Munley lawyer will handle every aspect of the appeals process.
Step 7: Consider settlement options.
As your medical condition stabilizes, you may have the option to settle your case through a lump-sum payment. An experienced attorney can help evaluate whether settlement offers are fair based on your specific circumstances.
Why Insurance Companies Often Dispute Head Injury Claims
Head injury claims face intense scrutiny from insurance companies due to their “invisible” nature. Unlike broken bones visible on X-rays, brain injuries often don’t appear on standard imaging, allowing insurers to question their severity or existence. Adjusters frequently argue that symptoms like headaches or memory problems stem from pre-existing conditions rather than workplace accidents. They may dispute the work-related connection, especially when symptoms develop gradually, and use company-paid medical exams to minimize injury severity.
When to Consider a Third-Party Claim
While workers’ compensation provides valuable benefits for head injuries, these benefits are limited to medical expenses and a portion of lost wages. In many workplace accident scenarios, you may be entitled to additional compensation through what’s known as a third-party claim.
Third-party claims become possible when someone other than your employer contributed to your head injury. For example, if your injury resulted from defective equipment, you might have a product liability claim against the manufacturer. Construction workers often have claims against negligent subcontractors or property owners who failed to maintain safe conditions at job sites.
The key advantage of third-party claims is they allow you to seek compensation beyond workers’ comp limits, including full lost wages (past and future), pain and suffering, and compensation for how your head injury affects your quality of life. These additional damages can be substantial in serious head injury cases, potentially resulting in settlements many times larger than workers’ compensation benefits alone.
Why Legal Representation Matters for Head Injury Claims
At Munley Law, we understand brain injury and can effectively communicate their full impact on your life and career. We collaborate with neurologists and medical experts to document your injury’s severity while countering insurance tactics that minimize your condition.
Our personal injury attorneys handle all communication with the insurance companies. You’ll have a chance to focus on your recovery while we build a winning case that will secure maximum compensation for your injuries. Munley Law believes that everyone should have access to excellent legal representation, regardless if they can pay. That’s why our lawyers work on a contingency fee basis. You pay nothing unless we secure compensation.
Workers’ Comp Head Injury Settlements FAQ
What if my head injury symptoms appear days after the accident?
It’s actually quite common for head injury symptoms to develop days after the initial accident. Concussions and other traumatic brain injuries sometimes have delayed onset of symptoms. Pennsylvania law recognizes this medical reality—you should report the injury as soon as symptoms appear, explaining the connection to your workplace accident. Document when symptoms began and seek medical attention immediately.
How long does a typical head injury workers’ comp case take?
The timeline for head injury workers’ compensation cases varies significantly based on injury severity and claim complexity. For straightforward claims with clear documentation and employer cooperation, benefits may begin flowing within weeks of reporting. However, disputed head injury claims often take much longer to resolve. When insurance companies contest diagnosis severity or work-relatedness, cases frequently require litigation before a workers’ compensation judge, which can extend timelines.
Can I be fired for filing a workers’ comp claim?
Pennsylvania law explicitly prohibits employers from firing workers solely for filing a workers’ compensation claim. If your employer terminates you after filing a head injury claim, you may have grounds for a wrongful termination lawsuit in addition to your workers’ compensation case.
However, it’s important to understand that workers’ comp doesn’t provide absolute job protection — employers can still terminate injured workers for legitimate business reasons unrelated to their claim. That said, any termination that follows shortly after filing a claim will face heightened scrutiny. At Munley Law, we help protect clients from potential retaliation while ensuring their workers’ compensation rights are fully honored throughout their recovery.
