Concussion Workers’ Compensation Claims

A concussion is a traumatic brain injury that may occur after a blow, jolt, or impact to the head disrupts normal brain function. In the workplace, concussions may follow falls, falling objects, vehicle accidents, or contact with equipment or fixed structures. Symptoms can include headaches, dizziness, memory difficulties, slowed processing, sleep disturbances, and sensitivity to light or noise, even when standard imaging appears normal.

Rosenberg & Rosenberg, P.A. may review concussion claims by considering medical records, clinical findings, diagnostic testing, physician opinions, and employment information to help evaluate the workers’ compensation options that may be available under Florida law. Because symptoms and medical findings vary, whether a concussion is connected to a workplace event depends on the circumstances and supporting evidence. Florida law also requires workers’ compensation injuries to be supported by objective relevant medical findings. Rosenberg & Rosenberg, P.A. has served injured workers throughout Broward, Miami-Dade, and Palm Beach Counties for around five decades.

Why Concussion Claims Can Be Hard to Prove 

Florida Statutes § 440.09(1) requires that a workers’ compensation injury be established to a reasonable degree of medical certainty based on objective relevant medical findings. Under the statute, objective relevant medical findings are those confirmed by physical examination findings or diagnostic testing. Pain and other subjective complaints alone are generally not sufficient to establish compensability.

Concussion claims create a specific tension with this requirement because the most common symptoms, including headache, dizziness, cognitive slowing, memory difficulty, sleep disturbance, irritability, and sensitivity to light or noise, are subjective. CT scans and standard MRI imaging are frequently normal after a concussion because these tools detect structural damage rather than the functional disruption that a concussion produces. A normal CT scan does not mean the injury did not occur or that symptoms are not genuine, but a claim still requires objective medical documentation.

The practical resolution is that objective evidence for concussion claims is often provided through clinical examination findings rather than imaging alone. These may include documented abnormalities on neurological examination, abnormal balance testing results, impaired performance on standardized neurocognitive assessment tools, vestibular or oculomotor testing findings, or, in more severe cases, imaging findings such as diffusion tensor imaging or SPECT that may reveal functional changes not visible on standard MRI.A treating physician who documents these findings and addresses their relationship to the workplace event may provide important medical evidence for evaluating the claim. 

How Concussions Happen in the Workplace

Concussions may occur in a wide range of workplace settings and are not limited to construction or heavy industry. Common workplace events that may cause or contribute to a concussion include: 

• Falls from heights, ladders, or elevated surfaces where the head contacts a hard surface
• Being struck by a falling object, swinging equipment, or a moving vehicle
• A motor vehicle accident during the course of employment
• Contact with fixed structures such as beams, doorframes, or low overhead clearances on a job site
• A fall on the same level involving a slip or trip that causes the head to strike the ground or a nearby surface

Workers in construction, roofing, warehousing, transportation, healthcare, and field services may encounter these mechanisms during the course of their regular duties. A workplace concussion does not require loss of consciousness to be clinically significant. Many documented concussions involve no loss of consciousness but still produce symptoms that affect the worker’s ability to return to full-duty work.

Post-Concussion Syndrome and the Subsequent Injury Standard

When concussion symptoms persist beyond the expected short-term recovery window, the condition is sometimes referred to as post-concussion syndrome, characterized by ongoing cognitive, physical, and emotional symptoms. In the workers’ compensation context, persistent post-concussion symptoms may be evaluated as a subsequent condition under Florida Statutes § 440.09(1)(a), which generally requires that the original compensable concussion be the major contributing cause of the continuing symptoms, meaning more than 50 percent responsible compared to all other causes combined.

This analysis becomes particularly important when a worker has a history of prior concussions, preexisting anxiety or depression, prior cognitive difficulties, or other medical conditions that a carrier may argue are the major contributing cause of the current symptoms rather than the workplace event. A physician’s specific causation opinion that addresses the prior history and the contribution of the workplace event to the current clinical picture is generally a significant part of the claim record in those situations.

How symptoms change over time may also be medically important. Detailed records from the authorized treating physician documenting how symptoms have responded to treatment, whether they have improved, remained stable, or worsened, and how they affect the worker’s ability to perform specific job functions, create records over time that may help evaluate whether the original workplace event remains the major contributing cause of ongoing disability. 

Mental and Nervous Symptoms After a Concussion

A workplace concussion sometimes produces psychological or emotional symptoms, including depression, anxiety, and post-traumatic stress, alongside the physical and cognitive effects. Florida Statutes § 440.093 addresses mental and nervous injuries and generally requires that a compensable physical injury be the major contributing cause of any psychological condition, and that the physical injury remain at least 50 percent responsible for the mental condition compared to all other causes combined.

This means that mental or emotional symptoms following a workplace concussion are generally not independently compensable in the absence of an accepted physical injury. If the concussion itself is accepted as compensable, related psychological symptoms may potentially be addressed through the same claim, but the physical injury must remain the documented major contributing cause. Compensation is generally not payable for emotional symptoms arising only from being out of work or losing employment, even if those circumstances follow a workplace injury.

Benefit Categories That May Apply

When concussion claims are accepted as compensable under Florida Statutes Chapter 440, benefit categories that may be available include:

• Medical benefits. Authorized treatment may include emergency evaluation, neurological consultation, neurocognitive assessment, vestibular therapy, occupational therapy for cognitive rehabilitation, and, where symptoms persist, specialist referral for post-concussion management. Treatment must generally be provided through the carrier’s authorized physician network.
• Wage replacement benefits. If the injury, when supported by the evidence, results in temporary total or temporary partial disability, wage replacement may be available at approximately two-thirds of the worker’s average weekly wage, subject to the 104-week limit under § 440.15 and applicable exceptions. Return-to-work restrictions related to cognitive load, screen exposure, or physical activity may be relevant to the disability classification during recovery.
• Permanent impairment benefits. If the worker reaches maximum medical improvement with a remaining impairment, benefits may be calculated under Florida’s impairment rating guidelines.
• One-time change of physician. Under Florida Statutes § 440.13(2)(f), an injured worker generally has the right to request a one-time change of authorized treating physician, which may be relevant when there are differences in opinion about the extent of injury, the appropriate diagnostic workup, or the treatment plan.

South Florida Industries Where Concussion Claims Arise

Construction workers throughout Broward, Miami-Dade, and Palm Beach Counties regularly work at heights and in environments where falling objects and head impacts are documented occupational hazards. OSHA standards address head protection in construction, which may be relevant when evaluating safety practices after a workplace head injury.  A falling tool, an unprotected overhead beam, or a fall from scaffolding can produce the type of head impact associated with a concussion even when a hard hat is in use, since helmets reduce but do not eliminate the transmission of force to the brain.

Transportation and delivery workers in South Florida’s large logistics sector may sustain concussions in motor vehicle accidents occurring during the course of employment, including delivery route accidents, accidents during commercial vehicle operation, and accidents involving forklifts or warehouse equipment. These events are often well-documented through employer incident reports, vehicle accident reports, and witness accounts, which can support the objective evidence requirement.

Healthcare workers, particularly those involved in patient care in hospital and rehabilitation settings across the region, may sustain head injuries during patient-handling incidents, including falls while assisting a patient or being struck during a patient-related incident. These events may be less thoroughly documented than a construction site accident, which makes prompt internal reporting and medical evaluation particularly important.

Preexisting Conditions and Prior Head Injury History

A history of prior concussions, prior traumatic brain injury, or preexisting cognitive or psychological conditions may raise questions under Florida Statutes § 440.09(1)(b) about whether the workplace event was more than 50 percent responsible for the current condition compared to all other causes combined. This is particularly relevant for workers who have sustained prior workplace or sports-related head injuries, since each prior event may be cited as a contributing factor to current symptoms.

A prior concussion history does not automatically bar a workers’ compensation claim. If the workplace event, when supported by the medical evidence, aggravated or accelerated a prior condition or produced symptoms beyond what the prior history would predict, a treating physician may be able to document that the workplace event was the major contributing cause of the current need for treatment. 

Florida Statutes § 440.185 generally requires an injured worker to report a workplace injury to their employer within 30 days. For a concussion, the 30-day clock generally runs from the date of the acute event. However, some concussion symptoms, including cognitive difficulties or sleep disruption, may not be immediately apparent or may not be recognized as connected to the workplace event until a medical evaluation occurs. Workers who develop symptoms after a head impact at work should consider reporting both the incident and the developing symptoms to their employer and asking about evaluation through an authorized treating physician. 

Documentation of the workplace event itself, including an incident report, witness information, and any safety equipment in use, may also be relevant to how concussion claims are evaluated.

FAQs about Concussion Claims

Q1. Can a concussion qualify for workers’ compensation in Florida if my CT scan is normal?
It may. A normal CT scan does not necessarily rule out a concussion. Medical examination findings, diagnostic testing, neurocognitive assessments, treatment records, and other available evidence may be relevant when evaluating whether the condition is related to a workplace injury.

Q2. What if I had previous concussions or another preexisting condition?
A prior concussion or preexisting condition does not automatically prevent a workers’ compensation claim. Medical evidence may be necessary to evaluate the relationship between the prior condition, the workplace event, and the worker’s current symptoms under applicable Florida causation requirements.

Q3. Can anxiety or depression after a concussion be addressed through workers’ compensation?
Potentially. Psychological symptoms associated with a compensable physical injury may be evaluated under Florida Statutes § 440.093. Whether related benefits may be available depends on medical evidence, applicable causation requirements, and the specific circumstances of the claim.

Q4. What evidence may be relevant to a concussion workers’ compensation claim?
Relevant evidence may include medical records, clinical examination findings, diagnostic testing, physician opinions, neurocognitive assessments, accident reports, employment records, and documentation of symptoms or work restrictions following the alleged workplace injury.

Q5. How long do I have to pursue a concussion workers’ compensation claim in Florida?
Florida workers’ compensation claims are subject to notice and filing requirements. Employees generally must notify their employer within 30 days, subject to statutory exceptions. A petition for benefits is generally subject to a two-year limitations period, although medical treatment, benefit payments, and other circumstances may affect the applicable deadline.

Take the Next Step With Your Workplace Concussion Claim

Rosenberg & Rosenberg, P.A. provides guidance on concussion claims by reviewing medical records, diagnostic findings, treating physician opinions, and employment history to help evaluate the options that may be available under Florida law. For accepted cases, attorney’s fees generally depend on obtaining a recovery, subject to the written fee agreement. Court costs and case-related expenses may apply.  Our firm is available 24/7 and offers free initial consultations. Contact an attorney at Rosenberg & Rosenberg, P.A. to learn more about the workers’ compensation options that may be available based on the circumstances of your concussion claim.

This page is provided for general informational purposes only and does not constitute legal advice. Viewing this page does not create an attorney-client relationship with Rosenberg & Rosenberg, P.A. Past results do not guarantee or predict a similar outcome in any future case.