Millions of Americans suffer headaches on a regular or semi-regular basis, and oftentimes work is a trigger for their onset. If headaches regularly arise when you’re at work or they prevent you from doing your job, you may be wondering if you can receive workers’ compensation for them. It’s a difficult case to win, but for the right client, you can absolutely get compensation if your work environment is contributing to your chronic headaches. We explain how you can get workers’ compensation for headaches in today’s blog.
Headaches And Work Comp Claims
At a basic level, in order to potentially get compensation for your headaches, they must arise at least in part from work-related activities. That being said, just because they are worsened by work activities doesn’t automatically make you eligible for benefits. A hangover that is made worse by the bright lights of a conference room is not something you can be compensated for.
It’s difficult to get compensation for headaches that are made worse by work activities, but it’s easier to get workers’ compensation if a work injury led to frequent headache onset. For example, let’s say you were struck in the head by a heavy object on the construction site, or you inhaled some toxic fumes in the lab. If you begin to develop chronic headaches or migraines, you can speak with your doctor to see if there’s a link between your injuries and the onset of headaches.
Most of the time, with an attentive doctor and professional lawyer by your side, you can make a convincing argument that your headaches are a direct result of your work injuries. Even so, odds are you’re going to get a denial if you file for workers compensation or medical expenses related to your headaches. The reason for this is because they’ll argue that your headaches are caused by other factors like lack of sleep, stresses at home or a poor diet. Insurance companies love denying claims for work-related headaches, which is why you need to make your case as air tight as possible. You can do that in a few different ways.
Written Medical Opinion – Have your doctor put in writing that in their professional opinion, your headaches are at least in part due to work injuries or work-related factors. Opinions of medical professionals carry more weight in a claim or when presenting your case before a workers’ compensation judge.
Get a Lawyer – A workers’ compensation lawyer knows how to put all the evidence together and present a clear and convincing argument that your headaches are due in part to your work tasks. Having your claim submitted by a professional also suggests that you’re ready to contest a denial, whereas an insurance company may be more likely to deny a headache claim if they suspect you don’t have legal counsel on your side.
Document Your Headaches – Finally, make it a point to document your headache frequency, duration and intensity. Everyone can relate to the feeling of a headache, but if your claim shows that you’re suffering from intense daily headaches, it can give some more legitimacy to your claim.
It’s not an easy battle, but it’s won we’ve won before and one we plan to win again. If you have reason to believe your chronic headaches or migraines are due in part to work injuries or work-related stressors, contact Dean Margolis and the team at Margolis Law Office today for more information on how we can help.