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Old Apr 18, 2015, 10:25 PM
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Concussion --> Who's Got Experience With This?


An extended family member fell and hit his head while working in a restaurant.

He went to the ER three days later after having a persistent headache and the doctor told him, after an exam (MRI?) that he had a concussion.

He's only 24 years old and he's had a few concussions prior to this - while wrestling competitively in high school, and a couple other similar events.

Right now, he's having trouble - lots of trouble. He has difficulty reading for more than about ten minutes (he's an avid reader), he got in the car to go to the store across town and forgot how to get there (they've lived there for two years - he knows the route well under normal circumstances).

The restaurant isn't going to help him with the medical bills and they destroyed the video tape that showed him falling in the kitchen. He went to a neurologist today and they want to put him in the hospital for two or three days for tests and observations.

I have hardly any experience with brain injuries but his condition seems very serious. Is it likely he will eventually recover? Is it impossible to tell?

I encouraged him to find a lawyer - he only wants to be able to pay his bills, not to sue the restaurant even though they're treating him like dirt. I'm really only immediately concerned with his well being, not the debacle with the restaurant owners, although I realize this is all tied together.

I just wonder if he will be okay - it's not like a broken arm where you can see the problem and realize when the cast is removed the healing is pretty much done.

Thank you

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Old Apr 18, 2015, 10:38 PM
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Me,
Pm me and we talk
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Old Apr 18, 2015, 10:59 PM
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Worker's compensation usually takes care of things like this. Has he filed a claim?
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Old Apr 18, 2015, 11:32 PM
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You should be asking the doctors about his prognosis. I have seen it go either way, most with only short term issues.
He might have other health issues if he is falling down. So a close look into why he fell might be a good idea.
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Old Apr 19, 2015, 01:28 AM
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Have him File a work comp claim STAT and hire a large well established law firm, especially in this situation.

It is Not about suing the business as it's about his legal rights to medical treatment and possible compensation for a permanent partial disability.

If what you are saying is true and I am not saying it is not, there could also be serious legal consequences for the employer/manager/supervisor.
The Employer should have documented the indecent, provided the work comp carrier information and had seek medical treatment.

Have him start documenting Everything and I mean Everything!.

I have been on both sides of the street as an injured worker and director of safety. Best to play by the rules and be upfront.

Jared
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Old Apr 19, 2015, 01:38 AM
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Quote:
Originally Posted by jcstalls View Post
Have him File a work comp claim STAT and hire a large well established law firm, especially in this situation.

It is Not about suing the business as it's about his legal rights to medical treatment and possible compensation for a permanent partial disability.

If what you are saying is true and I am not saying it is not, there could also be serious legal consequences for the employer/manager/supervisor.
The Employer should have documented the indecent, provided the work comp carrier information and had seek medical treatment.

Have him start documenting Everything and I mean Everything!.

I have been on both sides of the street as an injured worker and director of safety. Best to play by the rules and be upfront.

Jared
This****The restaurant is already in trouble by destroying the tape;document everything now
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Old Apr 19, 2015, 02:39 AM
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I am not familiar with the workers comp laws in your state, however, make sure he gets in touch with an attorney to discuss his options. This can be quite critical if there is any disability as a result of the head injury.

Now with regard to the concussion. Make no mistake a concussion is in fact brain injury. It can take considerable time to heal and there can be permanent consequences. Make sure he is under the supervision of a doctor and gets proper diagnosis and imaging to rule out bleeding, pressure, etc that can be making him worse.

Research shows that concussions can have a cumulative effect especially if they are spaced closely together.
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Old Apr 19, 2015, 09:47 AM
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To answer the thread title, and OP, I have no personal experience with this, but all the comments here are sound advice. Document everything, and retain an attorney experienced in these matters, even if it is decided later not to pursue legal action. Better to be prepared than to lose one's right to legal compensation due to not exercising the remedies available in a timely manner.
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Old Apr 19, 2015, 10:03 AM
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Don't know the law in Georgia except that the state requires workers comp which, if the restaurant is obeying the law, will pay up.

In Texas workers comp is not required by law but it's stupid for an owner not to have it because it is the "exclusive remedy" and the owner is pretty much insulated against law suit.

Good luck with your case. See below.

http://sbwc.georgia.gov/law


Quote:
HOW DO I KNOW IF THE COMPANY I WORK FOR IS COVERED BY WORKERS' COMPENSATION?
The law requires any business with three or more workers, including regular part-time workers, to have workers' compensation insurance. Coverage can be verified by going to www.sbwc.georgia.gov and click on “How Do I verify an employer’s workers’ compensation insurance coverage”.
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Old Apr 19, 2015, 01:45 PM
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As far as the physical side, he needs to follow the doctor's orders. My wife had a bad spill off her horse, was treated and released. Three days later with a severe headache, she was admitted to intensive care - her brain was bleeding. She was fine, but it was a big deal for a couple of days.

As far as the liability side, the "destroyed the video tape" thing screams lawsuit.
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Old Apr 19, 2015, 01:50 PM
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Ditto on the doctor advice. Follow it to the letter. In addition, make EVERY effort not to have another injury in the recovery period. A concussion on top of an existing unhealed concussion is extremely dangerous.

No 4 wheeling, biking, wrestling or anything that can even accidentally cause a head bump.
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Old Apr 19, 2015, 01:50 PM
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Brain injury is a very serious subject. The May issue of the Discovery magazine has a 1st person article on how it effected him. Pick up a copy or order it on line.

I has a relative who wanted to be a pro baseball player as a pitcher. He took a line drive to the head and that was the end of that career choice. He died in his 50's from Alzheimer's . That happens to a lot of pro football players and is just now being talked about. I discouraged our sons from playing foot ball in HS. Sports is a huge industry in schools and nobody want to go there.

I had a thread on helmets and motorcycle riders I just can't figure out why someone would play russian roulette with their bran. Very selfish on their part in the name of freedom of choice.

Their is little that can to be done to fix a brain. Touch the brain, never the same.

Worker comp is a whole new subject. Won't go there.
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Old Apr 19, 2015, 03:07 PM
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I don't know you from Adam so I don't know if your story is true. But if he can prove the restaurant destroyed evidence of an employee being injured on the job he should be able to afford a reading assistant for life.
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Old Apr 19, 2015, 04:34 PM
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Quote:
Originally Posted by Buzz_Man View Post

An extended family member fell and hit his head while working in a restaurant.

He's only 24 years old and he's had a few concussions prior to this - while wrestling competitively in high school, and a couple other similar events.

Sue the restaurant for every penny the owner has until the owner becomes so destitute that he commits suicide.

That'll show 'em.
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Old Apr 19, 2015, 06:18 PM
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Quote:
Originally Posted by Treeline View Post
Sue the restaurant for every penny the owner has until the owner becomes so destitute that he commits suicide.

That'll show 'em.
Sue the business owner for pre-existing injuries.

Gotcha.
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