How Much Are Workers' Comp Head Injury Settlements Worth?

More than 83,000 workers experienced head injuries at work in 2020 according to data from the Bureau of Labor Statistics. About 13% of them needed at least a month out of work to recover.¹ If you hurt your head at work, the good news is that you can likely tap your employer’s workers’ compensation insurance. It will cover your medical bills and pay for lost wages while you recover.

The average workers' comp head injury settlement

The average settlement for head injuries is about $94,300, according to 2023 data from the National Safety Council (NSC). That includes $60,700 allocated to medical care and $33,600 as an indemnity payment. The data shows that of all body injuries, head injuries resulted in the highest settlement amounts by a large margin.²

However, your personal settlement will vary based on the severity of your injury, the medical care your doctor recommends, how long it keeps you away from work, and your state workers’ comp laws. Injuries that affect other body parts — like your neck or spine — could result in higher payouts. So while the average settlement for a concussion is only about $33,700, other injuries that impact the spine could be worth closer to $100,000.

Do all head injuries qualify for workers’ comp?

Any head injury can qualify for workers’ compensation assuming it happened while you were actively engaged in your job duties. It doesn’t matter whose fault the injury was. It could have happened because of a one-time accident or from repeated strain over time, like from exposure to unsafe work conditions.

Even if your condition first shows symptoms outside of the workplace, but it happened because of your job, you could qualify for benefits. For example, if you hit your head at work, felt fine in the moment, and then experienced side effects when you got home or days later, you could still get worker’s comp because your health issues resulted from doing your job.

You do need to report your injury to your employer within your state’s reporting deadline. Missing that deadline will make it hard or impossible to file a claim.

Unfortunately, freelance employees, gig workers, and other independent contractors, don’t qualify for workers’ comp through their employers. That’s true even in cases of severe injury.

Examples of workers’ comp head injuries

Assuming these happen in the course of your employment, all of these head injuries and their side effects could qualify for workers’ comp:

• Chemical burns

• Cognitive issues related to a head injury

• Concussions

• Contusions

• Difficulty thinking or remembering

• Diffuse axonal injuries

• Epilepsy

• Eye injuries

• Facial injuries or disfigurement

• Mental health conditions resulting from a head injury

• Oxygen deprivation-related brain injuries (anoxic injuries)

• Seizures

• Sensory organ damage

• Skull fractures 

• Traumatic brain injuries

If you have a secondary head issue — like a hematoma that develops because of a skull fracture — workers’ comp covers that. Injuries that affect other parts of your body, like your neck, shoulders, back, muscles, or nerves will also qualify.

For more, read our guide to injuries and illnesses that qualify for workers’ comp.

When will workers’ comp give a settlement for head injuries?

Not every workers’ comp case results in a settlement, even for serious head injuries. Sometimes the insurance will opt to pay your medical care and lost wages until you can return to work. Because head injuries can get serious fast, though, insurance companies may choose to offer a lump-sum settlement in place of ongoing benefits.

A settlement offer is most common either immediately after you file your claim — so insurance avoids the potentially expensive care that comes with many head injuries — or around the time you reach maximum medical improvement (MMI). MMI is the point where you’ve recovered as much as possible, even if you don’t return to your pre-injury state. By waiting until that point, the insurer will have a clear sense of your medical condition and how much more treatment you’ll need.

Other factors could also play a role in when you get a settlement. As an example, insurers may offer a settlement toward the end of the year so they can close the books on that claim before starting a new fiscal year.

What should I do if I get a settlement offer?

There are three basic options after you receive a settlement offer:

1. Accept the offer as is.

2. Negotiate for a higher settlement amount.

3. Reject the offer to continue receiving your existing benefits.

Any of the three options could be right for you, so it’s important to consider each one carefully. Once you sign the settlement contract, your claim is closed and you can’t receive additional workers’ comp payments for that same injury.

To ensure you get a fair settlement, we recommend talking with an experienced workers’ comp lawyer. They’ll explain your options and talk to the insurance company’s legal team for you. A good lawyer will also have medical experts they trust to give a diagnosis of your condition and estimate how much future medical care could cost you.. This is especially important for head injuries, since side effects are hard to predict and might not crop up until weeks or months later.

Besides helping you negotiate a settlement, a lawyer also helps throughout the process by filing paperwork, scheduling medical care, and handling conversations with your employer or the insurance. Learn more about what workers’ comp lawyers do.

How much does workers’ comp pay if I don’t settle?

Most workers can expect payments worth up to two-thirds (66.67%) of their average weekly wages. You could receive slightly more or less depending on where you live. (See how much workers’ comp pays in your area.)

The insurance company will also pay for all necessary medical care. How much that is worth depends on your situation. The more care your doctor recommends — from computed tomography (CT) scans to prescription medications to a neck brace — the higher the medical bills will go. Insurance should aso cover copays, coinsurance, and potentially travel expenses.

Payments and medical coverage usually last until you return to work, reach MMI, or sign a settlement contract. If you reach MMI but don’t fully recover, your workers’ comp will give you an impairment rating (ranging from zero to 100) that is used to determine the value of your long-term (permanent disability) benefits. If you are receiving permanent benefits, you may also want to consider applying for Social Security Disability Insurance (SSDI), which offers monthly payments and free or low-cost health insurance.

Do I need a workers’ comp lawyer?

While it isn’t a requirement, hiring a lawyer can make a big difference for most (if not all) people who are negotiating a workers’ comp settlement. Not only will they help you fight for a fair payout, but they’ll talk to insurance on your behalf so that you don’t need to talk with the insurer’s lawyers on your own.

Atticus can connect with an experienced lawyer in your area today. You’ll get a free consultation and if you decide to work with our lawyers, you won’t pay anything upfront or until after you get your settlement.