Workers Compensation
Neuropsychological Evaluations in Workers' Compensation / Workmen’s Compensation Claims
Illinois workers’ compensation, also known as workman’s comp or workers’ comp claims, can be difficult to navigate because cognitive and emotional changes are often invisible. Unlike a broken limb, it is hard to prove or disprove cognitive challenges or emotional disorders in Workmen’s Compensation claims. Neuropsychological evaluations are pivotal in many worker’s compensation claims, providing an objective measure of a claimant’s cognitive and emotional functioning following an injury. These evaluations can objectively measure strengths and weaknesses and confirm the veracity of neurological deficits resulting from work-related injuries or illnesses.
For attorneys – both respondent’s and claimant’s – understanding the depth, scope, and prognosis of an injury can mean the difference between a successful and unresolved claim. When conducted impartially and thoroughly, such evaluations stand as robust evidence in legal proceedings. Increasingly, the legal profession relies on Independent Medical Examinations such as those conducted by neuropsychologists such as Dr. Brietzke.
Expert Independent Medical Examinations (IMEs)
Independent Medical Examination for Claimant
For claimant’s attorneys, a comprehensive neuropsychological evaluation can furnish solid evidence of cognitive, emotional, or behavioral impairments sustained by your client due to a work-related incident. This evidence can provide critical leverage when negotiating settlements or arguing for your client’s best interests in court. Furthermore, these evaluations can often elucidate the nature and extent of your client’s injuries, proving invaluable in quantifying damages, projecting future care needs, or guiding rehabilitation efforts. When the respondent questions the veracity of your client’s claims, the objective nature of neuropsychological evidence serves to clarify what is truly going on.
Independent Medical Examination for Respondent
Workers' Compensation Diagnoses Assessed
Many different diagnoses can be at question in workers’ compensation claims. Brain injuries and Posttraumatic Stress Disorder (PTSD) are the most common, but neuropsychologists are equipped to assess several other diagnoses, including:
- Toxin Exposure
- Chronic Pain Disorders
- Depressive Disorders
- Anxiety Disorders
- Somatization or Somatic Symptom Disorders
- Stroke or Cerebrovascular Accident
Head Injuries
The Forgotten Symptoms of a Head Injury
Depression After a Brain Injury
It is very common for people who have sustained any kind of brain injury to experience depression. Understandably, people get depressed when their thinking, lifestyle, and livelihood are threatened. Still, there are also strictly neurologic reasons why a brain-injured person’s outlook on the world may turn hopeless and dark.
Commonly, brain-injured individuals are quick to become emotional. Sometimes, this takes the form of crying at a minor frustration, or other times, being irritable and quick to anger is more obvious. It is also common for a brain-injured individual to be unaware of their irritability, feel criticized when asked, or prefer to deny that this is a problem.
PTSD Expert Assessment
Post-Traumatic Stress Disorder, or PTSD, can arise after experiencing or witnessing a traumatic event. The nature of its symptoms, sometimes subtle and sometimes delayed in onset, present unique challenges for the legal community.
The nuances of PTSD, like differing symptom presentations or the influence of pre-existing conditions, can greatly affect claims. Neuropsychologists must sift through many symptoms, some of which might be attributed to other psychological disorders. The key lies in comprehensive assessments, triangulating information from various sources, and ensuring that each finding aligns with the diagnostic criteria for PTSD. A balanced approach ensures that neither over-diagnosis nor under-diagnosis occurs, promoting fairness in worker’s compensation determinations.
Workers' Compensation - Providing Objective Proof
Through generally accepted, evidence-based techniques, neuropsychologists familiar with workers compensation evaluations can provide objective proof of which abilities have changed and how much. The measured nature and severity of these so-called posttraumatic sequelae provide information regarding whether an individual can eventually return to work or what the healing time needed to regain their previous level of functioning may be.
Fortunately, most brain-injured individuals’ thinking abilities improve with time, but not everyone’s memory, ability to think clearly, speak, understand others, and so on return to their previous baseline. Neuropsychological evaluation can address these issues as well.