Nothing in this article should be taken as legal advice. Every case is different.
A concussion or other brain injury from an accident at work is covered by Virginia workers’ comp, the same as a broken bone. It can pay for your treatment, two-thirds of your average weekly wage while you can’t work, and, if the brain injury is so severe that you can never work again, wage checks for the rest of your life (Va. Code § 65.2-503(C)(3), § 65.2-500(D)). The hard part is usually proof. Concussion symptoms can show up hours or days later, and the insurance company knows the injury is hard to see.
What Virginia Workers’ Comp Pays for a Concussion or Brain Injury
| Benefit | What it pays | Law |
|---|---|---|
| Wage checks while you can’t work (temporary total disability) | Two-thirds of your average weekly wage, up to a weekly maximum. For injuries on or after July 1, 2026, the maximum is $1,507.01 a week. | Va. Code § 65.2-500 |
| Wage checks on light duty at lower pay (temporary partial disability) | Two-thirds of the difference between what you earned before and what you earn now | Va. Code § 65.2-502 |
| Medical treatment | Necessary treatment for the injury, which for a brain injury can include a neurologist, neuropsychological testing, and vestibular, speech, or cognitive therapy | Va. Code § 65.2-603 |
| Permanent and total disability | Lifetime wage checks when the brain injury is “so severe as to render the employee permanently unemployable in gainful employment” | Va. Code § 65.2-503(C)(3) |
| Permanent partial disability | Not paid for the brain itself. Paid for a rated permanent loss listed in the law, such as permanent loss of vision in an eye (up to 100 weeks), loss of hearing in an ear (up to 50 weeks), loss of use of an arm or leg, or severe disfigurement. Partial losses are paid in proportion. | Va. Code § 65.2-503(B) |
| Vocational rehabilitation | Help returning to suitable work, including retraining | Va. Code § 65.2-603 |
Workers’ comp does not pay for pain and suffering. Wage checks are not paid for the first seven days you are out of work, but if you are out more than three weeks, those first seven days are paid too.
Is a Concussion at Work Covered?
A concussion is covered when it comes from an accident that happened in the course of your job and arose out of it (Va. Code § 65.2-101). Most work concussions come from one of these:
| How it happened | Usually covered? |
|---|---|
| Struck by a falling object, a swinging load, a door, or equipment | Yes |
| A fall from a ladder, scaffold, truck, or loading dock | Yes |
| A slip or trip on something at work, such as a wet floor or a cord | Yes |
| A car or truck crash while driving for work | Usually yes. See car accidents at work in Virginia. |
| Assaulted by a customer, patient, or inmate because of the job | Often yes, when the risk comes from the work |
| A fall with no work cause, such as fainting from a personal medical condition onto a flat floor | Often denied. The insurance company argues the risk came from you, not the job. It can still be covered if the job made the fall worse, such as a fall from a height or into machinery. |
Whose fault the accident was generally doesn’t matter. The employer’s fault is not the question. Your own conduct can be, if the insurance company proves willful misconduct, such as knowingly breaking a safety rule (Va. Code § 65.2-306).
Why Concussion Claims Are Hard to Prove
Concussion symptoms can be delayed, can be subtle, and can look like other problems. The CDC says some symptoms “may not appear for hours or days after the injury” and can affect how you feel, think, act, or sleep (CDC). The CDC also notes that problems may be overlooked by the injured person, by family, or by the health care provider.
That creates the openings the insurance company uses:
- “You didn’t mention your head.” The emergency room treated the cut, the shoulder, or the broken wrist, and the chart never says you hit your head. Weeks later, the headaches and memory problems look unrelated.
- “The scan was normal.” A normal CT scan is common in a concussion claim, and the insurance company will treat it as proof nothing is wrong.
- “It’s all subjective.” Headaches, fog, dizziness, and light sensitivity are things you report, not things a test measures. Neuropsychological testing is often what fills that gap.
- “It was already there.” Prior concussions, migraines, sports injuries, depression, or ADHD in your records become the explanation for everything.
- “You’re better now.” The CDC says most people with a mild concussion feel better within a couple of weeks (CDC). When you don’t, expect an independent medical exam with a neurologist the insurance company picks (Va. Code § 65.2-607). Here’s how to prepare for an IME in Virginia.
Those are a few of many defenses. And the injury itself makes the claim harder to run: memory problems make it hard to keep track of appointments, deadlines, and what the adjuster said on the phone.
Post-Concussion Syndrome and Long-Term Symptoms
When concussion symptoms last for months, the question becomes whether your doctors can tie them to the accident. Long-lasting headaches, dizziness, trouble concentrating, sleep problems, and mood changes are often called post-concussion syndrome. The medical evidence that usually carries these claims:
- An early record of the head injury. The first chart note that says you hit your head, or were dazed, or lost consciousness.
- A consistent symptom history from visit to visit, without long gaps in treatment.
- A treating doctor in the right field, usually a neurologist, who says the symptoms come from the work accident.
- Testing that measures the problem, such as neuropsychological testing, vision testing, or balance testing.
- Work restrictions in writing. Wage checks follow what your doctor says you can and can’t do.
Depression, Anxiety, and Personality Changes
Depression or anxiety caused by a work injury can be part of the workers’ comp claim. The Court of Appeals of Virginia has upheld wage benefits where a work injury made a worker’s existing depression worse and kept her out of work (Yellow Freight Systems, Inc. v. Robinson, 37 Va. App. 436 (2002)). After a brain injury, mood and personality changes are common, and family members often notice them first. Tell your doctor, and ask for a referral if you need one. Here’s more on injuries that follow from the first one.
When a Brain Injury Means Lifetime Benefits
Most Virginia wage checks stop at 500 weeks (Va. Code § 65.2-518). A brain injury severe enough to make you permanently unemployable is one of the exceptions. Under § 65.2-503(C)(3), the Commission awards permanent and total disability for “injury to the brain which is so severe as to render the employee permanently unemployable in gainful employment.” Those checks “continue for the lifetime of the injured employee without limit as to total amount” (§ 65.2-500(D)).
The words that get fought over are “permanently unemployable.” Being unable to do your old job isn’t enough. The question is whether you can do any real gainful work, and the insurance company will usually hire a vocational consultant to say you can. A job your employer makes up just for you, with no real business need, doesn’t count (Great Northern Nekoosa Corp. v. Wood, Va. Ct. App. 2001). Here’s more on how long workers’ comp lasts in Virginia.
What Is a Concussion or Brain Injury Claim Worth?
No one can fairly value a brain injury claim without the medical records. Two people with the same diagnosis can have very different claims.
“On the first call, I won’t guess what your case is worth. I don’t know anything about it yet. Any lawyer who puts a number on it that early is making it up.” (Bryn Swartz)
What usually moves the value:
- How long you’re out of work, and whether you can go back to the same job at the same pay.
- Your average weekly wage, which sets the size of every check.
- Whether the injury is permanent, and whether it reaches the permanent and total disability rule above.
- Future medical care, such as ongoing neurology, therapy, and medication. A full and final settlement usually closes your medical benefits for good.
- How strong the proof is that the accident caused your symptoms, including the early records.
- Whether someone outside your employer caused it, such as another driver, which can mean a separate injury claim against that person. The comp insurance company has a lien on that recovery (Va. Code § 65.2-309).
Any settlement has to be approved by the Commission (Va. Code § 65.2-701). Here’s more on workers’ comp settlements in Virginia.
Steps to Take After a Head Injury at Work
- Get checked the same day, and tell the doctor you hit your head, even if the other injury hurts more. Ask that it be written down.
- Report the accident to your employer in writing right away. The law gives you 30 days, and missing it can cost you benefits unless you have a good reason (Va. Code § 65.2-600).
- Keep a symptom log, or have someone at home keep it for you: headaches, dizziness, memory lapses, sleep, mood, and light or noise sensitivity.
- Pick a doctor from the panel your employer offers, and ask for a neurology referral if symptoms last. Here’s how choosing a workers’ comp doctor works in Virginia.
- File your claim with the Commission within two years (Va. Code § 65.2-601). File it even if the insurance company accepted the claim and is paying.
- Don’t give a recorded statement while you’re still foggy. You can ask to schedule it for later. Here’s what to know before a recorded statement.
Concussion and Workers’ Comp Questions
Do I Have to Lose Consciousness for It to Count as a Concussion?
No. The CDC describes a concussion as caused by a bump, blow, or jolt to the head, or a hit to the body that shakes the head and brain (CDC). Passing out is not part of that definition. For the claim, what matters is whether your doctor diagnoses the injury and ties it to the accident.
My Symptoms Started a Few Days After the Accident. Is It Too Late?
No. Delayed symptoms are common with concussions. Get seen as soon as they start, tell the doctor about the accident, and give your employer written notice if you haven’t already.
Can I Sue My Employer for a Brain Injury?
Generally no. Workers’ comp is the only claim against your employer or a coworker. If someone outside the company caused the accident, such as another driver, you may have a separate injury claim against that person.
Talk to Pathfinder Injury Law About a Work Head Injury
Pathfinder Injury Law handles only Virginia workers’ compensation claims. Call 804-505-0633 or use our online contact form.