What is considered a catastrophic injury and how is the workers comp case approached?

by Jodi B. Ginsberg on June 30, 2010

What are catastrophic injuries?

Depending on the nature of your on-the-job injury, you are entitled to certain benefits that Worker’s Compensation insurance provides for you as the injured employee. Typically, on-the-job injuries are categorized as either being “catastrophic” or “non-catastrophic.” Here are a few accepted categories of catastrophic injuries:

  • Severe paralysis
  • Severe head injuries
  • Severe burns
  • Blindness
  • Any type of injury which prevents you from performing your normal job responsibilities or some other job with another employer

In the state of Georgia, you are usually compensated at a rate of 2/3 of your average weekly wage up to a $500 per week maximum for the entire period of time that you are not able to perform your job. Additionally, Worker’s Compensation Insurance ensures that you receive ongoing medical care if that is necessary as well as any rehabilitative and vocational benefits.

Evaluating the nature of a catastrophic injury claim

As experienced Worker’s Compensation attorneys, we have developed a specific checklist in order to evaluate what your catastrophic injury claim is worth. Here are some key factors that we take into consideration:

  • How much medical attention will be required in the future?
  • Will you need corrective surgery in the future?
  • Are modifications to your home going to be necessary in order to accommodate you?
  • Will you need to modify your vehicle or perhaps purchase a new one that will accommodate your needs?
  • Are you going to need in-home health care?
  • What does the “Medicare Set Aside” provide you with?
  • As far as any post-settlement living expenses are concerned, what will Social Security provide you with?
  • Would it be in your best interests to receive a structured settlement?
  • Is settling in the beginning the best idea? In some cases, continuing to receive Worker’s Compensation benefits for months or even years is the best course of action.

There are other factors that we consider as well, but this list just gives you an idea of all the things we as your attorneys think about when you are trying to settle your catastrophic injury claim. Our goal is to ensure that you receive the maximum settlement possible given your condition and all of its ramifications.

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