Catastrophic injuries can result in major changes to your day-to-day life, including being able to return to work, caring for family members, or even caring for yourself. Leaving you unsure of what to do next or how to recover the compensation you deserve.
Fortunately, you have options. Our Albany catastrophic injury lawyers are here for you. We understand the trauma and challenges you are facing. If you or a loved one have suffered catastrophic injuries from a worker’s compensation claim, our team can assist you.
Catastrophic Workers’ Compensation Settlement Factors
If you are suffering catastrophic injuries from a workers’ compensation accident, there may be a waiting period before you receive a settlement. However, once you do receive a financial award, there will be different types of benefits and amounts deducted from what you receive. A workers’ compensation lawyer can help evaluate your financial award amount.
Types of Workers’ Compensation Benefits
When you are injured in a work-related event, there are different types of compensation you could receive:
- Medical treatment costs related to the injury
- Mileage reimbursement for traveling to appointments
- Rehabilitation to help recover from the accident or learn how to utilize your body differently or recover skills, potentially vocational rehabilitation
- Compensation for loss of wages and benefits from not working or reduced earning capacity
- Compensation for permanent disability as a result of the injury
- Death benefits for the worker’s dependents if the worker passes away due to the injury.
Types of Disability Benefits
Disability benefits can help elevate some of the pressure of not working by compensating for some of your wages. There are four categories these benefits fall into depending on whether your disabilities are total or partial, as well as if they are partial, temporary, or permanent:
- Temporary total disability: If you are able to recover enough in the future to work again, the disability payments will end once you are recovered or once your medical team decides you have recovered to the full extent you will.
- Temporary partial disability: If your doctor states you can do some work for a limited time, you may be able to receive benefits that can help make up the difference between what you were earning prior to the injury and the reduced earnings you are experiencing.
- Permanent partial disability: If your injury involves some permanent damage that partially impairs your ability to work, benefits could compensate for a limited amount of time.
- Permanent total disability: If your sustained injuries are so severe that permanent damage will not allow you to return to your job, you may qualify for permanent total disability benefits.
There are many factors that go into determining disability benefits, including the amount you were earning prior to the injury.
Attorney Fees and Costs
During the initial agreement, we can discuss all fees and costs upfront. We work on a contingency fee basis, meaning we don’t get paid until you do. We are here to support you and help you receive the compensation needed to move forward from a traumatic event that has caused a major change in your day-to-day life.
Waiting Periods and Taxes
Typically, you do not have to pay income taxes on workers’ compensation benefits, which means the amount might be closer to what you are used to receiving in wages. After a waiting period, you will be able to start collecting temporary disability benefits.
For a free legal consultation with a catastrophic injury lawyer serving Albany, call (404) 888-8888
How to Determine You Are Eligible for a Catastrophic Injury Claim
A catastrophic injury can happen suddenly and be very serious and even life-threatening. O.C.G.A. 34-9-200.1g gives specific examples of what qualifies as a catastrophic injury in a workers’ compensation case, such as:
- Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk;
- Amputation of an arm, hand, foot, or leg involving the effective loss of use of that appendage;
- Severe brain or closed head injury that impacts sensory or motor, communication, cerebral function, consciousness, episodic neurological disorders;
- Second or third-degree burns over 25 percent of the body as a whole or third-degree burns to 5 percent or more of the face or hands;
- Total or industrial blindness.
It also states the injury must be severe enough it prevents the victim from being able to perform work at their place of employment as they did prior to the accident and affect any other potential work.
A Lawyer Can Help You File Your Claim
A lawyer can review your case and then begin to collect relevant evidence that can help with your case. Even though you can collect benefits without needing to file a lawsuit, hiring a lawyer can help file a report, appeal a denial and help determine how much you might be able to receive in workers’ compensation benefits.
A workers’ compensation lawyer helps you to receive the full benefits you need. Insurance companies can try to pay less than they should or can dispute whether the injury qualifies as catastrophic. Having a lawyer you trust, and can work closely with will help ensure your best interests are in mind while trying to fight for the benefits you deserve.
File Your Claim Quickly
It is important you file your claim as quickly as possible. Your employer’s insurance company has 21 days to investigate your injury and accident and file a report with the State Board of Workers’ Compensation (SBWC). However, you have one year from the date of the injury to file a claim with the SBWC. It is important that you report the injury when it happens.
Timeline for an Appeal
If your claim was wrongfully denied, you have the right to appeal that decision, but it is crucial you act fast because your time is limited. You only have 20 days from the decision date to file an appeal. Working with a lawyer can help ensure you file quickly within the timeline.
Albany Catastrophic Injury Lawyer Near Me (404) 888-8888
Call Bader Scott Injury Lawyers to Fight for Your Rights
If you or a loved one has suffered catastrophic injuries during a workplace accident, contact our lawyers at Bader Scott Injury Lawyers. We work for you to receive the compensation you deserve. We understand the trauma you are facing, which is why we want to take care of the legal aspects of your case so you can focus on receiving from your injuries.
Call or text (404) 888-8888 or complete a Free Case Evaluation form