Serious injuries turn people’s lives upside down, with the physical and mental challenges of recovery consuming each day. If you suffered a catastrophic injury on the job, your challenges include the complicated task of figuring out how workers’ compensation may apply to your case.
Our Athens catastrophic injury lawyers have a long history of fighting for the rights of individuals who’ve suffered work-related injuries. Bader Scott Injury Lawyers’ workers’ compensation attorneys will guide you through the entire process, lifting the stress of detangling workers’ compensation from your shoulders as we assist you in seeking an appropriate settlement.
Catastrophic Designation in Georgia
Having your on-the-job injury designated catastrophic versus non-catastrophic determines the benefits you may receive and the length of time you may receive them. Usually, an authorized treating physician and possibly a vocational expert will provide statements as to your injury’s designation. That designation may be contested; if it is, you may want to consult an attorney knowledgeable in workers’ compensation law.
In Georgia, the state defines a catastrophic injury in O.C.G.A. § 34-9-200.1. The Code includes five rather specific definitions and one that is more of a catch-all:
- Spinal cord injury involving paralysis
- Amputation of a limb or part of a limb that causes loss of use of an appendage
- Severe brain or closed head injury
- Second- or third-degree burns over a percentage of the body
- Total blindness or degradation of vision to the degree that makes work impossible
- The catch-all: Any injury that prevents you from performing the work you were doing or prevents you from performing any other available work for which you are qualified
The State Board of Workers’ Compensation usually has no problem designating an injury as catastrophic if medical documentation supports the injury as falling under one of the first five categories listed.
Under the catch-all sixth category, it comes down to the ability to return to “suitable employment.” Such employment is deemed to be eight hours a day and may consider the following:
- Can you perform the work you were doing before the accident or
- If you cannot perform in your previous job, do your work history, age, and education indicate you have skills that qualify you to perform other work?
If you don’t have other skills and the employer cannot accommodate the necessary restrictions which may allow you to perform some work (such as remaining seated while performing the job you had previously), then your injury will probably be deemed catastrophic.
For a free legal consultation with a catastrophic injury lawyer serving Athens, call (404) 888-8888
How a Catastrophic Designation Affects Your Benefits
If you get hurt at work to the degree that you cannot work again or cannot work at the same income level, the financial strain is real. Pursuing the full compensation due to you is imperative for your and your family’s future.
A catastrophic designation may help you in the following ways:
Medical Treatment
You will receive medical treatment for your injury for the rest of your life.
Indemnity Benefits
This benefit provides lifetime income to make up for your lost wages. Be aware that the amount is typically a percentage (less than 100%) of your previous salary.
Rehabilitation Benefits
A licensed and trained rehabilitation supplier or coordinator registered with the state of Georgia is assigned to you when your injury is officially deemed catastrophic. They will coordinate the care and services you need and develop care plans, including but not limited to rehab, medical, living, and vocational.
It’s important to note that you are required to accept the rehabilitation benefits the coordinator considers appropriate for you. Our workers’ compensation attorneys will discuss this with you more fully early in the process.
Athens Catastrophic Injury Lawyer Near Me (404) 888-8888
A Change in Your Catastrophic Injury Designation
If your employers and/or their insurance company believe your health has improved to the point that your injury no longer meets the state’s definition of catastrophic or no longer prevents you from working, they may choose to try and prove that point and have the catastrophic designation removed.
If this happens, your benefits will change, even possibly leaving you with no benefits.
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Working With Our Athens Catastrophic Injury Attorney
What is and is not allowed under Georgia’s workers’ compensation program is complex and becomes more so when one’s injury is serious enough to potentially be considered catastrophic. However, it is critical to understand the ins and outs of the statutes to protect yourself and your future.
Attorneys with a history in workers’ compensation can help you pursue and optimize the following:
- A catastrophic designation
- Receipt of all the medical care due you for as long as you need it
- Appropriate compensation for past, present, and future lost or reduced income
- Collection of evidence and filing of a claim before the statute of limitations expires
- Collection of evidence of negligence on the part of another which may have contributed to your work-related accident
- If you suffered the loss of a loved one to a work-related catastrophic injury, our wrongful death attorney can help you in your pursuit of benefits owed to family members.
You do not have to hire an attorney who knows Georgia’s workers’ compensation laws, but it could benefit your case to consult with one.
Call Bader Scott Injury Lawyers for Help After an Athens Catastrophic Injury
The attorneys and legal staff at Bader Scott Injury Lawyers work toward one goal above all others—helping our clients in their pursuit of a full and fair compensation settlement or judgment. Those facing perhaps a lifetime of fallout from a catastrophic injury or the heartache of losing a loved one to such an injury are in particular need, and we apply our years of working in the arena of workers’ compensation to achieving the best possible outcome for each client.
Call our office for your free initial consultation. We want to hear your story to better understand the physical, emotional, and financial challenges you face so we can craft a plan to get you the assistance you need as quickly as possible.Call or fill out our online contact form to get to work today.
Call or text (404) 888-8888 or complete a Free Case Evaluation form