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March 9, 2023Catastrophic injuries can be life-altering and cause significant financial hardships for injured workers and their families. It is important for workers to understand their rights and options for seeking compensation for a catastrophic injury in the workplace.
A catastrophic injury is a severe injury or illness that causes long-term physical or mental disability or death. It can be caused by anything from a workplace accident to occupational disease. These injuries can be both physically and emotionally devastating, leaving the injured worker unable to work or, in some cases, care for themselves.
Continue reading to find out how to deal with a catastrophic injury in the workplace in the state of Georgia.
What Qualifies as a Catastrophic Injury?
A catastrophic injury is one of the following injuries that happen within the scope and duration of employment, according to Georgia law (O.C.G.A. 34-9-200.1(g)):
Damage to the Spinal Cord and Paralysis
A case is considered catastrophic if the worker’s injury causes them to become paralyzed or quadriplegic. The wounded worker is entitled to lifetime indemnity benefits and medical care if the case is accepted and the insurance company determines it to be compensable.
Severe Burns
A worker must have endured second to third-degree burns covering more than 25 percent of their entire body or third-degree burns covering more than 5 percent of their face or hands in order for a burn injury sustained at work to be deemed catastrophic.
The percentage and type of burns on the wounded worker must be determined by a declaration from the treating physician.
Amputation
The amputation of an arm, foot, hand, or leg—which results in the loss of use of that body part—is another illustration of a catastrophic injury. This implies that even if a person just loses a portion of a hand or foot but still has full function of those limbs, their situation is still considered catastrophic.
However, the loss of a finger or toe isn’t always regarded as a devastating injury. Even though losing a finger and making the wounded worker’s hand immobile would constitute a catastrophic injury, this is often a difficult standard to meet. The same is true for toe and foot ailments.
Brain or Head Injuries from Trauma
According to Georgia’s workers’ compensation law (34-9-200.1), a serious brain or closed head injury involves at least one of the following medical conditions:
- Severe disruptions of the senses or muscles
- Severe disruptions to communication
- Severe, comprehensive, and integrated brain disorders
- Severe consciousness-related disturbances
- Serious episodic neurological conditions
You will require a doctor’s or other medical provider’s diagnosis to confirm any of the disorders mentioned above.
Although cutting-edge medical technology is assisting doctors in better assessing the harm done after a workplace accident, brain and head injuries are not easy to prove due to their nature.
Blindness
According to the State Board of Georgia, even with all corrective lenses and precautions taken, industrial blindness is defined as a vision of 20/200 or below. To determine complete or industrial blindness, a treating physician’s statement is required, the same as with burn injuries.
Miscellaneous Catastrophic Injuries
Any other damage of a kind and degree that renders the worker incapable of performing their prior employment—as well as any other job that is readily available and for which the worker is otherwise qualified elsewhere in the country—may likewise be deemed catastrophic.
Conclusion
It is clear that for catastrophically injured workers, the right compensation should be a priority. Securing compensation will help ensure that these workers are able to cover their medical expenses, return to work, and live in a dignified manner despite the challenges of their injury.
Latin Law Group is here to help if you need legal assistance for a catastrophic injury in Atlanta, Georgia. Our legal professionals work specifically with individuals who have suffered injuries in auto accidents, slip and fall accidents, workplace incidents, and other personal injury cases.
We know the law and can make a huge difference in the outcome of your personal injury case. Contact us today for an appointment.