Catastrophic Injury Lawyers in Cumming, GA

At Bourne Law Firm, our attorneys are dedicated to representing victims of catastrophic work injuries in Georgia. We understand the devastating physical, emotional, and financial impact these injuries can have on victims and their families, and our team is committed to securing the compensation you deserve under Georgia law.

Importance of a Catastrophic Designation in Your Workers’ Compensation Claim

Obtaining a catastrophic designation in your workers’ compensation claim is crucial, as it can significantly impact the benefits you receive. When your injury is classified as catastrophic under Georgia law, you become eligible for expanded benefits that can provide essential support for your recovery and ongoing needs.

Some of the key advantages of a catastrophic designation in your workers’ compensation claim include:

• Lifetime Medical Benefits: Unlike non-catastrophic injury claims, which are subject to a 400-week limitation for medical benefits, catastrophic injury claims provide lifetime medical benefits. This means that your medical expenses related to the work injury, such as surgeries, medications, physical therapy, and medical equipment, will be covered for as long as they are medically necessary.
• Extended Wage Loss Benefits: Catastrophic injury victims may be eligible for extended wage loss benefits, including Temporary Total Disability (TTD) and Permanent Partial Disability (PPD) benefits, beyond the typical caps established for non-catastrophic injuries.
• Vocational Rehabilitation Services: Injured workers with a catastrophic designation are entitled to receive vocational rehabilitation services, which can include job retraining, job placement assistance, and other resources to help them find suitable employment if they are unable to return to their previous job.

Securing a catastrophic designation for your workers’ compensation claim can make a significant difference in the financial support and resources available to you and your family. At Bourne Law Firm, our experienced attorneys will work diligently to obtain a catastrophic designation for your claim when appropriate, ensuring that you receive the full range of benefits you deserve under Georgia law. What Constitutes a Catastrophic Work Injury?

Catastrophic work injuries are severe injuries that result in permanent disability or disfigurement, making it impossible for the injured worker to return to their previous job or any other gainful employment. Under Georgia law, catastrophic work injuries are typically defined as one or more of the following:

• Spinal cord injuries involving paralysis
• Amputations
• Severe head injuries or traumatic brain injuries
• Severe burns
• Blindness

While these types of injuries are specifically listed under O.C.G.A. § 34-9-200.1(g)(1)-(5), the determination of whether an injury qualifies as catastrophic depends on the specific circumstances of the case and the evidence presented.

For example, under O.C.G.A. § 34-9-200.1(g)(2), amputation of an arm, hand, foot, or leg qualifies as catastrophic only if it involves the “effective loss of use of that appendage.” This means that not all amputations automatically meet the criteria; the injury must result in a functional loss of the appendage. This interpretation is supported by the reasoning in one case where the employee argued that the statute’s language implies that not all amputations are catastrophic, as some may not result in the effective loss of use of the appendage.

Similarly, for paralysis under O.C.G.A. § 34-9-200.1(g)(1), the statute specifies “severe paralysis of an arm, a leg, or the trunk.” The severity and impact of the paralysis on the employee’s ability to work must be demonstrated to meet the catastrophic designation.

Often times, an injured worker may need to hire an attornet to help them get a catastropic designation. In cases where the injury does not fall under the first five categories (e.g., amputation, paralysis, severe head injury, burns, or blindness), the sixth category under O.C.G.A. § 34-9-200.1(g)(6) applies.

The “Catch-All” Provision Under O.C.G.A. 34-9-200.1(g)(6)

In addition to the specific types of catastrophic work injuries mentioned earlier, Georgia law includes a “catch-all” provision under O.C.G.A. 34-9-200.1(g) for other severe work-related injuries. This provision states that a catastrophic injury can also include:

• “Any other injury of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy for which such employee is otherwise qualified.”

Essentially, this “catch-all” provision allows for the classification of a work injury as catastrophic if it is severe enough to prevent the injured worker from returning to their prior job and from finding other suitable employment within the national economy. This provision ensures that workers with injuries that may not fall under the specific categories listed in the statute can still receive the same level of benefits and support as those with defined catastrophic injuries.

We Can Help You Obtain a Catastrophic Designation

The burden of proof lies with the claimant to establish by a preponderance of competent and credible evidence that their injury meets the statutory definition of catastrophic. claimant may present testimony or reports from vocational experts to demonstrate that jobs they could otherwise perform are unavailable due to their limitations. This is often a critical component of proving a catastrophic claim

Hiring a skilled lawyer is essential for obtaining a catastrophic designation in your workers’ compensation claim. An experienced attorney can provide invaluable assistance in navigating the complex process and ensuring that you receive the benefits you deserve. Here are some ways a lawyer can help you secure a catastrophic designation:

• Evaluating Your Case: An attorney will assess your injury and determine if it meets the criteria for a catastrophic injury under Georgia law, including the “catch-all” provision in O.C.G.A. 34-9-200.1(g).
• Gathering Evidence: Your lawyer will work to gather crucial evidence to support your catastrophic designation, such as medical records, expert opinions, and other documentation that demonstrates the severity of your injury and its impact on your ability to work.
• Presenting a Strong Case: An experienced attorney knows how to present a compelling case to the workers’ compensation board or the insurance company, emphasizing the catastrophic nature of your injury and the need for expanded benefits.
• Navigating the Process: The workers’ compensation process can be complex and challenging, especially when seeking a catastrophic designation. A lawyer will guide you through each step of the process, ensuring that you meet all deadlines and requirements to maximize your chances of success.
• Appealing Decisions: If your initial claim for a catastrophic designation is denied, your attorney can help you appeal the decision and present additional evidence or arguments to support your case.
• Negotiating with Insurance Companies: Your lawyer will negotiate with the insurance company on your behalf to ensure you receive the maximum compensation and benefits you are entitled to under Georgia law.

The team at Bourne Law Firm has extensive experience in handling workers’ compensation claims involving catastrophic injuries. We understand the importance of obtaining a catastrophic designation for your claim, and we will work tirelessly to secure the benefits and compensation you deserve. Contact us today for a consultation to discuss your case and learn how we can help you