When handling and working towards settlement of a
Workers' Compensation claim, there are various particular situations that may arise and specific
issues that may come up that may require some type of special handling
by the Atlanta workers' compensation lawyer that represents you.
catastrophic injuries are generally not subject to the ceiling of 350 or 400 weeks on TTD and
TPD benefits. In such cases, the Employee/Claimant can receive TTD benefits
until it can be shown that a change in condition for the better has occurred;
this could result in receiving weekly TTD benefits for life, in appropriate cases.
O.C.G.A. Sec. 34-9-200.1(g) defines catastrophic injuries, which include
various specifically delineated injuries of a very severe nature with
particular accompanying problems, including spinal cord injuries involving
paralysis; certain types of amputations; severe brain or closed head injuries
as evidenced by particular symptoms; severe burns of a designated nature;
total industrial blindness; and a last, catch-all category, contained
in O.C.G.A. Sec. 34-9-200.1(g)(6).
This g(6) type of catastrophic case, as it is called, is probably the most
frequently seen type of catastrophic injury case. O.C.G.A. Sec. 34-9-200.1(g)(6)
(6)(A) 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 . . .
This g(6) catastrophic designation is also subject to a rebuttable presumption
that the injured worker is no longer catastrophic when he reaches retirement age.
Catastrophic injury claims deserve and receive special treatment in Workers'
Compensation. Rehabilitation benefits are required in catastrophic cases,
whereas they are not mandatory in other types of cases. Medical expenses
may be quite considerable in catastrophic injury cases. Due to the lack
of a ceiling on TTD benefits, the value of future indemnity benefits for
TTD can also be quite high in catastrophic injury claims.
These types of claims can be difficult to evaluate for settlement, and
difficult to settle as well, particularly when the future medical expenses
are very high. Catastrophic injury cases will often linger for years until
the Employer/Insurer is convinced that the case is truly catastrophic,
and become willing to evaluate the claim at that level of exposure.
Special consideration must be devoted to the catastrophic injury claim
by the Workers' Compensation practitioner throughout the life of the
case, especially with regard to obtaining a catastrophic injury designation
- which is usually not automatic - and with regard to settlement negotiations.
If you have sustained catastrophic injuries in a
work-related accident, then speak with an Atlanta workers' compensation lawyer from our
firm. We have been handling workers' compensation cases in North Georgia
for over 22 and we know when to fight. There is
no fee unless we win, so don't hesitate to
contact our firm today!