September 26, 2024 | Workers' compensation

Being injured in an accident is a devastating experience. While some injuries heal within weeks or months, the effects of others can be life-changing. These types of injuries are considered catastrophic injuries. While cases involving catastrophic injuries are similar to other workers’ compensation claims, there are some significant differences. Pursuing compensation for a catastrophic injury can be significantly more complex than pursuing financial recovery for other types of workplace injuries. Below, we take a look at catastrophic injuries and the legal complexities involved in pursuing compensation for these types of injuries.

Types of Catastrophic Injuries

• Traumatic brain injuries

These injuries occur as a result of a severe blow to the head. They can also occur as a result of a forceful jolt to the head or body. Damage to the brain tissue can result in long-term cognitive impairment, loss of motor skills, memory loss or even changes in personality. There are some instances where TBIs result in the victim being in a coma or permanent vegetative state.

• Spinal cord injuries (SCI)

Damage to the spinal cord is often irreversible. It can result in partial or complete paralysis in the limbs and organs below the site of injury. SCIs can affect mobility, sensory functions or even the functions of organs such as the bladder or bowels. SCIs often result in lifelong dependence on assistive devices such as wheelchairs or the requirement for long-term medical care.

• Loss of body parts

The loss of a limb or other body parts can occur as a result of various circumstances including car accidents, working with heavy machinery, industrial accidents, construction site accidents and even medical malpractice. Amputations can interfere with a person’s ability to work or carry out various tasks. These injuries often require extensive rehabilitation and can significantly limit job opportunities and enjoyment of life.

• Severe burns

Burn injuries are not only extremely painful but can also result in permanent scarring. Severe burns can also result in loss of mobility and function in limbs as well as other health complications. Victims of severe burns often require multiple surgeries and skin grafts.

Long Term Impact of Catastrophic Injuries

Catastrophic injuries are life-altering injuries and their long-term impact goes well beyond the physical injury itself.

• Physical limitations and diminished quality of life

Catastrophic injuries often result in permanent physical limitations, chronic pain and a diminished quality of life. Victims may never be able to return to work or carry out day to day tasks as they used to. They may require full time care from family members or a professional caregiver. They often suffer a diminished quality of life.

• Economic burden

Many individuals that suffer catastrophic injuries are unable to work and earn a living. This places a financial burden on the family especially if the victim was the primary bread winner. In addition, victims often require continual medical treatment for the rest of their lives as well as specialized care. This can be very costly. The victim and their loved ones will suffer tremendous financial strain.

• Emotional toll

Being involved in an accident is devastating. Suffering a catastrophic injury makes it even worse. Many victims suffer from depression, anxiety and post-traumatic stress disorder (PTSD) as they are faced with their new reality. The emotional toll of the catastrophic injury is also felt by their loved ones.

• Long term medical care

Catastrophic injuries frequently require continuous medical treatment such as physical therapy, pain management and surgeries. The costs of these treatments can accumulate rapidly and without sufficient compensation, the injured party may struggle to afford the care they need.

Potential Legal Complexities in Catastrophic Injury Cases

Catastrophic injury cases are far more complex than the typical workers’ compensation claim. This is mostly because of the severity of the injuries and their long-term impact. The compensation sought in these cases is significantly higher than in cases involving other types of injuries. The legal process is therefore more intricate. Some potential complexities that injured workers may encounter in these types of cases include:

• Providing the extent of the injury

Medical evidence is required in determining the severity of the injury and its potential long term impact. Due to the complex nature of these types of injuries, it can be difficult to determine the long-term impact of the injury. An experienced attorney can help with this by providing expert testimonies in addition to your medical records and prognosis.

• Negotiating benefits

Due to the complexity of these injuries and the potential need for long term medical treatment and other requirements, it can be difficult to determine how much would be fair compensation for the injured worker. Experienced attorneys rely on their experience handling similar cases as well as a network of professionals to determine the long-term financial burden that the victim will suffer. This ensures that you are able to pursue fair compensation.

• Permanent disability ratings

When the victim reaches maximum medical improvement (MMI), their healthcare provider will assign a permanent disability rating. This rating is vital in determining the long-term benefits the injured worker will receive. This can be difficult given the complexity of catastrophic injuries. It can be difficult determining the rating accurately especially where complications may arise.

Filing a workers’ compensation claim for a catastrophic injury can be a challenging and complex process. The attorneys at High & Younes Attorneys, LLC are experienced in handling these cases. We’ll fight to protect your rights and ensure your future is secured.

Workers’ Compensation Claims for Catastrophic Injuries