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Some workplace injuries and illnesses are so severe that a person is never able to return to work. In the worst cases, an accident can be so severe that it results in the loss of life. The term “catastrophic” is used to describe the most severe injuries a person can suffer, resulting in the highest levels of pain, cost and impairment.
Catastrophic injury cases differ from other personal injury cases in that it’s often much more difficult to calculate the long-term costs associated with a serious injury and demonstrate the true impact of the injury on the victim and their family.
Just because an injury is catastrophic doesn’t mean it’s visible. For instance, internal damage such as a traumatic brain injury or serious back injury may greatly impact a person’s quality of life, but they aren’t always evident to anyone other than the person suffering from these conditions.
In the workplace, serious accidents or occupational illnesses may result in expensive medical bills and prevent a person from being able to work, causing tremendous financial hardship and stress. With typical workers’ compensation claims, 400 weeks is the maximum amount of time someone can collect benefits.
But what do you do if you’ve suffered a traumatic brain injury? Or what if you’ve suffered a serious back injury that’s permanent but not so clearly defined in Georgia’s Workers’ Compensation law? What if a loved one was killed?
Every catastrophic injury is different, but almost all cases have a common theme: they could have been prevented. These injuries are often caused by human error or recklessness. For instance, maybe a distracted driver hit into your vehicle, causing severe whiplash and chronic back pain. Or perhaps an employer failed to provide a safe work environment which contributed to your head injury.
Thousands of American workers face these scenarios each year. If you or a loved one are in this predicament, it’s time to talk to an Atlanta catastrophic injury lawyer at the law firm of Gerber & Holder Workers’ Compensation Attorneys to learn about your legal rights to workers’ compensation.
We can make sure you get the lifetime benefits you need in your case.
Contact us today for your free consultation.
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History of catastrophic work injury claims and Georgia law
Prior to 1992, there was no time limit for the receipt of indemnity benefits, also known as wage loss benefits. An injured worker could receive indemnity benefits for the remainder of their life, regardless of whether or not the injury was deemed “catastrophic” or not. If an injured worker wasn’t able to return to their pre-injury employment, they would, in theory, be eligible for lifetime benefits.
In 1992, however, the state legislature of Georgia amended the workers’ compensation statute. As of July 1, 1992, an injured worker is only eligible for indemnity benefits for up to 400 weeks, unless they’re legally deemed to have a catastrophic injury. The calculation of the 400 weeks begins with the date of the injury—not with the first date that an employee goes out of work.
Indemnity benefits are calculated by taking the average of the 13 weeks prior to the injury and multiplying it by two-thirds. As of July 2023, the maximum amount of benefits an injured worker can receive is $800 per week.
Medical treatment on the injured body part was available to the injured worker for life up through 2013. At that point, the Georgia legislature changed the law and limited medical treatment for the injured body part to 400 weeks.
There are a few exceptions to this rule, one of which is if the case is determined to be catastrophic.
Furthermore, Georgia law (O.C.G.A. § 34-9-200) was again amended in 2019 to remove the 400-week cap on non-catastrophic claims on medical benefits for prosthetic devices, spinal cord stimulators or intrathecal pump devices and durable medical equipment, orthotics, eyeglasses, and hearing aids, which were originally provided during the initial 400 weeks. This change was made retroactive by its terms and applies to injuries arising on or after July 1, 2013.
Below, we will explore how a claim is determined to be catastrophic.
What is a catastrophic injury?
Georgia law (O.C.G.A. 34-9-200.1(g)) defines a catastrophic injury as one of the following injuries that occur in the scope and course of employment:
- Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk
- Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage
- Traumatic brain or closed head injury
- Second- or third-degree burns over 25% of the body as a whole, or third-degree burns to 5% or more of the face or hands
- Total or industrial blindness
Any other injury of a nature and severity that prevents the employee from being able to perform his or her prior work—or any other work available in substantial numbers within the national economy for which the employee is otherwise qualified—may also be categorized as “catastrophic.”
That’s a whole lot to unpack, so let’s address each one of these categories individually.
Short & long-term costs of a catastrophic injury:
- Emergency room visits
- Hospital stays
- Ongoing medical care
- At-home nursing care
- Medications
- Physical and occupational therapy
- Counseling
- Adaptive equipment & technology (hospital bed at home, wheelchairs, a lift, etc.)
- Retrofitting a home to accommodate a wheelchair
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Disfigurement
Spinal cord injury and paralysis
The first category is fairly self-explanatory. If the injury sustained by the worker results in them becoming paraplegic or quadriplegic, by definition, the case is deemed catastrophic. If the case is accepted and deemed compensable by the insurance carrier, then it is catastrophic, and the injured worker is entitled to medical treatment and indemnity benefits for life.
Severe burns
For a work-related burn injury to be considered “catastrophic,” a worker must have suffered second- or third-degree burns over 25% of the body as a whole or third-degree burns to 5% or more of the face or hands. A statement from a treating physician is needed to determine the percentage and nature of the burns on the injured worker.
Traumatic brain or head injury
A severe brain or closed head injury is defined by Georgia workers’ compensation statute (34-9-200.1) as involving at least one of the following health conditions:
- Severe sensory or motor disturbances
- Severe communication disturbances
- Severe complex integrated disturbances of cerebral function
- Severe disturbances of consciousness
- Severe episodic neurological disorders
To confirm any of the conditions listed above, you’ll need a diagnosis from a doctor or other medical provider. Due to their nature, brain and head injuries are difficult to prove, although advanced medical technology is helping doctors better assess the damage done after a workplace accident.
Amputation
The second example of a catastrophic injury includes the amputation of an arm, foot, hand or leg involving the loss of use of that body part. This means that even if an individual loses half a foot or hand but effectively loses the entire use of that appendage, then their case is deemed catastrophic. This means there shouldn’t be any litigation once it’s determined that the accident took place on the job.
It’s important to note that the loss of a finger or toe isn’t necessarily considered a catastrophic injury. While it’s true that an injury would be considered catastrophic if a finger is lost and renders the injured worker’s hand non-functional, this is typically a hard burden to reach. The same applies to injuries to the toes and the foot.
Blindness
The State Board of Georgia has taken the position that industrial blindness means vision of 20/200 or less, even with all corrective lenses and measures taken. As with burn injuries, a statement from a treating physician is needed to determine total or industrial blindness.
Miscellaneous catastrophic injuries
The final category was created to be a catch-all category. Any other injury of a nature and severity that prevents the employee from being able to perform their prior work, as well as any other work available in substantial numbers within the national economy for which such employee is otherwise qualified, may also be considered catastrophic. These might include severe back or neck injuries or multiple bone fractures.
The state board of workers’ compensation has taken the position that the injury must render the injured worker unable to work not just in their prior job but in any job available in substantial numbers within the national (not local) economy.
Unfortunately, this means that if any other jobs exist in the national economy that an injured worker could perform, even if they happen to live in a rural area where there is no such work available to them nearby, their injury will not be deemed catastrophic.
Experts are typically hired by both the insurance carrier and the counsel for the injured worker to litigate this matter. For example, let’s say an individual hurts their back and is therefore limited to sedentary work only. Even if no sedentary work is available with their former employer or in their town, the injury is not deemed catastrophic under Georgia statute.
However, keep in mind that there must be jobs available in significant numbers within the economy. There cannot be a random job in, say, Sioux City, Iowa, that can comply with the injured workers’ restrictions.
It’s vital that you understand your state’s unique rules and what benefits your family is entitled to receive.
Types of injuries covered by Georgia workers’ compensation claims
What benefits are available for a catastrophic work injury?
Permanent partial disability ratings are not available in catastrophic cases. The reason for this is that the injured worker hasn’t reached maximum medical improvement (MMI) and continues to receive medical treatment.
If a case is deemed to be catastrophic, the injured worker is entitled to:
- Indemnity benefits (wage loss benefits) without a time limit cap on those benefits
- Medical benefits for treatment on that body part for the rest of their life
- A rehabilitation supplier who shall furnish the injured worker with reasonable and necessary rehabilitation services
Rehabilitation services include communicating with the injured employee and others to assess, plan, implement, coordinate, monitor, and evaluate options and services to meet an injured employee’s rehabilitation needs to effect a cure, give relief or restore the employee to suitable employment.
The catastrophic rehabilitation supplier shall meet with the injured employee within 30 days of the appointment and complete an initial rehabilitation evaluation and an appropriate plan (WC-R2A) for medical and/or vocational services. Finally, the designated rehabilitation supplier may arrange for services outside of their scope of expertise and qualifications.
If a worker is killed as a result of a workplace accident, their surviving dependents (spouse and children) may receive workers’ comp death benefits for the loss of the deceased’s income. This compensation is typically two-thirds of the employee’s average weekly wage, up to the maximum allowed under Georgia law. A one-time $7,500 check for funeral expenses may also be paid.
Catastrophic work injuries and Social Security disability
We have many clients who are receiving Social Security Disability Income (SSDI) benefits as a result of their on-the-job injury. They are receiving these benefits because they are unable to work and the Social Security Administration has made a determination that they are disabled.
The state of Georgia, however, has determined that while being on SSDI benefits is admissible as evidence, it is not determinative in deciding if an individual is eligible for catastrophic designation.
Are catastrophic workers’ compensation benefits permanent?
Once a case is determined to be catastrophic, it doesn’t mean that it will always be catastrophic. An insurance company can litigate to try and prove that the injured worker has improved to the point that their claim no longer falls within one of the categories mentioned above—or that the individual is capable of performing work once again.
This can especially occur in the case of an amputation where the injured worker is able to return to work with the use of their injured appendage or after a recovery from a serious brain injury. In such cases, the burden will be on the insurance company to prove that the injury no longer qualifies as catastrophic.
Statute of limitations for catastrophic work injury claims
Lastly, it should be noted that the statute of limitations still applies to requests to make a claim catastrophic if it’s not voluntarily accepted as such by the insurance company. Therefore, the injured worker has 2 years to file a request for catastrophic designation after the last receipt of indemnity benefits—or 1 year from the date they last received medical treatment.
If you’re injured on the job, you should know that you have certain rights, benefits and responsibilities.
Get help from an experienced Atlanta workers’ compensation attorney after a catastrophic injury or illness
The most common initial response to a non-fatal catastrophic injury is depression. In fact, according to studies, about 6% of patients with a spinal cord injury commit suicide. If you or a loved one recently suffered a catastrophic injury at work or elsewhere, first and foremost, it’s important to know that you’re not alone. Second, know that you have legal rights to compensation.
People who’ve suffered a catastrophic injury or family members of a worker who was killed in a workplace accident may qualify for lifetime income benefits. However, when workers’ compensation isn’t enough, seriously injured workers or their families must turn to civil litigation to recover the full costs of a catastrophic work injury or illness.
The Atlanta catastrophic injury lawyers at Gerber & Holder Workers’ Compensation Attorneys have the experience to fight for your rights and secure those benefits. Our compassionate attorneys have over 75 years of combined experience advocating for seriously injured workers and are two of the most well-regarded workers’ compensation attorneys in Georgia. They can also help when your injury is permanent but isn’t so clear-cut, such as neck injuries or other problems.
If you or a loved one has a permanent catastrophic injury because of work, contact us today for your free consultation.
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Our record for workers’ compensation catastrophic work injury claims speaks for itself:
