A catastrophic injury under Georgia’s laws is one that involves paralysis, amputation, or blindness. Brain injuries, burns, and severely disabling injuries can also qualify as catastrophic injuries under the law. The definition of catastrophic injuries matters because it determines what kind of damages you can pursue after an accident.
Catastrophic injuries are those that can change your life forever and cause extreme losses. If you have catastrophic injuries from your work, an Atlanta personal injury lawyer can discuss your legal options for financial recovery.
Two Understandings of Catastrophic Injuries in Georgia
There are two understandings of catastrophic injuries that are important in Georgia: one for workers’ compensation cases and the other for general personal injury lawsuits.
Workers’ Compensation
The first understanding pertains to workers’ compensation laws in Georgia. OCGA 34-9-200.1 defines a catastrophic injury in Georgia as one that involves any of the following:
- Spinal cord injury involving paralysis of a limb
- Severe brain damage
- Sensor, motor, or communication disturbances
- Disturbance of cerebral function or consciousness
- Episodic neurological disorders
- Second or third-degree burns over 25% of the body
- Total blindness
- Any injury preventing you from working entirely
For a catastrophic injury to all under these rules, it must be a work injury. In other words, it must occur while you were at work performing job duties. This definition matters because it determines how long the injury victims can continue receiving workers’ compensation benefits.
Personal Injury
The other understanding pertains to personal injury lawsuits. Georgia doesn’t have a specific definition of catastrophic injury in this scenario. But catastrophic injuries in personal injury lawsuits can be defined as any injury that severely impacts bodily function and one’s ability to work.
Various kinds of accidents can cause catastrophic injuries, including car accidents, slip and fall accidents, medical malpractice, and defective products.
Why The Definition of Catastrophic Injuries Matters
Whether or not an injury is catastrophic matters because it affects what kinds of compensation you can recover and how much.
In the context of workers’ compensation, a catastrophic injury means that the standard 400-week cap on income replacement benefits doesn’t apply. This means you can potentially continue receiving your average weekly wage benefits for the rest of your life.
In personal injury cases, catastrophic injuries can justify the recovery of more compensatory damages. These injuries have a long-term impact on your life that extends to more than just your immediate medical bills and lost work income. You can recover compensation for reductions in your lifetime earning capacity or home and vehicle modifications for disability.
Examples of Catastrophic Injuries in Georgia
Below are some of the most common types of catastrophic injuries in Georgia that we see in our practice. If you are unsure whether your injuries count as catastrophic, you can discuss your case with a personal injury lawyer.
Traumatic Brain Injuries
Traumatic brain injuries can cause lasting motor, cognitive, and emotional issues that last your entire life. Brian’s injuries can cause severe motor dysfunction and cognitive impairments that make it difficult, if not impossible, to work.
Spinal Cord Injuries
Spinal cord injuries cause damage to the body’s spinal cord, which communicates with all other parts of the body. Spinal cord injuries can cause partial or full paralysis and result in chronic pain and mobility limitations.
Broken Bones
Broken bones can cause functional limitations and impairments that make them qualify as catastrophic injuries. Displacement fractures, in particular, can require the victim to keep the affected limb or body part completely immobile during recovery. Fractures can also cause muscle and tendon damage.
Internal Injuries
Internal injuries can cause organ damage that impacts bodily functioning. For example, damage to the kidneys or liver can prevent you from working or performing daily tasks.
Amputations
Amputations of bodily limbs and extremities can completely change one’s life and require them to completely change their daily routine. Amputees may no longer be able to perform their jobs or engage in any substantial gainful activity.
Burns
Thermal and chemical burns can cause scarring and disfigurement that impact mobility and functionality. Scarring from second- or third-degree burns can cause joint restrictions and may require extensive reconstructive surgery to restore function.
Toxic Exposure
Long-term exposure to toxic materials and substances can cause disease and disability. For example, asbestos exposure in properties can cause respiratory conditions and cancers that make it impossible to work.
Contact Our Atlanta Personal Injury Lawyers Today
Regardless of the specific circumstances, you need an injury lawyer if you have sustained a catastrophic injury. A lawyer can investigate your case and organize your medical records to prove your injuries. We can also coordinate with medical and vocational experts to prove how your injuries affect your ability to work and earn a living.
Do you have any more questions about what qualifies as a catastrophic injury in Georgia? If so, contact Van Sant Law online or call us today to speak to an Atlanta personal injury lawyer.
