Catastrophic injuries are those with severe, life-altering consequences. After suffering them in the workplace, it can leave you with long-term or permanent impairments. California’s workers’ compensation system follows a no-fault program, and that means as long as you suffered harm in the course of your job, you will not need to prove your employer or anyone else was negligent to collect benefits under the plan.
Please contact our office soon to schedule an appointment with a knowledgeable San Bernardino catastrophic injury workers’ compensation lawyer for advice and to review your case and options.
Our dedicated workers’ compensation attorneys can help you navigate the claims process, gather the medical and employment documentation needed to support your application, and advocate for the full range of benefits available, including coverage for medical care, wage replacement, and long-term disability.
What Types of Injuries Qualify?
Suffering a life-altering and debilitating injury in the workplace can lead to decades of ongoing treatment, lost wages, and stress, which can have emotional and psychological effects. That can also cause impairments, including depression, anxiety, and post-traumatic stress disorder. The Workers’ Compensation Appeals Board (WCAB) instructs that, while it is on a case-by-case basis, some examples of injuries that may meet the guidelines and qualify as catastrophic include the following:
- Traumatic amputations and the loss of a limb, such as an arm or leg
- Injuries to the back or spinal cord that lead to paralysis
- Severe burns, leading to scarring and disfigurement on a large portion of the body
- Serious head and skill trauma, leading to traumatic brain injuries
- Profound organ injuries
- Mangling and crushing traumas from getting a bodypart stuck in or between large moving parts, such as machinery
The WCAB evaluates cases using multiple universal factors to determine whether the injury meets the requirements for categorizing it as catastrophic, along with a holistic assessment. They review information regarding the intensity and extent of medical treatment and services needed, estimated time to cure or relieve the effects, and the ultimate outcome of permanent disabilities. They also take into account the impact on your ability to perform activities of daily living, as well as whether the condition is incurable or progressive and will require lifelong care.
Finally, they research medical evidence provided by physicians, Qualified Medical Evaluators, and vocational experts. During the appointment, our San Bernardino catastrophic injury workers’ compensation attorney could answer your specific questions.
Catastrophic Exception
The catastrophic injury exemption under California workers’ compensation allows you to receive additional permanent disability benefits for certain severe and devastating impairments. Particularly those that result in psychiatric and mental health conditions, like depression, when those impairments arise from a compensable consequence of an injury you sustained while at work.
Available Benefits
Available benefits for those who sustain a severe and permanent disability at work include a complete range of options, because of the lasting consequences on nearly every part of your life. That includes lifetime coverage for all reasonable and necessary medical care related to the injury. They cover doctor office visits, rehabilitation, prescriptions, attendant care, and home modifications.
Temporary disability, or wage replacement, which is typically ⅔ of your average weekly pay, and permanent disability, to receive long-term pay and permanent and total disabilities. Supplemental job replacement, which is a voucher for retraining if another job and position are possible. A skilled catastrophic injury workers’ comp lawyer in San Bernardino could help you through the process and provide guidance and support every step of the way.
Meet With a Seasoned Catastrophic Injury Workers’ Compensation Attorney in San Bernardino
Suffering an on-the-job injury can be stressful because it often means being unable to work while also incurring expensive medical bills. That is particularly true when the accident has devastating and permanent consequences, leaving you with a long-term or permanent disability.
Fortunately, most employees in the state are eligible to collect benefits without a requirement to prove that anyone was negligent. Contact us today to schedule an appointment with a qualified San Bernardino catastrophic injury workers’ compensation lawyer to learn more.
(909) 885-1620