The exact legal definition of catastrophic injury is nuanced, but the end result is the same: The loss of income, enjoyment of life, and the ability to perform everyday tasks without assistance.
If you have suffered a catastrophic workplace injury in California, you may face decades of ongoing treatment, missed wages, and psychological pressures. The most logical course of action is to explore potential sources of compensation, and you can do this alongside a qualified workers’ compensation attorney.
If you suffered catastrophic injuries at work, Attorney James Koh can help you explore your legal options for guide you through the complexities of California’s workers’ compensation system. This article will explain everything you need to know about catastrophic injury claims, including types of catastrophic injuries, benefits available to injured employees, and how a dedicated attorney can help.
Did you suffer catastrophic injuries in an on-the-job accident? You may be eligible to collect a range of workers’ compensation benefits. Contact Attorney James Koh to discuss your options in an initial case evaluation.
What Is Workers’ Compensation?
California’s workers’ compensation system began in 1911 with the purely voluntary Roseberry Act. Just two years later, workers’ compensation became mandatory. Over the years, lawmakers improved and standardized this system to provide workers with greater protection. Although many aspects of workers’ compensation are universal across the country, each state implements its own slightly different system.
In its current form, workers’ compensation is a mandatory insurance system that covers all eligible employees in California. Employers must pay into this “no-fault” insurance system, which ensures financial coverage for any eligible worker who suffers injuries on the job. This system covers the entirety of your medical bills and two-thirds of your missed wages (up to a capped amount per week). Workers do not need to prove negligence to file claims, and in many cases, they can successfully secure compensation — even if they caused their accidents.
Types of Catastrophic Work Injuries
The Workers’ Compensation Appeals Board uses a case by case approach in dealing with catastrophic injuries. Factors include:
- The ultimate outcome when the employee’s physical injury is permanent and stationary.
- The severity of the physical injury and its impact on the employee’s ability to perform activities of daily living (ADLs).
- Whether the physical injury is closely analogous to one of the injuries specified in the statute: loss of a limb, paralysis, severe burn, or severe head injury.
- If the physical injury is an incurable and progressive disease.
Due to the complexity of catastrophic injuries, attorney representation is extremely important. Although not exhaustive, the most common types of catastrophic work injuries are below:
Spinal Cord Injuries
The classic example of a catastrophic work injury is severe spinal cord damage. This type of injury can occur in many different ways, with varying degrees of severity. A worker might fall from a height and fracture their vertebrae after hitting the ground. Another accident might involve heavy machinery running over a worker’s back. These injuries can lead to various consequences, including quadriplegia and paraplegia. After a catastrophic spinal injury, a worker might lose the ability to earn income, walk, and perform everyday tasks without assistance.
Traumatic Brain Injuries
Traumatic brain injuries (TBIs) may also prove catastrophic for workers in California. This type of injury involves a blow to the head – perhaps from a falling object or tipping forklift. Workers may also suffer TBIs without sustaining an impact to the head. For example, you might experience a sudden jolt, causing your brain to shift within the cranium and impact the interior of your skull.
TBIs may vary in severity and tend to become progressively worse with time. After a TBI, a hemorrhage (brain bleed) may be undetectable – causing increasing pressure until an unexpected death or stroke. TBIs often cause severe brain damage – to the point where patients must re-learn how to walk, talk, and perform ever
Amputations
Another example of a catastrophic injury is an amputation. Some workplace accidents completely sever limbs, and this is particularly common for workers operating machinery or food processing equipment. Alternatively, doctors may recommend surgical amputation for dead limbs – perhaps after a crushing injury at a construction site.
Blindness or Deafness
Losing one’s senses can be just as disabling as losing a limb. Workers in California may be blinded by toxic chemicals, fires, or shards of shattering glass. Hazardous chemicals can also leave workers deaf, and extremely loud noises can gradually or suddenly lead to complete hearing loss.
Organ Damage
In addition, organ damage or “internal injuries” may fall under the general category of catastrophic injuries. A foreign object may penetrate or crush internal organs, and falls can permanently damage certain organs. Internal injuries can severely degrade your quality of life. For example, you might lose the ability to consume certain substances after suffering catastrophic kidney or liver damage.
Common Causes of Catastrophic Work Injuries
Although countless situations can lead to a catastrophic work injury, some causes are more common than others. In this section, we will discuss a few of the root reasons that catastrophic work injuries occur in California.
Insufficient Training
Safety training is the most obvious way to prevent catastrophic work injuries. Unfortunately, many employers neglect to implement effective training programs, leaving employees vulnerable to a range of hazards. Education can help employees identify potential threats, properly use equipment, and avoid dangerous situations.
Lack of Proper Safety Equipment
Even if employees undergo proper safety training, they may struggle to avoid catastrophic injuries without access to safety equipment. Common safety equipment includes fall protection, helmets, eye protection, hearing protection, and respirators. Specific jobs may require highly specialized safety equipment, and some of these items are mandatory under California law.
The Presence of Toxins
Exposure to toxins can also cause catastrophic injuries – particularly blindness, deafness, and organ damage. The Occupational Safety and Health Administration (OSHA) states that many serious workplace accidents are caused by poor hazard communication. This includes proper labeling of toxic, corrosive, or flammable substances. Workers who are not aware of these toxins are highly vulnerable to a range of catastrophic injuries.
Unsecured Items
Unsecured cargo, items, and equipment can lead to a range of catastrophic injuries, particularly TBIs. For example, a construction worker might suffer a severe TBI after being struck on the head by falling lumber. Alternatively, a longshoreman may suffer a spinal cord injury after an unsecured crate falls onto him from a forklift.
Safety Violations
A wide range of safety violations can lead directly to catastrophic workplace injuries in California. Although the Golden State has some of the strictest safety rules in the nation, many employers fail to follow them. For example, contractors may commence work without obtaining proper permits. An employer might knowingly expose their workers to asbestos, and a supervisor might allow a new hire to operate a forklift – even though they lack the proper training.
Steps to Take After a Work Injury
After a catastrophic injury, it can be difficult to think clearly about your next steps — especially if you’re in horrible pain. However, it’s critical to remember that your actions after suffering a workplace injury may impact your ability to secure the workers’ comp benefits you deserve. This section will detail the series of steps we suggest.
Accept Treatment at the Scene of the Workplace Accident
By definition, a catastrophic workplace accident is a medical emergency, and you should treat it as such. Your accident may have left you immobilized, blind, or unconscious, and it’s important to accept treatment and allow yourself to be transported to the nearest hospital. If you attempt to get up and “tough it out,” you might struggle to prove that your accident involved a catastrophic injury.
File an Official Accident Report
After your condition stabilizes, consider working with a workers’ compensation lawyer to draft an official accident report. Provide your employer with this written report and adhere to any company-specific policies. Your employer may provide you with additional forms to fill out.
Appeal the Decision if Necessary
Await your decision and prepare yourself for a potential denied workers’ compensation claim. Remember: This is not the end of the road. If your claim is denied, you can still appeal the decision with help from an experienced workers’ comp lawyer.
Types of Damages You Can Recover Through a Workers’ Compensation Claim
Since catastrophic injuries are usually permanent, you need to pursue enough compensation to cover your living costs for the rest of your life. You should also avoid accepting early settlements, as insurers will likely attempt to offer you far less than you are eligible to receive.
Medical Expenses
A workers’ compensation claim should cover all the medical expenses you incur as a result of your catastrophic injury. This includes medical transport, emergency treatment, rehabilitation, doctor visits, surgeries, and much more. You might need to wait till your maximum medical recovery (MMR) to accurately predict the cost of your ongoing medical expenses in the future.
Lost Wages & Permanent Disability
Workers’ comp benefits should cover a percentage of your lost wages until you’re able to return to work. However, if you are unable to return to work, permanent total disability (PTD) benefits could provide two-thirds of your income each week for the rest of your life. The maximum amount fluctuates based on inflation, and in 2024 PTD was capped at about $1,600 per week.
Contact an Experienced Workers’ Comp Lawyer in California for Guidance
Catastrophic injuries can affect different patients in unique ways. Although online research provides basic information about this subject, you may face highly specific issues that require personalized attention from a qualified attorney.
Now that you understand more about workers’ compensation for catastrophic injuries, it’s time to take the next step. Contact Attorney James Koh to receive targeted legal advice based on the best path forward and start pursuing the compensation you deserve with confidence.
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If you or a loved one have been injured on the job, please contact us to assist you with your workers’ compensation and personal injury claims
