Monday, May 9, 2011

Quick Definitions: "Catastrophic Injury"

Typically, a cap is placed on an injured worker's receipt of TTD benefits (unlike medical benefits, which are always the responsibility of the employer so long as it relates to the work injury). However, in the event of a "catastrophic injury," the 400 week cap is removed and the injured worker is entitled to TTD benefits for the rest of his or her life. Under Georgia law, there are 5 defined categories of catastrophic injuries--spinal cord, brain, serious burns, amputations, and blindness--and one "catch all" provision, which is factually specific and requires close examination of the true severity of the injury. In short, with regard to the "catch all" provision, if an injured worker is entitled to receive Social Security Disability benefits, he or she may (but not necessarily) be entitled to a "catastrophic" designation.

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