Atlanta Workers’ Compensation Lawyer

Have You Sustained a Catastrophic Injury at Work?

Under O.C.G.A. § 34-9-200.1, which covers specific work-related injuries, the statute divides catastrophic injuries into categories. Under the statute, if you have sustained a serious injury at work, you could be eligible for lifetime income benefits and lifetime medical benefits. Catastrophic injuries are defined as any of the following:

• Spinal cord injury involving paralysis of an arm, leg, or the trunk
• Amputation of an appendage, including arm, leg, foot, or hand, which results in the effective loss or use of the appendage
• Severe brain or closed head injury, as evidenced by:
• Severe sensory or motor disturbances
• Severe communication disturbances
• Severe complex integrated disturbances of cerebral function
• Severe disturbances of consciousness
• Severe episodic neurological disorders
• A condition as severe as any listed above
• Second- or third-degree burns over 25% of the body as a whole, or third-degree burns up 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 any job available in substantial numbers in the general economy for which they are otherwise qualified (this is essentially the SSDI standard)

If you're seriously injured and have permanent deficits or are looking at surgery, do not assume your case is not catastrophic. Many cases can develop into catastrophic cases, particularly in the hands of an experienced lawyer. 

Catastrophic injuries entitle injured workers to extended income benefits and lifelong medical treatment, making these cases especially important to handle correctly from the beginning. The determination of whether an injury qualifies as catastrophic can dramatically affect a person’s financial stability, access to care, and future quality of life. At Gilbert Injury Law, we excel at handling these nuanced cases and have a track record of securing the benefits that injured workers deserve. 

New Georgia Statutes May Not Fully Protect Workers

Georgia’s workers’ compensation statute is still one of the better statutes in the country. However, over the past 20 years, the legislature has continually limited benefits and increased the burden on out-of-work claimants in the name of profit. 

The statute’s 350/400 week cap on income and medical benefits is one such blow to injured workers. The only way to extend these benefits in the many, many cases that do not automatically qualify for lifetime coverage is to have your lawyer develop your case and prove that your injury is indeed catastrophic. For individuals who have been seriously harmed, seven years will probably not be enough. If you have been seriously injured, our firm can be trusted to provide you with practical legal assistance to ensure that the full extent of your injuries and required medical treatment is established in a hearing before an Administrative Law Judge so that you can obtain the necessary compensation. 

Even if your case has the potential not to qualify, it is imperative that your lawyer value the exposure to the insurer properly, or you will leave tens if not hundreds of thousands of dollars on the table. Without the proper counsel, you may never know this. You deserve maximum benefits, and with our successful track record of verdicts and settlements, you can trust that the Law Offices of Jeffrey S. Gilbert can work hard for you!

Dedicated to Helping Permanently Injured Victims

Workers’ compensation claims involving catastrophic injuries are rarely straightforward. Employers and insurers often resist the catastrophic classification, since it increases their financial responsibility. That’s where our experience makes a difference.

Our attorney focuses his workers’ compensation practice on these severe cases. Attorney Gilbert understands what it takes to establish a catastrophic designation and how to present the medical and vocational evidence needed to secure it. If another’s negligence resulted in injury, he can also pursue personal injury damages. Throughout 40+ years of practice, Attorney Gilbert has obtained millions of dollars for deserving clients. 

On your behalf, he and our firm’s supporting team can:

• Gather and organize medical evidence to demonstrate the full extent of the injury
• Consult with vocational and medical experts to show how the injury limits employability
• Determine the full extent of benefits to which you are entitled, from essential benefits to accessory benefits that insurance companies may try to hide
• Negotiate with insurance companies to secure proper benefits and prevent premature settlements
• Represent you at hearings and appeals when claims are denied or undervalued
• Coordinate ongoing care to meet your rehabilitative and medical needs 
• Provide personal guidance throughout the process so you understand your rights and feel supported

Every client under our care receives direct attention and genuine compassion. We don’t treat cases as numbers; we devote our full time and attention to them, knowing how much is at stake. Visit our testimonials page to see the difference our personalized services have made for clients. 

Nonprofit Work to Help the Catastrophically Injured

Attorney Jeff Gilbert co-founded the Alpine Adaptive Scholarship Program (AASP), a nonprofit organization that has helped physically challenged men and women rediscover or experience the joy of skiing with modified equipment and special training. This hands-on work, driven by his commitment to helping victims of catastrophic injuries, enhances Gilbert Injury Law’s ability to accurately and fully convey the extent of these injuries to other parties, including juries, during settlement negotiations or court proceedings to obtain compensation. Please visit AASPGA.org to see this hands-on work in motion.