Work related accidents can sometimes cause life-altering injuries. Workers’ compensation can provide immediate assistance with medical care and partial wages. However, accessing your benefits and preserving your rights after a catastrophic injury can be challenging.
Contact a lawyer with experience handling Downey paraplegia and quadriplegia workers’ compensation injuries for help with filing a claim. Our workplace injury attorneys could guide you through the process and help you obtain maximum compensation for your injury.
Accidents that cause spinal cord injuries are responsible for most work-related paraplegia and quadriplegia injuries. People who suffer complete spinal cord injuries typically lose muscle control and sensation below the site of the injury. When the spinal cord is only partially damaged, a person may retain some sensation and be able to regain at least partial muscular control.
Vehicle accidents are also common causes of spinal cord injuries. If you were driving as part of your job when the accident happened, you may have legal grounds for a workers’ compensation claim. Other work-related incidents that can cause a spinal cord injury include:
These accidents can also cause traumatic brain injuries, which can lead to paraplegia or quadriplegia in some cases.
Spinal cord injuries and traumatic brain injuries almost invariably lead to at least partial disability. It is critical to work with an experienced workers’ compensation attorney in Downey to ensure you receive the maximum benefits available to you after a paraplegia or quadriplegia injury.
When you suffer a work-related injury, you are entitled to free medical care until you reach the point of maximum medical improvement (MMI). You are also entitled to an indemnity payment of a portion of your weekly average wage while you are unable to work. If your injury prevents you from returning to your former job, you may also be entitled to permanent disability payments.
In most workers’ compensation cases, a doctor has to confirm that a disability is permanent and rate its severity as a percentage. However, California Labor Code § 4662 allows a presumption that certain injuries cause permanent total disability. Any injury that leads to losing the use of both hands or leaves a person “practically paralyzed” constitutes a permanent disability.
Quadriplegia and paraplegia may not always meet the definitions for a presumed total disability. A Downey attorney could present evidence demonstrating your paraplegia or quadriplegia injuries meet the legal definition if your employer’s workers’ compensation insurer questions whether you are totally disabled.
When a workplace injury results in permanent disability, you are entitled to disability payments. If your injury caused permanent total disability, you are entitled to indemnity payments for the rest of your life.
The payments are usually two-thirds of your average weekly wage before you were injured, although the law establishes minimum and maximum payment amounts. Many injured people prefer to receive their disability payments in a lump sum settlement. A lawyer could help you negotiate an appropriate settlement.
In most cases, you cannot sue your employer for a work-related injury. However, if a third party was involved in your accident, you can file a lawsuit against them for negligence.
A Downey workers’ compensation attorney could prove that a third party’s negligence was the direct cause of your paraplegia or quadriplegia injuries, holding them accountable for any losses. Common damages include:
You may also be entitled to payments for the emotional impact of the injury, including loss of enjoyment of life, mental trauma, and other intangible losses that impact your quality of life after the injury.
Adjusting to paralysis requires focus, determination, and time. Workers’ compensation benefits can offer assistance while you recover.
The lawyers at Glauber Berenson Vego know how to deal with complex issues that arise in workers’ compensation cases involving partial or total paralysis. Call us after a work-related accident so that we can protect your rights throughout your recovery. For more information on Downey paraplegia and quadriplegia workers’ compensation injuries, get in touch with our legal team.
