If someone you love just suffered a catastrophic injury at work, here is what to do this week: gather the claim number, the insurance adjuster's contact information, and every medical report so far, then get a free consultation with a workers' compensation attorney who has handled serious, high-stakes injuries. You do not need to fire anyone yet. You need to confirm, quickly, that whoever represents your family member has the right experience for this kind of case.
What makes an injury "catastrophic" in a workers' comp case?
A catastrophic injury is one that causes permanent, life-altering harm. Under California workers' compensation, this usually means things like traumatic brain injury, spinal cord damage with paralysis, loss of a limb, severe burns, multiple broken bones with lasting impairment, or an injury that leaves someone unable to work again. These cases differ from a routine back strain or wrist sprain because they almost always involve permanent disability ratings under Labor Code section 4660, lifetime future medical care under Labor Code section 4600, and sometimes a separate civil lawsuit against a party other than the employer (a third party) if someone besides the employer caused the injury.
The claim itself still runs through the Division of Workers' Compensation (DWC) and the Workers' Compensation Appeals Board (WCAB), using the same DWC-1 claim form and basic process as any other injury. What changes is the complexity of the medical evidence, the size of the disability rating fight, and how much is at stake if something is handled wrong early on.
This article is general information about California workers' compensation, not legal advice about your situation. Every case is different.
Yazdchi Law, P.C. — Eman Yazdchi, responsible attorney. Office: Palmdale, California. Attorney advertising.