The term “injury” is given a very broad definition by the Workers’ Compensation Act. “Injury” includes not only sudden accidents such as falls, but also includes many physical problems that come on gradually. Certain diseases are also compensable. Compensable “injuries” can also include heart attacks, strokes, infections and other conditions where it can be shown that the employment either caused the disabling condition or caused a pre-existing condition to become worse or combined with an underlying condition to cause disability.
A new category of injury has been created by the Georgia legislature. A “catastrophic injury” is an injury that occurs on and after July 1, 1992, and involves any of the following:
- spinal cord injury with severe paralysis;
- amputation of an arm, hand, foot or leg;
- severe brain injury;
- second or third degree burns over 25% of the body or third degree burns over 5% or more of the face or hands;
- total or industrial blindness; and
- any other injury severe enough to prevent the employee from doing almost any work.
Qualifying for Social Security disability benefits is evidence your injury qualifies as “catastrophic”.
There are important differences in your rights to workers’ compensation depending on whether the injury you receive in your employment is determined to be “catastrophic” or “non-catastrophic.”
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