What is the difference between a workers’ compensation claim and a catastrophic injury claim?
The primary difference between a workers’ compensation claim and a catastrophic injury claim in California is the severity of the injury. A workers’ compensation claim is typically filed when an employee is injured at work and requires medical treatment or temporary disability payments. These types of injuries usually include sprains and strains, head and neck injuries, or broken bones. Catastrophic injury claims are usually in response to more serious injuries, such as traumatic brain injury, spinal cord injury, amputation, paralysis, burns, and blindness. In addition to the injury type, the process for each type of claim is also different. With a workers’ compensation claim, the injured employee notifies their employer, the employer files a claim with their insurance company, and the insurance company pays out the compensation. With a catastrophic injury claim, the injured person can bring a civil lawsuit against any party that is liable for their injury. The injured person will have to prove that the other party acted negligently or maliciously and that this behavior caused the catastrophic injury. Another difference between the two types of claims is the amount of compensation for the injury. Workers’ compensation claims are typically limited to the medical expenses associated with the injury, lost wages, and job rehabilitation, while a catastrophic injury claim can result in a much larger settlement to cover long-term medical costs, physical and mental therapy, lost wages, and pain and suffering, among other things. Overall, the difference between workers’ compensation and catastrophic injury claims in California is based on the severity of the injury and the amount of compensation.
Related FAQs
What should I do if the settlement offer is too low for my catastrophic injury case?How can I determine the value of my catastrophic injury claim?
Who can represent me in a catastrophic injury case?
How do I prevent the defense from disputing my catastrophic injury claim?
How can I finance my catastrophic injury lawsuit?
How is pain and suffering calculated in a catastrophic injury case?
Is there a way to calculate the value of my catastrophic injury claim?
What is the legal definition of catastrophic injury?
How is a settlement determined in a catastrophic injury case?
How long does it take for a catastrophic injury claim to be settled?
Related Blog Posts
Uncovering Punitive Damages in Catastrophic Injury Lawsuits - July 31, 2023Determining the Difference between Compensatory and Punitive Damages for Catastrophic Injury Cases - August 7, 2023
Understanding How to File a Catastrophic Injury Lawsuit - August 14, 2023
Exploring the Economic and Non-Economic Damages Eligible for Compensation in Catastrophic Injury Claims - August 21, 2023
Navigating State and Federal Catastrophic Injury Laws to Maximize Injury Compensation - August 28, 2023