What is the difference between a workers’ compensation claim and a catastrophic injury claim?
When a worker in North Carolina is injured, there are two types of claims they can file: a workers’ compensation claim and a catastrophic injury claim. The difference between the two is the severity of the injury. Workers’ compensation is usually for minor to moderate injuries that only require limited medical treatment. This type of claim compensates the injured worker for lost wages and medical expenses. Workers’ compensation claims are relatively straightforward and usually settled quickly. Catastrophic injury claims, on the other hand, are much more complicated and require a greater legal burden of proof. Catastrophic injuries are generally those that permanently impair the worker’s capacity to earn a living. Burns, traumatic brain injury, spinal cord injury, disfigurement, and blindness are all considered catastrophic injuries. In order to be successful with a catastrophic injury claim, the claimant must prove that the injury was caused by someone else’s negligence. This could include a negligent employer or a manufacturer of a defective product. The claimant must also prove that the injury has caused them to suffer an economic loss, such as lost wages or medical expenses. For catastrophic injury claims, there is often a much higher amount of compensation due to the severity of the injury and the long-term impact it will have on the victim’s life. Claims for catastrophic injuries can take months or years to settle, so it is important to seek experienced legal counsel to ensure the best possible outcome.
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