What is Certification of a Permanent Injury and Can it Help a Lawsuit?
An injury suffered on the job or elsewhere could be permanent, forcing you to leave the workforce, change careers or work fewer hours. You may be able to obtain compensation for future medical bills and lost income through a personal injury claim or workers’ compensation claim.
However, in either claim, you must prove your injury is permanent. Below, learn more about certification of a permanent injury in a workers’ compensation claim and personal injury claim.
What is Considered a Permanent Injury?
Simply put, a permanent injury is one that is expected to last for the rest of the victim’s life. This means that no amount of medication, surgeries, or rehabilitation will cure the injury you sustained. You will always have some level of impairment to manage.
Some of the most common types of permanent injuries suffered at work or otherwise include:
- Loss of a limb
- Traumatic brain injuries
- Severe burns
- Joint or back injuries
- Paralysis (complete or partial)
- Spinal cord injuries
- Permanent physical impairment
- Disfigurement and scars
Massie v. Ross
Under Georgia law, victims who have suffered an injury are permitted to seek damages for lost income, medical expenses, and other damages that can be proven in court. This may include compensation for any future medical expenses, pain and suffering, and lost income the victim would have earned.
In Massie v. Ross, the Georgia Court of Appeals ruled that in order to award any future medical expenses, there needs to be evidence that proves future medical care will be necessary. You will likely need testimony from a doctor or other medical professional to help prove you have a permanent injury. Your testimony about pain and suffering may also help to validate your claim for permanent injuries.
Workers’ Comp Benefits for a Permanent Injury
Many workers’ compensation claims involve permanent partial disabilities, often for the injuries below:
- Loss of vision
- Injuries to knees
- Back injuries
- Loss of hearing
- Carpal tunnel syndrome
- Post-traumatic stress disorder (PTSD)
- Amputation of limbs, fingers, or toes
- Nerve damage to neck or shoulder areas
In order to file for permanent partial disability, you must reach maximum medical improvement and still have some level of impairment. This means that the doctor treating your condition must determine that your condition has become stable and will not improve with any additional treatment.
Accurately Valuing Your Damages
It can be challenging to accurately value your damages without the help of a knowledgeable attorney. The doctor assigned by the insurance company for the claim will determine the severity of your injuries and disability. After review, the doctor will send a report to the workers’ compensation board, which will assign a percentage to your disability. It can range from one to 99 percent, however, most cases range from five to 35 percent.
It is important to avoid trusting the information provided about your case by the insurance adjuster. It might not be accurate or complete. Doing so can put your financial future at risk. It is vital that you consult with a workers’ compensation attorney about your case. You will need to make decisions about lump sum or structured settlement payments.
Injured on the Job? Contact Roden Law Today
Did you suffer a permanent injury in Georgia? You could be eligible for workers’ compensation benefits or compensation through a personal injury lawsuit.
Schedule a free legal consultation with an experienced Savannah personal injury lawyer at Roden Law. No upfront fees and no risks or obligation. We have a proven track record of recovering compensation for injury victims, including injured workers.