If you suffered a paralyzing injury at work, you could be entitled to workers’ compensation benefits under Georgia law.
Obtaining benefits can pay for essential medical treatment and relieve financial pressure while you heal. However, insurance companies often dispute claims involving catastrophic injuries in an effort to limit the amount claimants receive.
A Georgia paralysis injury lawyer can assist with the claims process from start to finish, advocating for the benefits you deserve while giving you space to adjust to a new routine.
Put an experienced work injury lawyer from Underwood Law LLC to work for you.
For decades, our law firm has helped injured employees fight for full and fair workers’ compensation benefits. With a 10.0 Superb rating from Avvo and recognition as a Top 25 Lawyer from The Workers’ Compensation Trial Lawyers, we are proud to serve clients in Albany, Dougherty County, and the surrounding communities.
Call or contact us today for a free consultation.
What Is a Paralysis Injury?
A paralysis injury occurs when an unexpected trauma disrupts nerve signals to the muscles. As a result, individuals with paralysis lose the ability to make voluntary movements in the affected areas of their body.
Most paralysis injuries result from spinal cord injuries, but traumatic brain injuries, crush or amputation injuries, electrocution injuries, and chemical exposure are all potential causes of work-related paralysis.
Common Workplace Accidents That Cause Paralysis
Workplace accidents that can result in paralysis include:
Falls from heights
Workers who perform their jobs on ladders, elevated platforms, or scaffolding can suffer skull fractures, fractured vertebrae, spinal cord injuries, and other injuries resulting in paralysis.
Motor vehicle accidents
Many worksites experience frequent motor vehicle traffic, including delivery trucks, debris removal vehicles, site inspectors, and other moving equipment. A motor vehicle accident on a construction site can be just as dangerous as one on the highway, putting employees at risk of life-changing injuries.
Heavy machinery accidents
Cranes, loaders, excavators, bulldozers, backhoes, graders, concrete mixers, and other machinery are frequent sights in construction and other work zones. If a person is struck by one of these machines, the results can be catastrophic.
Electrocution accidents
Although electrocution can happen anywhere there are electrical cords, electrocution injuries are most common in utility, maintenance, or construction work. Electrocution damage to the nervous system or spinal cord can leave the injured person paralyzed.
Chemical exposure
Toxic workplace exposures — including heavy metals, solvents, pesticides, and high-voltage or chemical hazards — can damage nerves and, in severe cases, lead to partial or full paralysis.
Understanding Georgia Workers’ Compensation Laws for Paralysis Injury Claims
In Georgia, employers with three or more employees are required to carry workers’ compensation insurance to protect workers from accident-related injuries and occupational diseases.
Workers’ compensation provides the following benefits to qualifying workers:
- Medical benefits: All reasonable and necessary medical expenses required to treat the injury
- Wage replacement benefits: Paid at two-thirds of the average weekly wage (AWW) when the injury keeps the injured person out of work
- Partial wage replacement benefits: Paid at two-thirds of the difference between the current wage and the pre-injury average weekly wage when returning to work results in less money
- Death benefits for surviving dependents: Two-thirds of the deceased worker’s average weekly wage paid to dependents (spouse, children, or dependent stepchildren)
Can I File a Personal Injury Lawsuit for Paralysis from a Work Accident in Georgia?
In some cases, it may be possible to file a personal injury lawsuit after a paralysis injury.
However, Georgia law does not allow you to sue your employer for negligence. However, if someone else unrelated to your employer caused your injury, like a delivery truck driver or a contractor on the jobsite, you could potentially bring a third-party personal injury lawsuit against them.
Georgia Paralysis Injury Statute of Limitations
In Georgia, injured workers have 30 days to report their work injury to their employer and one year from the date of the injury to file a claim with the State Board of Workers’ Compensation (SBWC).
If you miss these deadlines, you may be barred from receiving any workers’ comp benefits.
If a paralysis injury victim wishes to sue a third party for negligence, the statute of limitations is two years from the date of the injury to file a personal injury lawsuit. Filing too late could result in the case being dismissed.
Because deadlines differ, it’s crucial to consult an experienced attorney to learn the time limits that affect your paralysis injury case.
How Much Compensation Can You Get for a Paralysis Work Injury in Georgia?
Paralysis injury compensation in Georgia depends on the type of case you file.
If you file for workers’ comp benefits, your employer’s insurer will pay your medical expenses to the healthcare provider. You’ll be paid two-thirds of your AWW for the time you’re completely off work. If your paralysis injury leaves you completely unable to return to any kind of work, you could receive lifetime wage-loss benefits.
If you file a personal injury claim, you can seek compensation for:
- The full amount of your lost wages
- Medical bills and rehabilitation expenses, such as physical therapy
- Future lost wages
- Pain and suffering
- Loss of enjoyment of life
How a Georgia Paralysis Injury Lawyer Can Help Your Claim
When you hire an experienced paralysis injury lawyer, they can:
- Investigate the accident
- Gather all available evidence
- Determine whether any third parties may be responsible for the accident
- File your workers’ comp claim for you
- Send a demand letter to any third party’s insurance company
- Negotiate settlements on your behalf
- Appeal your workers’ comp case or take your third-party case to trial if required
FAQs About Paralysis Injury Claims in Georgia
When accident victims come to us with paralysis injury claims, they often have questions. We’ve answered some of those for you here.
How much does a lawyer for a paralysis injury cost?
In Georgia, state law prohibits workers’ compensation lawyers from charging more than 25 percent of the money they secure for you.
If you have a third-party case, most lawyers charge between 33 and 40 percent, depending on the complexity of the case, the attorney’s experience, and other factors. In most cases, none of these lawyers will charge upfront fees.
Their payment comes from your settlement or award if you successfully recover compensation.
Can I get compensation for mental health after a paralysis injury?
Under Georgia’s workers’ comp laws, mental health compensation is only available if it is directly related to a physical injury.
If your paralysis injury led to mental pain and suffering, you are likely eligible for mental health compensation. You can also get pain and suffering compensation in a third-party claim.
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