Catastrophic claims present major complications and challenges for injured workers and their families. These types of claims involve severe injuries that result in a high level of permanent disability. In Louisiana, a claim qualifies as catastrophic if the injury results in paraplegia, quadriplegia or the total anatomical loss of both hands, both arms, both feet, both legs, both eyes, or one hand and one foot, or any two thereof. Louisiana law provides that, in addition to medical and indemnity benefits, injuries of this nature are also entitled to a one-time compensation payment of $50,000.00, which is due within one year of the date of catastrophic diagnosis.
At Mensman Law, we have handled several claims involving catastrophic injuries and we have learned the importance of high quality medical care. The complexity of the injuries requires an incredible level of competence from the medical professionals involved. Often, the underlying injury will lead to comorbidity. For example, the injured worker confined to a wheelchair will often develop urological, respiratory, circulatory and dermatological problems, among others.
At some point, it may become proper to enter settlement negotiations with the insurance company. This is a very complicated process. Because your long-term health in these situations depends directly upon the quality of medical care, the settlement negotiation is incredibly important and cannot be guesswork.
Our team spends a considerable amount of time analyzing the needs of the catastrophically injured worker and their family. We use that data to forecast the expenses and build upon that to accurately project the anticipated settlement value.
There are several pivotal issues that need to be addressed before settling a catastrophic claim. Failure to do so could lead to disastrous consequences. Do you need a spendthrift trust? A special needs trust? A spigot trust? A structured settlement? A Medicare Set-Aside?
Do you qualify for Medicare? Social Security Disability Benefits? Medicaid?
Are you eligible for Long Term Personal Care Services? Adult Day Health Care Waiver Program? Community Choices Waiver Program? Traumatic Head and Spinal Cord Injury Trust Fund Program?
At Mensman Law, we spend tremendous time and effort assisting catastrophically injured workers and their families with these types of challenges. Should you need assistance with these types of injuries, call Mensman Law, the leaders in handling catastrophic claims.
