In daily life and business, people may come across unexpected harm or meet potentially hazardous incidents and situations that can obstruct personal and work life balances that could stop them in their tracks. An injury or accident— that is unanticipated, sudden, long-lasting, and hazardous, can jeopardize a person’s life and liberty by affecting the ability to live as they had pre accident, work and earn for a living, etc. Such a situation might incur costly medical treatment, including the need for a lifelong treatment and medication. If working capability is affected, a catastrophic workers’ compensation claim may help people who have been hurt by these terrible accidents while on the job ease their financial burden from damages associated with the accident. 

woman with a catastrophic injury talking to an attorney about her workers compensation case

Catastrophic Injury Workers Compensation

Navigating and recovering a workers’ compensation claim is a complex process. The compensation seekers should be represented by attorneys who understand the process and nuances of the workers’ compensation system, empathize with the client, and can properly project clients’ cases. The clients or injury victims who suffer from serious, permanently damaging injuries are usually in need of an appropriate law firm— otherwise, victims might get overwhelmed by the requirements of the process and system, which could adversely impact the outcome of their claim.  

At TonaLaw, our Personal Injury Lawyers will take your case and work with a dedicated workers’ compensation attorney or law firm that will handle the workers’ compensation claim while TonaLaw handles the claims against third parties other than your employer who may be at fault.  We advise you with full transparency after careful scrutiny and tell you what to expect from your claims and what compensation you might potentially recover. Our firm provides free legal consultations before you decide to hire us to formally represent you in your case, all with complete confidentiality.

What Exactly is a Catastrophic Injury?

Catastrophic injuries are those from which a victim can never recover fully. Typically. there is a serious injury that results in debilitating, long-term symptomology. A catastrophic injury, according to the American Medical Association, is a serious injury that results in damage to the skull, brain, spinal cord, or spine. According to New York law, the phrase “catastrophic injury” refers to any injury, whether physical or mental in origin, that results in some sort of permanent disability and changes the affected person’s living situation. Situations involving a catastrophic injury may be:

  • complete blindness in one or both eyes;
  • complete loss of hearing in one or both ears;
  • injury to the head or spine that paralyzes the legs, the arms, or both the legs and the arms;
  • amputation of an arm or a leg due to injury;
  • substantial cognitive damage brought on by a head injury, as determined by a nationally recognized technique for objective psychological assessment;
  • a wound that has second or third degree burns on at least 50% of both the body or the face;
  • speech that has been completely lost or has been seriously and permanently damaged;
  • a vegetative or coma state;
  • the absence of one or more important internal organs or organ systems or their considerable impairment in function;
  • the severe crushing, mangling, or amputation of an extremity;
  • an injury that both the insurer and the affected worker agree qualifies as a catastrophic injury;
  • any other type of harm considered to be catastrophic and result in permanent disability, etc.  

What Should I Do If I Am Injured?

After deciding to claim for a catastrophic workers’ compensation, the most important step is to collect and secure evidence to substantiate the case. Evidence such as: 

  • Still pictures of the accident scene right at the moment of the accident, of the preliminary injuries including any worsening of the injuries throughout the process, of damaged vehicles, etc.;
  • Video or audio recordings of any conversation between witnesses of the accident or any other conversations of the people around the accident spot; 
  • Records of any conversation between the victim(s) and the witnesses for a neutral viewpoint of how the accident happened or what really happened. 

The Value of Your Catastrophic Workers’ Compensation Claim

In a catastrophic workers’ compensation claim, questions regarding how to approach the case, how to start gathering information and proof, how to make the claim etc. are common. However, the damages recoverable and the entire outcome of your claim will depend on the severity of the injuries and the proofs available to substantiate the claims. The economic damages brought about in someone’s life due to the catastrophic injuries such as missed wages, medical expenditures based on medical records, and other financial bills are recoverable as a potential financial loss. Other non-economic losses which are hard to estimate such as pain and suffering and mental trauma due to the hazardous incident or catastrophe are potentially recoverable too. 

Catastrophic Injuries in New York and Comparative Negligence

In New York State, negligence attributed to the injured party plaintiff is recognized in lawsuits as “comparative negligence.” Any negligence of the defendant is usually the primary cause of the majority of catastrophic injuries, although it might be unintentional. The only condition to prove a plaintiff’s catastrophic injury case is that the defendant had a duty of care owed to the plaintiff and that the plaintiff has breached that duty. However, in situations where the Plaintiff may be apportioned some fault for the accident and their injuries or damages, New York’s “comparative negligence law” allows plaintiffs to still recover damages in situations where they are at fault in some capacity with a reduction in the full award for the amount of fault the plaintiff is deemed to bear. 

Catastrophic Injury Workers’ Compensation Lawyer

At TonaLaw, we provide legal advice and support to represent you in your catastrophic injury case while you concentrate on your rehabilitation. To discuss your claim, please make an appointment for a free case evaluation with us by calling 1-833-TONALAW or contact us online. 

What Our Clients Are Saying

Excellent5.0 Based on 371 reviews from review us onyessenia lopez ramosyessenia lopez ramos ★★★★★ I have know Attorney Will Ramos for many years. He is very detail oriented, a great advocate, and an empathetic individual.I have referred a few clients during their time of need over to Will and the friendly staff at Tona Law. He is willing to go above and beyond for others.CARLOS RODRIGUEZCARLOS RODRIGUEZ ★★★★★ I have known Will Ramos for 15 plus years and can attest to his character in placing the needs for others above his own. He is an asset to any organization and a team player with positive attitude.Jessica MalaveJessica Malave ★★★★★ I’ve known attorney Will Ramos for 16 years he always places the needs of others above his own. He is a caring man and super understanding and has a big heart.Bianca RamosBianca Ramos ★★★★★ Attorney Will Ramos is awesome the law firm is lucky to have someone like him part of their team. He genuinely cares for others and is always willing to lend a helping hand.Response from the ownerBianca, thank you for leaving a wonderful review for our firm. We are lucky to have Will Ramos as part of our team! Arianna RamosArianna Ramos ★★★★★ Attorney Will Ramos is nothing short of dedicated and hard working. Each case he works on demonstrates his passion for law and his care for his clients.Response from the ownerThank you for your review, Arianna! Will Ramos has been a wonderful asset to our team. JenneferJennefer ★★★★★ I've had the pleasure of knowing Lauren for quite a while now, and I must say, her dedication to her clients is truly remarkable. She takes immense pride in her work as a professional she seamlessly balances her role at Tona Law, where she's involved in legal matters. Having seen her commitment and skill firsthand, I can confidently recommend both Lauren and Tona Law to anyone seeking top-notch assistance.Celine Aubry-DumandCeline Aubry-Dumand ★★★★★ I had a great experience working with TonaLaw.The team was really friendly and helpful throughout the entire process.Response from the ownerCeline, thank you so much for taking the time to leave a review for our firm. We are so grateful we were able to help you and provide you with a great experience. Thank you! Adam OmallyAdam Omally ★★★★★ I have known Lauren one of the paralegals at Tona law for many years and she is dedicated to her profession and helping her clients. Wonderful person.Alexandra DevineAlexandra Devine ★★★★★ Lauren at TonaLaw was extremely helpful! She was so nice and professional. I highly recommend asking for her!Margaret CaschettaMargaret Caschetta ★★★★★ I have known Lauren for a long time and she’s always been dedicated to her job! Excellent at anything she’s ever done.NICOLE GUASTONICOLE GUASTO ★★★★★ Lauren’s great- reliable empathetic the whole package - years of knowing her I wouldn’t ask for anyone elseKeith MaederKeith Maeder ★★★★★ I have known Lauren, one of the paralegals, for many years. Her client first approach is second to none. She is knowledgeable and professional. She as an asset to both her clients and Tona Law.Emily PadillaEmily Padilla ★★★★★ Ana was super professional and very polite! Answered all the questions that was needed! Highly recommend, wish I can give 10 stars!Kailynn ApolinarisKailynn Apolinaris ★★★★★ Ana is amazing! As an old coworker I can say Ana is always ready to assist. She is a great asset to anyone lucky enough to work with her.Response from the ownerKailynn, thank you for leaving a wonderful review for our firm. Ana is truly a wonderful part of our team! peter alsenpeter alsen ★★★★★ In all of my dealings with the TonaLaw office, the lawyers and staff have been excellent.They have earned my confidence and trust.Response from the ownerWe are so pleased to hear that you’ve had such a great experience with our team. Your confidence and trust in our firm is greatly appreciated! Thank you so much for your review! Ashley VelazquezAshley Velazquez ★★★★★ Ana was knowledgeable, courteous & helpful throughout everything! She was willing to go the extra mile! It was a delight working with her. You’re in great hands when working with Ana!!Patty RivasPatty Rivas ★★★★★ The team is fantastic. I worked with Ana directly and appreciated how quickly she was able to respond back to me and provide efficient, excellent results. I would work with her again!Response from the ownerThank you so much for your kind words about Ana and the rest of our team! Patricia WernerPatricia Werner ★★★★★ Ana was phenomenal. What a great asset to Tona Law!joseph tonettijoseph tonetti ★★★★★ I have known Lauren one of the personal injury paralegals at Tonalaw for almost 20 years, having employed her for over a decade she is a hard worker and loves doing what she does. She has passion and strong dedication her clients. I highly recommend Tona Law.Response from the ownerLauren is a valuable asset to the TonaLaw team. She is extremely passionate and dedicated to our clients. Thank you so much for your kind words and recommendation! Rigoberto LazoRigoberto Lazo ★★★★★ Ana is such a great asset to Tonalaw. She is a very hard worker and always dedicated to her clients. She is also very empathetic and kind hearted. Her goal is always to have 100% client satisfaction and she will make sure you have that. You are in great hands at Tonalaw!Response from the ownerThank you so much for taking the time to leave our firm a thoughtful review! Ana is truly dedicated to our clients and the work we do here at TonaLaw. We are grateful to have her on our team! Melissa RivasMelissa Rivas ★★★★★ Ana is wonderful! Always eager to please her client and does great work. Very happy she’s a part of Tona Law.Kristine ForteKristine Forte ★★★★★ I am so happy I used Tonalaw. I spoke with Lauren and Jada who are amazing. Any questions I had they answered and I felt the compassion and understanding they have for me. I highly recommend using tonalaw.Mona MichelMona Michel ★★★★★ sean2844sean2844 ★★★★★ I have known Lauren one of the paralegals at Tona Law and she is extremely dedicated to her profession. She is very helpful to her clients and an asset to the firm.sorivel gulottasorivel gulotta ★★★★★ Thank you Lauren for all of your help! You are always ready for any challenge and willing to answer any questions. Always professional, informative and kind. Will highly recommend!js_loader