What is a "catastrophic injury"? The Workers Compensation Appeals Board specifies the following factors to determine a "catastrophic injury":
1. The intensity of seriousness of treatment received by the employee that was reasonably required to cure or relieve from the effects of the injury.
2. The ultimate outcome when the employee's physical injury is permanent and stationary.
3. The severity of the physical injury and its impact on the employee's ability to perform activities of daily living (ADLs).
4. Whether the physical injury is closely analogous to one of the injuries specified in the statute: loss of a limb, paralysis, severe burn, or severe head injury.
5. If the physical injury is an incurable and progressive disease.
Basically a catastrophic injury is an injury that is so severe that the injured worker is no longer to care of himself without assistance. An injury at work changes all of our client's life however a catastrophic injury is something drastic. We have handled numerous catastrophic injuries such as a motor vehicle accident that caused a traumatic brain injury (TBI), construction injury causing severe back injuries, neck injuries, shoulder injuries, head injuries, knee injuries and other orthopedic injuries. Montoya Law holds one of the highest settlements in CA for a work injury when we helped a family when our client suffered a work injury in the form of a traumatic brain injury. We made sure that the amount agreed upon ($5,150,000) would take care of his daycare, transportation, medical attention and a handicap accessible van. Although we cannot recover our client's health completely we will do everything in our power to guarantee our clients a better way of life.
We currently settled a case of $1,200,000. This was a case we took over representation from anther law firm. They had recommended a settlement of $500,000. Upon taking it we did our due diligence and figure out our client had suffered a brain injury. We scheduled him with our expert team and reached a settlement of $1,200,000 within 6 months.
Not all law firm our equipped with the experience to convert claims into $1M+ settlements. At Montoya Law we have settled numerous $1M+ claims for our clients. We take the approach of "how would I help a family member if they had this injury". Our clients is the reason we exist and that is why we treat all our clients as family. If you, family member, friend or acquaintance have suffered a work injury give us a call so we can show you the Montoya treatment.