Paraplegia And Quadriplegia Injury Lawyer

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Paraplegia And Quadriplegia Injury Lawyer

A work accident could see your life forever changed. Paraplegia and quadriplegia are considered catastrophic injuries as they permanently affect an injured individual’s life. Paralysis is not only physically and emotionally devastating but usually requires lifelong expensive medical treatments and rehabilitation. 

If you or a loved one suffered a catastrophic spinal injury and paralysis after a workplace accident, you could be entitled to workers’ compensation benefits and additional compensation. Morgan & Morgan can be here for you during the most challenging time of your life. We know the costs associated with permanent paralysis, such as round-the-clock care, home and vehicle modification, and others. 

Our paraplegia and quadriplegia injury lawyers want nothing more than to help you get justice and compensation. Contact us today to discover your options in a free case review.

Paraplegia and Quadriplegia Injuries 

Both paraplegia and quadriplegia refer to paralysis injuries resulting from damage to the spinal cord and spinal tissue or brain. 

Paraplegia - Paraplegics generally cannot feel or move their legs and are unable to walk. In most cases, paraplegia also involves a loss of function below the waist, impacting the bladder and bowels. 

Quadriplegia - Quadriplegia usually affects an individual’s entire body below the neck. People with quadriplegia cannot move their limbs and require assistance with all aspects of daily living. 

In exceedingly rare cases, paralysis can be cured partially or entirely with exercise and physical therapy. However, typically, paraplegia and quadriplegia are lifelong conditions that can cause considerable short- and long-term health complications.

The Health Consequences of Permanent Paralysis

According to a study published by the National Centers for Biotechnology Information (NCBI), detrimental health effects of paraplegia and quadriplegia can include: 

  • Fractures due to bone demineralization
  • Bowel problems
  • Psychological problems such as post-traumatic stress disorder
  • Pressure ulcers
  • Urinary tract infections
  • Deep vein thrombosis

A paralysis diagnosis can be shocking and upsetting for patients and their families. Individuals suffering from partial or total paralysis may be unable to live independently and care for themselves. Paraplegics and quadriplegics may require home health aides to assist with the daily tasks of living, such as bathing, administering medications, and getting dressed. Moreover, paraplegic and quadriplegic individuals can experience considerable mental and psychological trauma, including phantom limb syndrome, depression, and anxiety.

Workplace Accidents Resulting in Paralysis

Most cases of paraplegia and quadriplegia result from motor vehicle accidents, workplace accidents, or sports-related incidents. Common workplace accidents leading to paralysis can include:

  • Vehicle accidents
  • Getting struck by objects
  • Slips and falls 
  • Falls from a great height
  • Getting caught in-between objects or equipment
  • Accidents with heavy machinery

Workers at Risk of Suffering Paralyzing Injuries 

Potentially, paralysis can occur in many types of work environments. However, certain professions and occupations have a higher risk of workplace injuries involving paralysis. Workers at risk of suffering spinal cord injuries on the job include:

  • Construction workers
  • Delivery and truck drivers
  • Warehouse workers
  • Emergency responders
  • Factory workers

Your Best Next Steps After Getting Paralyzed in a Work Accident  

Few injuries have more of a detrimental effect on your life and are costlier than paraplegia and quadriplegia. However, fortunately, paralysis is covered under the workers’ compensation program, allowing victims to recover medical treatment costs, wage replacement benefits, and other compensation. If you get hurt at work, taking the proper steps can be critical for getting your benefits. 

Seek Medical Advice Immediately

With a catastrophic injury such as paralysis, you likely received medical care immediately at the accident scene. However, if you notice any unusual symptoms or worsening of your condition, see a doctor as soon as possible. Seeking medical help is essential for your health and provides you with evidence of your injury and impairment, which is critical evidence for a workers’ compensation claim or lawsuit. 

Report Your Injury 

If you are injured at work, you should report the accident and injury as soon as possible. Ask your employer for an accident report documenting the incident leading to your injuries. In some states, you risk losing the right to workers’ compensation benefits if you do not report your injury within a certain timeframe, which can be as short as a month. 

File a Workers’ Comp Claim

In most cases, your employer should provide you with the documents and information required to complete a workers’ compensation claim. However, since your application for benefits is time-sensitive, make sure you file as soon as possible. Failing to file a workers’ comp claim before the deadline in your state could result in losing eligibility for benefits such as medical care and income loss. 

If you suffered a paralyzing work injury and your employer is not cooperating, or you do not know where to turn for help, Morgan & Morgan has your back. Our experienced lawyers could help you get the benefits you deserve. 

Benefits Available for Paralyzed Workers

While workers’ comp benefits cannot compensate you for the devastation and distress of a paraplegia or quadriplegia injury, they could help you manage your medical expenses and income loss. Benefits can vary from one state to another but generally include: 

Healthcare Expenses

In most states, workers suffering permanent paralysis receive medical care for the rest of their lives. Workers’ comp should cover all healthcare expenses connected to your work injury, including but not limited to:

  • Hospital stays
  • Surgeries
  • Medical devices such as a wheelchair
  • Medication
  • Home health care

You may also be entitled to benefits for modifying your home to your new needs, such as installing ramps, widening doorways, and remodeling a bathroom.

Income Replacement 

Most states offer permanent wage replacement benefits for injured workers with a disability that prevents them from working again. If you are a person with paraplegia and could work in a modified position, you could receive supplemental income benefits. 

In most states, disabled workers can negotiate a one-off lump-sum settlement or a structured settlement, providing them with disability payments over a certain period.
Since there can be advantages and disadvantages of accepting a lump-sum or structured settlement, consider asking an attorney for advice regarding your specific situation.

Death Benefits

If a paralyzed worker passes away due to work injuries, the surviving family members could qualify for death benefits. Depending on the state, close relatives could receive:

  • Funeral and burial costs
  • Weekly cash payments for the spouse and dependents
  • Educational benefits

An Attorney Can Help You Claim Workers’ Comp Benefits

If you or a loved one suffered these catastrophic and life-changing injuries, you should not leave your claim to chance. Workers’ compensation claims involving paralysis can be complicated. You could qualify for a range of benefits and may also be eligible for Social Security disability and other payments. 

Unfortunately, the workers' compensation insurance company is not necessarily on your side. However, a seasoned attorney from Morgan & Morgan can assess all your options for recovering benefits and prevent you from getting shortchanged by an insurer. 

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FAQ

Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

  • What if My Employer Was Uninsured?

    Finding out that your employer is uninsured can come as a huge blow, especially when suffering a life-changing injury such as paraplegia or quadriplegia. However, injured employees could sue an employer who failed to provide workers’ compensation coverage. Working closely with a dedicated labor attorney can be your best chance of success if your employer is uninsured. 

    Suing Your Employer

    If an employer negligently caused your accident and paralysis, you could have a legal case and sue them for compensation. Examples of employer negligence can include: 

    • Lack of training
    • Failure to provide a reasonably safe work environment
    • Failure to provide safety equipment and personal protection
    • Defective workplace machinery and equipment 
    • Lack of supervision
  • How Can Morgan & Morgan Help Me?

    We understand what you are going through. Morgan & Morgan’s founder, John Morgan, knows firsthand the pain, anguish, and financial hardship that paralyzed workers and their families can face. His brother Tim was permanently paralyzed in a work accident many years ago. Tim never got the compensation he deserved, leaving John outraged and determined to dedicate his life to fighting for the injured. Morgan & Morgan wants no injured worker to be left out in the cold like John Morgan’s brother Tim was. 

    Our tenacious attorneys want to preserve your dignity and give you the best shot at recovering what you deserve after suffering a disabling injury. We can:  

    • Ensure you get the medical treatment you need
    • Assess your workers’ comp claim and legal options for recovering compensation
    • Identify all other potential sources of benefits, such as Social Security disability
    • Negotiate with your workers' comp insurance company
    • Gather the medical records required for your claim
    • Prepare and coach you for workers' comp hearings
    • File a lawsuit on your behalf, if necessary
  • When Will I Receive My Permanent Disability Check?

    In most states, claimants will receive their permanent disability payments about two weeks after the insurance company receives confirmation of their permanent disability from their doctor. However, if there is a dispute over your impairment rating or over whether you have a permanent disability, the insurer may delay, minimize, or deny payments. If you are having trouble getting the workers’ comp benefits you deserve, contact an attorney for help as soon as possible.

  • My Workers’ Comp Claim Was Denied; What Should I Do?

    Receiving a denial notice can come as a shock. Most employees take it for granted that their workers’ comp claim will be approved. If you receive a denial notice, your first step is understanding why your claim was denied. Reasons for workers’ comp claim denials can include:

    • Lack of medical evidence
    • Mistakes on the claim form
    • You submitted the claim late
    • The employer disputes the claim

    Next, you should get a workers’ comp attorney on your side to help you appeal the denial. The process of appealing can be complex and lengthy. However, our tenacious lawyers could help you navigate the appeals process, represent you at hearings, and fight hard for the benefits you need.

  • Can I Choose My Own Doctor?

    In most states, your employer or the workers’ comp insurance carrier has the right to choose your treating doctor. However, since a company doctor primarily works in the employer’s best interests, workers can usually seek a second opinion or choose a different doctor after the initial appointment. If you want to change doctors, you should contact the workers’ comp administration in your state, as doing so without permission could jeopardize your workers’ comp benefits.  

  • Do I Need an Attorney for My Workers’ Comp Claim?

    While workers who have suffered a minor injury do not necessarily need a lawyer to handle their claim, people with paraplegia and quadriplegia may have better chances of getting what they deserve with professional legal representation. When a lot of money is at stake, including an injured worker’s medical costs and income, an attorney can provide leverage and potentially resolve a claim more efficiently. Hiring an attorney can be critical if:

    • Your employer or insurer fights your claim
    • You are not sure whether the settlement offer you received is adequate
    • Your claim was denied 

    A qualified lawyer can also determine other avenues for recovering compensation, such as filing a lawsuit against a third party or your employer.  

  • We Fight Hard for the Benefits You Deserve

    If you experienced a work accident that left you paraplegic or quadriplegic and are battling to get the benefits to which you are entitled, Morgan & Morgan has your back. In the toughest moments of your life, we can be your shoulder to lean on and fight for what you deserve.

    Our highly qualified and motivated lawyers and legal teams can offer you personalized attention, support, and counseling every step of the way. Importantly, we never charge you a dime upfront because we believe every injured worker deserves the best legal representation. Get started now and contact us for a free and confidential case review.

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