Catastrophic Claims

Overview

Claims for catastrophic injuries are different than typical workers’ compensation matters. Beyond the severity of the injuries and elevated exposure, there are clear differences in how these claims should be investigated, handled, and settled.  

Kelley Kronenberg’s Catastrophic Claim Experts have extensive knowledge and experience managing files involving compensable catastrophic injuries, defending non-compensable claims, and achieving advantageous and sound settlements where annuities and Medicare Set Asides are involved. These include claims handled from inception or taken over at the excess coverage level due to the significant exposure of the matters.  

Claimants’ attorneys representing clients with catastrophic injuries approach their files differently and they know who to consider their most formidable opponents. Having an attorney known for effectively containing catastrophic claims places you in a stronger position whether in court or at the negotiating table.  

Typically, settlement is the goal when handling catastrophic claims. To accomplish this goal, your defense team must be well-versed in Medicare Set Asides and the CMS approval process, assessing the present value of Permanent Total Disability benefits, Social Security offsets, annuity arrangements, and potential guardianships. Settlement of these claims requires skill beyond that of the average practitioner; inadvertent errors can result in fines and penalties being imposed on the employer and/or carrier.