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Injuries in California for Workers' Compensation Claims

In general, there are two types of injuries that a worker can suffer while at work. First, there is the "specific injury." This is what most people think of commonly when it comes to a work injury. If an injury is caused by one particular incident, then it is considered to be a "specific injury." For example, if you lift something heavy and hurt your back, if you are injured by an assaulted at work, or if you are involved in an auto accident while making a work related delivery, these are all "specific" injuries or injuries that result from a specific incident.Then, there are "cumulative trauma" or "repetitive" injuries. These are injuries that happen gradually at work over a period of time or during a course of repetitive action. For example, if you use your hands repetitively and you develop carpel tunnel syndrome, if you are exposed to constant loud noise and you develop hearing problems, if you constantly lift heavy items and gradually develop back pain, or if you do a lot of walking or climbing at work and you develop knee pain, these are all "cumulative trauma" or "repetitive" injuries. Even if you cannot point to a single incident as the specific cause of your injury, cumulative trauma or repetitive injuries are still legitimate for claiming workers' compensation.Because work related cumulative trauma or repetitive injuries happen gradually over a period of time, they may be caused partially by non-work related activities. For example, repetitive use of your hands at home might contribute to a cumulative trauma work related carpel tunnel syndrome. Exposure to non-work related loud noise may contribute to a cumulative trauma work related hearing loss injury. Recreational running may contribute to a cumulative trauma work related knee injury. If some part of your cumulative trauma injury was caused by your work activity, you still have a potentially legitimate claim for workers' compensation.Also, in addition to physical injuries, psychological injuries can also happen either as a "specific injury" or a "cumulative trauma" and are legitimate for claiming workers" compensation. For example, if you are exposed to a particularly shocking or disturbing incident at work, or if you are exposed to repeated stress at work that causes sadness, depression, loss of sleep, loss of appetite, or even sexual dysfunction, among other symptoms, you may have a legitimate workers' compensation claim for psychological injury.Psychological injuries can also result from physical injuries. For example, if you suffer physical injuries from a particularly violent incident that causes you to have nightmares, if you suffer constant pain from a physical injury that causes depression or loss of sleep, if your inability to work from a physical injury causes stress over your abilities to pay your bills, or if a physical injury causes you to experience sexual dysfunction, you may have a legitimate workers' compensation claim for psychological injury as a consequence of and in addition to your physical injury.DISCLAIMER: Please be advised that this article is intended as a guide only and does not constitute actual legal advice. You are expressly advised to seek legal counsel if you have questions about your particular workers' compensation claim.

Injuries in California for Workers' Compensation Claims

By: David Park




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