How To Get Workers' Comp For Cumulative Trauma In California
- Nov 8, 2022
- 3 min read
Getting Workers' Compensation For Cumulative Work Injuries In Los Angeles
Some particularly strenuous work can lead to cumulative trauma. One incident might not completely incapacitate you, but repeated accidents and injuries can lead to several problems. For example, you might eventually have to deal with significant medical bills, possible income loss, and pain and suffering.
That said, an insurance provider might only consider your most recent injuries, not those preceding them. This could lead to low payouts that don't cover the losses you incur due to cumulative trauma.
So, how do you prove it? What should you do to ensure your injuries and losses are covered? Here's what our prescreened California workers' comp attorneys have to say about it:
What Is Cumulative Trauma In Los Angeles Workers' Comp Claims?
These wounds are also referred to as "repetitive" injuries. Cumulative injuries are those that develop over time as a result of exposure or repetitive motion.
For example, some common cumulative injuries include:
Using a keyboard repeatedly, which causes carpal tunnel syndrome
Being continuously exposed to toxins or chemicals, which cause respiratory problems
Constantly lifting heavy objects, causing back problems
The date the injury occurred can be challenging to pinpoint because this kind of injury develops gradually over time.
That's why most top-rated personal injury lawyers in Los Angeles advise everyone to get medical attention for any injuries suffered in the workplace. This way, you get everything on record, and those documents can serve as proof of your claims in the future.
How Is A Cumulative Trauma Claim Proven In California?
Since there are so many problems with identifying the scope and time of cumulative trauma claims, there must be thorough investigations and a solid case to prove it to the court.
The most important aspects of proving the case are as follows:
1. Investigating the claims as early as possible
Setting up a successful repetitive trauma defense requires early and thorough investigation. Therefore, an investigation's initial focus should thoroughly examine the claimant's regular work activities.
Creating a thorough job description that includes the frequency, weights, and forces applied to carry out each task is crucial. If the claim goes before a judge, a real-time video of the work may be persuasive. Additionally, find out how many claims for repetitive trauma were submitted by workers in comparable positions.
Your California workers' comp attorney will establish this in your claim. Hence, you must work with them to ensure a solid case.
2. Examining the claimant's medical background
Assessing co-morbidity contributing to health conditions and reviewing prior medical treatment is advised. As mentioned, your medical records will play a massive role in the case.
However, if you don't have sufficient medical records, you and your workers' compensation attorney in Los Angeles could find medical experts or establish your condition in other ways.
3. Background checking the claimant
Background checks and social media analysis frequently reveal crucial details about activities and problematic behaviors outside of the workplace.
In addition, social media may provide essential information about the life and interests of a claimant.
A diagnosis may be influenced by evidence of behaviors like regular exercise, involvement in recreational sports leagues, and video gaming. Activity that conflicts can also be used as evidence at a hearing regarding the alleged cumulative trauma condition's seriousness, or lack thereof.
Why You Need Top-Rated Workers' Comp Lawyers In California
The ambiguous nature of cumulative trauma makes workers' comp claims challenging. However, a prescreened and experienced California workers' comp lawyer can help you back up your claims with thorough investigations, good evidence, and meeting deadlines.
Your Los Angeles workers' compensation attorney will also represent you in negotiations, send demand letters, and assist you should things escalate to the courtroom.
Hire The Best Workers' Compensation Lawyers In Los Angeles!
1000Attorneys is an attorney referral agency certified by the state bar of California. We give referrals to prescreened California workers' comp attorneys, ensuring clients only get experienced, trusted, and discipline-free lawyers.
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