Are Repetitive Stress Injuries In The Workplace Covered In WC Cases?
A repetitive stress or strain injury is when the muscles, nerves, ligaments, and tendons are overused or experience a gradual buildup of damage through repetitive motions. From typing on the keyboard to grasping tools, there are many ways someone can sustain a repetitive stress injury at the workplace. Experiencing swelling or pain due to continuous motion can significantly affect your job and your hobbies and daily activities.
If you find yourself suffering from a repetitive stress injury due to negligence within the workplace, you can seek compensation for the harm. When you work with our experienced workplace injury lawyers at KCNS Law Group, you’ll have a team of motivated individuals with years of knowledge on your side. Navigating through the complexities of a workers’ compensation claim can feel frustrating and confusing but having attorneys you can count on makes all the difference.
Two Types of Workers Compensation Claims in California
Repetitive stress injuries qualify for workers’ compensation. Some individuals may brush off repetitive stress injuries as not dangerous and challenging, but the truth is that a repetitive stress injury can severely affect your ability to complete jobs and regular tasks. While other injuries may happen in a split second, repetitive stress injuries are built over time and become more severe with every second.
There are two types of injury claims that can be filed under workers compensation:
Specific Injury Claims
A specific injury claim is where an incident or accident occurs on a given day and causes workers’ injuries. A perfect example is if an object or item falls on a worker and causes an injury. If the object was tied down with an old and used rope and the organization was tasked with to replace; they are responsible for the harm.
Continuous Trauma Injury Claim
For a cumulative or continuous trauma injury, the repetitive stress and strain of a workers’ day-to-day job duties cause a gradual onset of injuries to that worker. So rather than the injury occurring due to a one-time specific incident, the injury gradually develops or arises over time.
An injury built up over time is severe and hints at underlying issues within the company or management. Often, an injury built up over time takes a lot longer to heal. Physical therapy and other treatment methods might be necessary for your full recovery.
What You Need to Know About for a Workers Compensation Case
Filing for a workers’ compensation case is filled with medical documentation and many different legal terminologies. A workers’ compensation attorney can help with all the heavy lifting, but there are still some crucial pieces of information you’ll need to understand. Before you file a workers compensation case, here are some crucial factors to consider:
Statutes of Limitations
While an injured worker often has to report an injury to their employer within 30 days after the injury occurs, there is also a one-year statute of limitations. The SOL requires an injured worker to file an Application for Adjudication within one year from the date of injury or from the date of the last furnishing of indemnity or medical treatment, whichever is longer.
Past Medical History
When filing a claim for WC benefits, any prior injuries involving the same body parts, conditions, or illnesses part of the pending WC case must be disclosed by law. Based on the severity and magnitude of the prior injuries, a doctor may apportion or attribute a portion of an injured workers’ current level of disability to the prior injuries.
Eligibility for Disability Benefits
An employee receiving workers’ compensation benefits can also be eligible for short- or long-term disability benefits and/or Social Security disability benefits. However, the law generally disfavors double recovery from the same injury. In other words, any monetary benefits received from those disability sources may be offset by any money received from workers’ compensation. The same would apply to any state disability payments received from the EDD.
Once you can get medical attention for your injury, contacting a workers’ compensation attorney will help you keep track of medical records and other important documents you might need. It’s critical that you contact a WC attorney as soon as possible, so your attorney can help guide you through the process.
Damages You Can Recover Through Workers’ Compensation
Unlike with a personal injury case, there is no compensation for pain and suffering or punitive damages. Holding your workplace responsible for the harm they caused is vital to your recovery process. The damages in WC cases are generally limited to the following benefits:
- Medical and treatment care
- Temporary disability payments
- Permanent Disability payments
- Supplemental job displacement voucher
- Wrongful Death benefits
Not only can a workers’ compensation case help seek compensation for current medical fees, but future ones as well. If you have suffered severe, debilitating injuries from the accident, your future medical bills can be included in the damages recovered.
Trust Experienced California Workers’ Comp Lawyers at KCNS Law Group
Worker’s compensation cases are nerve-wracking and frightening. However, seeking compensation for the harm you suffered is necessary for a smooth recovery. The medical bills and other financial losses can quickly add up if you require specific medical attention. Our team at KCNS Law Group works hard to provide clients with reliable information and guidance. We have dedicated our proactive efforts to make sure our clients feel right at home. With years of experience working with people all around California, we have the tools to help your case seek the best possible outcome.
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