Workers' Compensation Injuries In California
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 occur at work gradually over a period of time or as a result or 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, repeated use of your hands while not at work might contribute to a cumulative trauma work related carpel tunnel injury. 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. As long as some portion of your cumulative trauma injury was caused by your work activity, you still have a potentially legitimate workers' compensation claim.
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 shocking event at work, or if you are exposed to repetitive stress at work that causes depression, sadness, 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 a physical injury as a result of a particularly violent event at work that causes you to have nightmares, if you suffer constant pain because of a physical injury that causes you depression or loss of sleep, if your inability to earn your regular income because of a physical injury causes you stress over of your inability to pay bills, or if a physical injury causes sexual dysfunction, you may have a legitimate workers' compensation claim for psychological injury as a result 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.
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