What Is A Cumulative Trauma Injury?
A cumulative trauma Injury is one of the most common topics of workers’ compensation injuries. Many people do not realize that if they do not have a specific mechanism injury, such as heavy lifting or falling, that they can still have a valid workers’ compensation injury. In a cumulative trauma claim, the cumulative effect of work over years will have an effect on someone’s body. It is a valid medical claim and even defense doctors will justify it. It does not require a specific injury.
A cumulative injury case can often be quite valuable because the defendants have to pay for medical care for that injury throughout the injured workers’ lifetime. Another important thing about cumulative injuries is that the statute of limitations is fluid because oftentimes, someone will stop working and they will not realize they have a cumulative injury for quite some time after.
Is A Work Injury A Specific Injury Or A Cumulative Trauma?
You can have a specific injury and a cumulative trauma injury. For example, a person can have a back injury, then they will lift something and their back will just get worse and worse over the years. They will not only, in that case, have a specific injury but also a cumulative injury. They might think that because they did not file a specific injury soon enough, they will not be able to recover. Common cumulative injuries are generally back injuries, knee injuries, shoulder injuries, and wrist injuries.
Why Does It Matter If An Injured Worker Has A Cumulative Trauma Or A Specific Injury?
The type of injury will affect how the case is handled and it can sometimes affect the amount of money a client will be awarded, depending on how the doctor views it. Many times, the person will have a cumulative injury and several specific injuries. Depending on how the doctor divides up the liability for those injuries, it can affect the recovery.
Can Cumulative Trauma Injuries Include Both Mental And Physical Injuries?
It is possible to have both a mental injury and a physical injury. Mental injuries are difficult to prove and difficult to get compensation for, and there are a number of defenses. With a physical injury, there are less defenses available and it is much more accepted. It gets complicated but that is something for your lawyer to worry about. Even if there is a mental injury without a physical injury, you can file a workers’ compensation claim for it and oftentimes get a settlement.
For more information on Cumulative Trauma Injury In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (916) 381-2011 today.
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