Your Workers’ Compensation Attorney in Burbank Can Help Claim for Cumulative Injuries

cumulative injuries

Do you suffer from back pain and find it difficult to determine a precise date when the injury had started? Injuries like back pain and carpal tunnel syndrome are cumulative injuries and one of the most challenging to prove in California’s workers’ compensation system.

Your worker’s compensation lawyer in Burbank can help you get the desired outcome for your claims.

What Exactly Are Cumulative Injuries?

Well, workplace injuries are generally a single accident like a broken arm after a fall. These injuries and the date of injury are easily determined as the day of the fall.

A cumulative injury, however, is an injury that occurs with time.

The perfect example is a repetitive stress injury caused by repeated movements. So while each action contributes slightly to the damage, its collective effects can lead to a severe injury with time.

Even diseases induced by exposure to a workplace toxic substance are considered a cumulative injury. It can lead to injuries that develop with time with repeated exposures.

It’s the gradual effects of the injury that makes it difficult to determine the injury date. The date is essential in a worker’s compensation claim because it determines some deadlines and affects your payable benefits.

Can You Get Workers’ Compensation for Cumulative Injuries?

workers' compensation claim formCalifornia’s Workers Compensation scheme mandates that all work-related injuries, induced by single or repetitive actions or exposures, are compensable. About 18% of workers’ compensation claims are for cumulative injuries.

However, the problem is that’s it challenging to prove that a cumulative injury is work-related. For example, your employer may argue that the back pain you got from repeatedly bending and twisting at work may be induced by something not work-related.

Is It Possible to Prove that the Cumulative Injury Is Work-Related?

Yes, it’s possible, with the help of medical professionals. However, it’s relatively trickier to prove claims for cumulative injuries than single accidents.

For example, you can prove that you were exposed to a toxic substance only at work and nowhere else.

This is why employees with cumulative injury claims should hire a lawyer to pursue the claim. Besides, most claims administrators resist paying claims unless a lawyer represents the employee.

Can You Get Compensation for Cumulative Mental Injuries?

Even emotional distress caused by employers or co-workers’ constant abuse is regarded as a cumulative injury. it’s because the impact on the employee increases with time.

While cumulative psychological injuries are compensable, injured employees need to fight to collect their related benefits. Claims administrators tend to routinely deny them.

Your Burbank workers’ compensation attorney can help improve your chances of claiming benefits.

Compensation is generally available when workplace stress has a significant role in causing the injury than being a part of the tension in your life.

There, however, is an exception, like when the mental damage is a consequence of witnessing workplace violence.

Your attorney is the best person to determine if and when you are eligible for compensation for psychological injuries developed with time.

What Is the Injury Date?

Injured employees are considered for compensable claims for cumulative injuries if they miss work because of the damage or its treatment. However, you must know when you knew or should have known that the injury was work-related.

Besides, you may lose the chance of a successful claim if you take too long to report the work-related injury.

Unfortunately, most workers don’t even know the injury is work-related until the doctor explains its likely causes. And injured workers who learn but do not inform their employer about it, risk losing their California workers’ compensation system-based rights.

It’s even more challenging to make an injury claim if you get terminated from work.

So it’s better to inform your employer of the work injury as soon as you suspect your physical or mental impairment is work-related.

It’s also wise to approach and hire a competent workers’ compensation attorney in Burbank to help you with your cumulative injury claim.

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