3 Types of injuries covered under California Workers’ Compensation


Posted April 14, 2021 by ebraunlaw

Cumulative injuries require the expert opinion of a doctor to prove it qualifies for workers’ compensation benefits.

 
California workers' compensation law allows an injured worker to claim compensation if they have been injured at work. However, the injured worker is required to prove that the injury was the result of and/or occurred in the course and scope of employment.

California workers’ compensation law recognizes the following types of injuries –

Specific Injury

A specific injury refers to an injury is caused by a single event, for example, a slip and fall, an object falling on the worker, a car accident, or a similar event led to an injury at a specific time and date.

Cumulative Trauma Injury

A cumulative trauma injury refers to a type of work-related injury that results from repetitive work-related activities over a longer period of time.

Common examples of cumulative trauma injury are regularly typing on a keyboard that leads to carpal tunnel syndrome, or prolonged heavy lifting that leads to back problems, or continuous exposure to dust leading to lung disease, or repetitive stress which leads to heart issues.

Cumulative injuries require the expert opinion of a doctor to prove it qualifies for workers’ compensation benefits. You probably need a workers’ compensation lawyer to prove that you deserve the benefits.

Psychiatric, mental or emotional injuries

Psychiatric, mental and emotional injuries may be difficult to prove.

Work-related stress must be the main cause of the injured worker's problem and stress cannot arise out of a good faith personnel action. Claims for psychiatric, mental and emotional injuries are often denied by the employers’ insurance carriers and the courts consider what an employer does as a “good faith personnel action” unless it is outrageous or illegal conduct.

So, if you believe you are a victim of illegal or outrageous conduct at the workplace, consult an experienced workers’ compensation attorney to discuss your case.

Psychiatric injuries may also be the result of specific events, such as a bank robbery, or as a result of a specific injury that has caused serious physical disabilities. To recover on a psychiatric injury with workers’ compensation, you must have 6 months of employment with your employer. Your workers’ compensation attorney can help you understand what benefits you can get in your specific case.

Even physical injuries can lead to mental and emotional symptoms, and in some cases, a worker may be able to receive benefits for mental and emotional symptoms that resulted from a physical injury. An experienced workers’ comp lawyer in your state can help you get what you deserve.

If you wish to consult an experienced handicap liability injury or workplace injury lawyer in Panorama City or Sherman Oaks, CA, schedule a consultation with the law office of Eduard Braun in California, at 877-533-4LAW.
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Last Updated April 14, 2021