Certified Specialist, Workers' Compensation, The State Bar of California
Board of Legal Specialization
YOU DON’T HAVE TO HAVE AN ACCIDENT
TO BE INJURED AT WORK
Does your back hurt when you come home after work? Do you experience pain in your hands, arms or legs? You might not realize it, but you may be entitled to money benefits and free medical care through Workers’ Compensation.
Every employer in California is required to obtain and pay for Workers’ Compensation insurance for its employees. That insurance can provide disability payments for days you are unable to work because of an injury, free medical care, and money for permanent disability payments if you end up with a permanent health problem as result of your job.
It is not necessary that you have a specific accident or injury to claim these benefits. California recognizes the so-called “continuous trauma” claim and provides the same potential benefits that are available if you suffer an accident while working. This type of claim applies when the daily stresses and strains of the work place take their toll over time, resulting in physical pain or other health problems. Common health issues from continuous trauma include back and shoulder pains, tingling in the hands and wrists, and pain in the legs and feet, just to name a few.
It is not necessary that a continuous trauma leads to pain. Loss of hearing due to noise exposure may allow for access to medical care including free hearing aids for life as well as permanent disability benefits. Emotional stress from work may also result in psychological or physical disability which is recognized in California (subject to certain limitations). High blood pressure, heart problems, and some types of cancer resulting from chemical or asbestos exposure are all potentially compensable under the Workers’ Compensation system.
Even if you are unsure if a health issue was caused by, or aggravated by, a continuous trauma at work you have the ability to file a Workers’ Compensation claim and obtain a free comprehensive medical evaluation with a specially arranged Qualified Medical Examiner or Agreed Medical examiner who will make a determination as to whether or not you have suffered a compensable injury from your job.
For more information call the Law Office of Howard Stevens, a Professional Corporation, at 619-930-5748 or email using the contact form on this website.
All cases are different. The information presented here does not constitute legal advice regarding your case.