Not every workplace injury will happen because of an accident. Oftentimes, some injuries will develop over a period of time, such as repetitive motion injuries. In California, there are thousands of people who are employed at jobs where they will need to perform continuous and repetitive activities day after day. Other workers perform labor that is physically strenuous. Repetitive motion injuries, a category of workplace injuries, are some of the most serious injuries a worker can endure.
In California, a worker who has suffered a repetitive motion injury has the right to file a workers’ compensation claim. Regrettably, there are many workers that are either denied benefits or underpaid in benefits. Here we will discuss what types of solutions are available for these challenges and what you can do to have a successful claim.
Challenges in Filing a Claim
When it comes to repetitive motion injuries, one of the biggest issues you could face is the inability to demonstrate that the injury occurred because of a work-related duty. In the State of California, a worker has one year from the time the injury occurred to file a workers’ compensation claim. However, because repetitive injuries occur gradually, determining the exact date in which the injury begun could be tricky. For workers that have suffered an illness or repetitive motion injury, they have a year from the date the injury or ailment was discovered to file the claim.
What To Do Following the Discovery of a Repetitive Motion Injury
As soon as you have learned about your injury, it is essential to notify your employer and seek medical treatment as soon as possible. Treating the injury will establish a medical record that will be key to filing a successful workers’ compensation claim. It is also a tool that will help you obtain the amount of compensation you deserve.
It should be noted that marinating medical appointments is also imperative to a successful workers’ compensation claim. Many insurance companies will deny repetitive motion injury claims arguing that it was your age, weight, and/or genetics that caused the medical issue. Depending on the facts of your case and your medical record, you may be able to successfully contest a denied or underpaid claim.
Speak to a Qualified Workers’ Compensation Attorney
If have developed a repetitive motion injury such as carpal tunnel or tendonitis because of a workplace duty, you have a right to seek workers’ compensation benefits. In the event that your claim was denied, you may be able to reverse that decision. If you have already filed a claim and you were underpaid, consult a professional attorney who will fight for your case and help you receive the benefits you truly deserve.
Attorney Albert E. Hirst is proficient in the area of workers’ compensation claims in the State of California. He is committed to helping workers receive the benefits they deserve following a workplace injury. If you have developed a repetitive injury because of a workplace responsibility, consult a skilled and experienced attorney straightaway.