Legal Question in Workers Comp in California

An injury that occurs over time, such as yours, is called a "cumulative trauma" claim and is usually a result of repetitive motion. From the information you provided, it appears that you may have a valid claim for workers' compensation benefits.

Ask your employer for a claim form right away and fill it out. Keep a copy for yourself and give the form to your employer. Then tell your employer that you would like to see a doctor.

In the meantime, I strongly encourage to you to consult with a workers' compensation attorney as soon as possible--consultations are free. You may give me a call at 415-655-6789 or go to www.caaa.org to locate another attorney in your area.

Good luck!

From what you wrote in your question, it is apparent that you suffered a CT over time. Please contact me on my cell phone at 818.943.0462, and go to my website at www.lupofflaw.com.

You have reported A CONTINUOUS TRAUMA industrial injury to the employer.

The employer -- by Labor Code -- is to provide you with a ClaimForm within 24 hours of notice of this work injury.

If the HR staffer didn't provide a Claim Form on the spot, they don't have sufficient experience.

Go to: http://www.dir.ca.gov/dwc/DWCForm1.pdf and print it and complete it and SAVE A COPY... then FAX it and save the Fax Transmission report, and had the original to the supervisor... THAT action begins control by the state called "jurisdiction".

Starts the ball rolling officially, so to speak.

You DO have a claim, but that doesnt guarantee the employer's Comp Insurer is required to 'accept' it. If the Employer tells its Insurer not to accept, the Insurer can "delay" for 90 days then issue a denial. (You do get to run up $10,000 in treatment bills...but then you'll need to find docs agreeing to treat by 'Lien", hoping to get paid later...few doctors do this.)

Until the Insurer ACCEPTS the claim or until the Workers Comp judge issues a Findings and Award finding a work injury, no you are not entitled to benefits.

I've got answers to questions on www.imhurt.info, and there's some really good review of what to expect on the state's website, cut and paste this in your brower: http://www.dir.ca.gov/dwc/WCFaqIW.html

Hope that helped.