Legal Question in Workers Comp in California
specific injury date unknown in california
I've worked for ten years in physically high demanding job, providing care for Severe behavior developmentally disabled adults. I have recently started having shoulder pain, yet no specific injury to pinpoint reason for pain. So i have went to my family Doctor who has referred me to a orthopedic. Very slow process, and has put me on light duty for a month. My question is do I notify work that it may be from repeated pulling, lifting, in my work history and undertermined at time. do I have any rights to workers comp, even if no known specific date of injury.
3 Answers from Attorneys
Re: specific injury date unknown in california
It seems that you may have suffered a cumulative trauma. This means that you have suffered an injury from repetitive movements over time (As opposed to a �specific injury which occurs in a moment e.g., a slip and fall, getting caught in a machine, etc.). This is a compensable injury. You absolutely should report this to your employer. They have an immediate duty to send you to a doctor.
Be advised however, clinics specializing in medical care for injured workers usually minimize the injured workers injury(ies) so that they can release them back to work and reduce their own liability.
This is one of many reasons why injured workers hire counsel. If you would like a free consultation and you are in the Los Angeles, Orange County, and Ventura County areas, please feel free to contact my office at 818.385.0520.
Re: specific injury date unknown in california
There are two general types of injury in W.C.: specific injuries as when you fall down onto your shoulder and 2)cumulative trauma which is repetitive micro tauma tothe same area which finally manisfests itself in symptoms. So you have the typical latter type claim.
Re: specific injury date unknown in california
You have a cumulative trauma type of injury which does not have a specific date of injury. You need to report your injury to your supervisor immediately and ask them to send you for treatment. If they refused or you are not satisfied with the treatment you may change your treating physician. You may need to be taken off work for a period of time while you are receiving treatment or return to modified duty work. In any event, to protect your rights, you need legal representation to deal with employer's insurance carrier. we have clients all over California. Call us at 213.388.7070 for a free consultation.
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