I do not think I can keep doing my job because my body has worn down, can I still file a workers' compensation claim?
The short answer is YES – Many workers believe that workers' compensation laws only apply to specific-incident types of injury. This is not true – the law also applies to cumulative trauma ("CT") injuries, commonly known as "wear and tear" injuries. CT-injuries are entitled to the same exact benefits as specific-incident injuries, including temporary disability payments and medical care.
It is especially important for workers in the trades to understand because the heavy physical work frequently causes CT-injuries. Even some doctors do not understand this issue, and will tell a worker the injury is not work-related because it's due to "old age," "degeneration," or "arthritis."
CT claims are usually denied by the insurance company. But, an attorney can help you fight the insurance company and overturn the denial.
-Zachariah Hansen, The Arns Law Firm, San Francisco, CA
For more information on work-site accidents and
your legal options, visit the ARNS Website.
"Interaction via "Ask the Expert" does not establish an attorney-client relationship. Any advice given is neither legal advice nor does it serve as a replacement for hiring an attorney. In addition, any case results mentioned or discussed are not guarantees of similar results."
This Month's Expert; Zachariah Hansen
Zachariah Hansen has proven himself as an indefatigable litigator who has obtained outstanding results for the clients of The Arns Law Firm. Zach was actually a student in Bob Arns’ trial practice class at the University of San Francisco Law School for 3rd year law students. After the class was completed, Bob was so impressed with Zach’s ability, great heart for the cause, and calm demeanor in the heat of battle, he offered Zach a job. Zach has been dedicating his legal career to helping people who have been injured obtain the compensation they deserve.