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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Default Cumlative Trauma and Workmans Comp

    My workers compensation claim was made in the State of: Ca.
    I haven't filed for W.C. but I'm looking into it. I worked in a hardware store for 27 yrs. I did lifting, stalking shelves, bending, standing, walking, mixing paint, (1 gal and 5 gal. pails). I didn't have any specific injurys to report at work, just over the years it affected my back. I had back surgery (spinal fusion L-4, L-5, S-1) in Sept. 2009.I didn't return to work beacuse I can't do the job duties required. I still have pain when I do everyday chores. Can I still file for cumlative trauma caused from the years working at the hardware store. My boss let me go in Oct. 2010.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Cumlative Trauma and Workmans Comp

    I had back surgery (spinal fusion L-4, L-5, S-1) in Sept. 2009..... My boss let me go in Oct. 2010.
    You have one year from the date you/your Dr find or determine the injury you are claiming is work related...however, CT at this point would be extremely difficulty. Not impossible. The basis here would be your ER knowledge of the injury you are claiming... alll you can do is file the first report of injury...and see what happens...IMHO, you are SOL and that's not Statute Of Limitatioins...
    cumlative trauma caused from the years working at the hardware store.
    Everyone suffers "CT" to some extent due to their job, daily living activities, aging process... why wasn't this discussed with your Dr in 2009?
    What are you trying to recover at this point ?
    File the claim ... you'll have an answer soon enough.

  3. #3
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: Cumlative Trauma and Workmans Comp

    Discussed with your doctor but, why wasn't this discussed with your employer? Its not like your off having major surgery and back to work a day, week, month or hell six months later, they had to know something, didn't hey?
    IMHO, they seemed to count the days so you couldn't/wouldn't file for WC.
    Knowledge is a beneficial tool for the injured worker!

  4. #4
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Cumlative Trauma and Workmans Comp

    Don't let the responses from others on this board deter you.
    many, many claims are filed within the 1 year statute. you have little to loose and something to gain.

    the real questions for you are: is there an atty that will take the case and will your doctors support work causation?
    to start looking for an atty go here
    caaa.org
    and discuss a work connection with your doctors.

  5. #5
    Join Date
    Jun 2011
    Posts
    2

    Default Re: Cumlative Trauma and Workmans Comp

    I am in the court room often dealing with these issues. I can tell you it's going to be an uphill battle, you might recover something but I can almost guarantee you will end up with a Thomas finding disputing the whole case. GL to you either way.

    Tim

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