Cumulative Trauma Attorney in Santa Ana, California

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There are different types of workplace injuries. Specific injuries include but are not limited to some form of sudden event such as a fall, lifting injury with trauma to the spine, an assault and battery by a co-employee, or an amputation of a body part. The other category of injury is that of cumulative trauma. The word cumulative denotes a gradual progressive injury to a body part or body parts that result from the activities in a workplace. For example upper extremity injuries to the hands, wrists, or elbows can be the result of repetitive fine dexterity activities such as typing. Injuries to the spine, hips, knees, or feet can result from repetitive heavy work activities involved in construction or perhaps a warehouse-type job. In reality the claim for cumulative trauma would encompass any type of strenuous job activities over a period of time. Most cumulative trauma injuries occur over a lengthy period of time of at least 1 (one) year or more. However, such injuries could occur over shorter periods perhaps as little as 3(three) to 6(six) months.

Many doctors do not either like or understand the concept of cumulative trauma injuries. If you are confronted by such a doctor it is more important than ever to consider legal representation. Another form of cumulative trauma can be exposure to toxic substances in the work environment once again over a period of time. An injury occurring from exposure to a toxic substance that took place all at once might better be described as a specific injury. In any event many cumulative trauma injuries which are the result of exposure to chemicals and or toxins may not manifest themselves for a number of years. A good example of this would be asbestos poisoning. The result and damage to the lungs may not actually show up for 10 to 15 years after the last instance of exposure. For this reason, it is very important to never agree to settle a guage that you are releasing the employer from any and all liability per section 1542 of the civil code. Under this provision you are forever releasing the employer from liability from any form of injuries that are known or unknown. Naturally you may not have any knowledge that you have developed or developing any form of condition such as cancer that is related to exposure to a toxin for many years after the fact. If you have developed such symptoms with this type of injury even years after your last exposure you should consult an experienced Workers Compensation attorney.

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