A workplace injury can happen at any time, in any industry. Whether it results from a single accident or develops slowly over years of repetitive work, the consequences can be significant. Understanding your rights and the steps to file a workers’ compensation claim is crucial for protecting your health and financial stability. At Katnik & Katnik Lawyers, we have seen firsthand the challenges injured workers face, and we are committed to providing the guidance and advocacy they need.
Workplace injuries are not always the result of a single, dramatic event. Many develop over time, making them difficult to prove without experienced legal support.
A Story of Cumulative Trauma: 30 Years of Dedication
We recently represented a dedicated deli clerk who had worked for a major grocery store chain for over three decades. Throughout his career, he spent long hours on hard surfaces, performing repetitive tasks that took a toll on his body. He consistently sought treatment for chronic pain in his knees, hips, neck, and back.
Over time, his ailments became severe. He was diagnosed with “bone on bone” conditions in both his knees and hips, eventually requiring a hip replacement. He also suffered from degenerative disc disease at multiple levels in his neck and back. Despite his long history of symptoms, his employer never provided him with a claim form because there was no specific incident to report.
When he finally sought to file a claim, the third-party administrator denied it, arguing that the absence of a single injury event meant his condition was not work-related. They even claimed they were unaware of his chronic problems, despite his 30-year employment history and documented medical treatments.
When he came to our firm, we immediately recognized the pattern of a Cumulative Trauma (CT) injury. We successfully demonstrated that his debilitating conditions were a direct result of his three decades of employment duties. By proving this connection, we overturned the denial and secured the medical care and compensation he rightfully deserved. This case underscores the importance of recognizing that injuries accrued through repetition are just as valid as those from a sudden accident.
Practical Steps for Filing a Workers’ Compensation Claim
Navigating the workers’ compensation system can feel overwhelming, but following a few key steps can protect your rights and strengthen your claim. We often tell our clients that their “medical records are your game film”—they provide the crucial evidence needed to win your case.
1. Report Your Injury and Symptoms Immediately
The first and most important step is to notify your employer.
- For a single incident: Report the accident to your supervisor immediately, no matter how minor it seems.
- For a cumulative trauma injury: As soon as you suspect your pain is work-related, report your symptoms to your employer in writing. Since there isn’t a single “injury date,” documenting the progression of your symptoms is key. Always request a copy of the written report for your records.
2. Seek Comprehensive Medical Treatment
Do not try to “tough it out.” Seeking prompt medical attention is vital for both your health and your claim.
- Visit a medical provider right away. This can be your primary care physician, a chiropractor, or a specialist.
- Document every ailment. Even if one injury is causing the most pain, make sure the provider documents all your symptoms. In the deli clerk’s case, documenting his hip, knee, and spine symptoms was essential. Gaps in treatment are one of the most common reasons insurance companies use to deny claims.
3. Document Everything
Keep detailed records of everything related to your injury and claim. This includes:
- Dates and times of incidents or when symptoms appeared.
- Copies of all medical records, bills, and test results.
- Names of doctors, supervisors, and insurance adjusters you speak with.
- A journal detailing your pain levels and how the injury affects your daily life.
Why You Need an Experienced Attorney Early
The workers’ compensation system is not a collaborative process; it is a fight. The insurance company’s primary goal is to minimize its payout, not to ensure your recovery. If you are seriously hurt, you are facing a massive corporate system alone.
Hiring an experienced workers’ compensation lawyer early levels the playing field. Your attorney acts as your “offensive line,” protecting you from the insurance company’s tactics and ensuring you receive the benefits you are entitled to. An attorney can help you:
- Properly file your claim form and meet all deadlines.
- Gather the necessary medical evidence to prove your case.
- Negotiate with the insurance company on your behalf.
- Represent you in court if your claim is denied.
Understanding Lesser-Known Injuries: Cumulative Trauma
Many workers are unaware that injuries developing over time from repetitive activities are covered by workers’ compensation. These Cumulative Trauma (CT) claims are common in many professions, from office workers developing carpal tunnel syndrome to construction workers suffering from chronic back pain.
These injuries are just as valid as those from a single accident, but they often require more extensive documentation to prove they are work-related. An experienced attorney can help connect your long-term physical activities at work to the medical conditions you now face.
You Have the Right to Fight for Your Benefits
We wish every injured worker understood a simple truth: the benefits you receive are a right you must fight for, not a gift you will be given. Facing a workplace injury requires a resilient, “never give up, never back down” mindset.
At Katnik & Katnik Lawyers, we have been advocating for injured workers in Orange County for over 65 years. We understand the physical, emotional, and financial toll a workplace injury can take. Our attorneys offer aggressive yet compassionate advocacy when our clients need it most. If you have been injured at work, contact us for a free, confidential consultation to discuss your case. We are here to help you secure the support and compensation you deserve.