David Park, Attorney at Law
619.795.9555

Longshore & Harbor Workers’ Compensation Act Claims

Types of Injuries

There are two general categories of workers’ comp injuries that you can claim. They are “specific” injuries and “cumulative trauma” injuries, also known as “repetitive” injuries.

Specific Injuries

“Specific” injuries are those that occur from a single, specific work related incident.

For example, if you fall and injure your leg, or if you are the victim of an assault, or if a catastrophic event causes brain damage or paralysis and renders you a paraplegic or quadriplegic, or if you are injured in a motor vehicle accident, these are all “specific” injuries that result from a single traumatic incident.

Cumulative or Repetitive Trauma Injuries

“Cumulative trauma” or “repetitive” injuries are those that happen gradually over a period of time while working. In some cases, at first, you may not even realize that you’ve suffered an injury for which you may file a worker’s compensation claim.

For example, if you repeatedly lift heavy things and gradually develop back pain, or if you are exposed to constant loud noise and develop hearing loss, or if you are routinely exposed to harmful chemicals, fumes, or other dangerous work materials and develop respiratory, brain, or other internal injuries, or if you run around all day and develop knee pain, these are all injuries that develop over time from exposure to a series of traumatic events.

Even though you may not be able to point to a single incident as the specific cause of your injury, cumulative or repetitive trauma injuries are still legitimate workers’ comp injuries even if some of the traumatic events contributing to your injury may not have been work related.

Psychological Injuries

In addition to physical injuries, psychological injuries such as anxiety, depression, and post-traumatic stress disorder can also happen either as a “specific” or a “cumulative trauma” injury and are legitimate for claiming workers’ compensation.

Death Claims

Lastly, for those that make the ultimate sacrifice and are killed at work, a special claim for death benefits may be filed by the surviving spouse and dependent children.

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