Cumulative trauma injury workers' compensation claims are crucial for
employees who have been hurt at work overtime, not within a single instance
or accident. Oftentimes, a cumulative trauma injury claim is filed by
an employee who was
exposed to toxic substances for many years, or who completed the same action again and again, ultimately
repetitive stress injury (RSI). The benefits gained through a workers’ compensation claim
for a cumulative trauma injury lets those employees pay necessary bills,
keep some form of gainful employment without worsening their injuries,
and try to enjoy as comfortable a life as possible given their condition
Despite all the necessary benefits cumulative trauma injury claims provide
honest, hard-working employees, cumulative trauma benefits as a whole
might soon be weakened. There are rumors within the Congressional world
that insurance company lobbyists are planning on pushing for legislation
that would reduce the benefits of cumulative trauma injury claims in California,
and possibly elsewhere. They may also have the intent to make it more
difficult for people to receive those benefits, ultimately saving their
companies big money at the expense of people who need help.
Clearly, the weakening of cumulative trauma injury claims and their benefits
should not happen. It
will hurt workers who need financial support more than ever. Yet beyond that
main reason to not dismantle or reduce key parts of the workers’
compensation program are even more reasons why cumulative trauma injury
claims need to be maintained as they are, if not further strengthened.
Here are five key points regarding the importance of cumulative trauma injury claims and fair insurance policies:
- California insurance companies maintain nearly 9% in profits on workers’
compensation premiums, nearly double the average national rate. In short,
insurance companies in the state arguably do not need any more income,
especially if it means hurting policyholders.
- Employers in California are already paying less and less for workers’
compensation claims, with a dramatic 17% drop in less than 5 years.
- The opioid addiction epidemic is the least impactful in California, with
the state having the lowest rate of prescriptions for opioid painkillers.
Some insurance arguments for weakening cumulative trauma injury claims
are based on the notion that they are enabling opioid abuse.
- Medical provider fee rates in California have recently declined about 2%.
The trend may continue.
- Indemnity benefit payouts increased 13% since 2012, meaning people have
been receiving full benefits coverage more often. This is an inclination
everyone should want to see carry on.
As steadfast defenders of the rights of the injured American worker, the
Law Offices of Wax & Wax and
our team of Glendale attorneys have a keen interest in legislation affecting workers’
comp benefits and related regulations.
If you need help filing or appealing a workers’ comp claim of your
own, you should feel free to
contact us by calling 818.946.0608 and requesting a free case evaluation.