If you are like many people in the California workforce, then you have probably given your employer some of the best years of your life. For this, it is reasonable for you to expect compensation and consideration if you happen to become injured. However, it is an unfortunate fact that many employers in the state do not see it as their responsibility to assume treatment costs for chronic conditions that developed over the course of a long-term employee’s tenure with a company.
When it comes to negotiations and courtroom proceedings, many employers use the same basis for their arguments. In terms of chronic injuries, especially those that are difficult to diagnose, the main argument on behalf of the defense would be simply that your employer is not responsible for the condition.
To counter this argument, there is a good deal of evidence from reputable sources that chronic joint pain is worsened and extended by common workplace environmental factors. Even sitting in an office chair might contribute to the exacerbation of a joint condition. The CDC information page on work-related skeletal issues lists some of the conditions that could factor into a dangerous workplace in terms of chronic conditions:
- Poor working posture
- Vibration
- Forceful and repetitive motion
- Reaching above the head
- Heavy lifting
This report is far from being esoteric knowledge. As such, your employers should be well aware of the risks present in the workplace they provide. It is their responsibility to give you a healthy place to do your job, and if they do not fulfill this responsibility they could be liable in court for damages. Certain types of chronic joint pain are very common in certain professions. However, it could be wise to expect opposition. Even if your employer operates a business in one of these industries, the knee-jerk reaction could be to contest any injury claim you make. This is not intended as legal advice, so please refer to it only as reference information.
