Understanding Cumulative Trauma and Workers’ Compensation
Repeated stress and strain from workplace tasks can lead to cumulative trauma, a type of injury that develops over time. These injuries often cause significant pain and functional limitations, making it challenging for workers to continue their jobs. Filing a cumulative trauma claim ensures that workers can receive compensation for medical care, lost wages, and other related costs. At Ochoa & Calderón, our experienced attorneys help injured employees secure the benefits they deserve.
What is Cumulative Trauma?
Cumulative trauma refers to injuries caused by repetitive motions or prolonged strain on specific parts of the body. Unlike sudden injuries, cumulative trauma develops gradually due to repetitive tasks, awkward postures, or continuous vibrations. Common examples include:
- Carpal tunnel syndrome: Caused by repetitive wrist movements such as typing or assembly line work.
- Tendonitis: Often results from repeated lifting or pushing motions.
- Hearing loss: Prolonged exposure to loud machinery or equipment.
- Back strain: Frequent bending, lifting, or twisting can cause long-term damage.
- Knee injuries: Repeated kneeling or squatting in construction or plumbing tasks.
Cumulative trauma injuries can affect workers in various industries, including manufacturing, healthcare, and office settings.
Does Workers’ Compensation Cover Cumulative Trauma?
California workers’ compensation laws provide coverage for cumulative trauma injuries. Workers can receive benefits for injuries or illnesses directly tied to their job responsibilities, even if the condition develops gradually. To qualify, employees must prove that their workplace activities caused or contributed to the injury. This can involve presenting medical records, expert testimony, and evidence of work-related tasks.
Challenges in Filing Cumulative Trauma Claims
Filing a cumulative trauma claim often involves unique challenges compared to one-time injuries. Employers or insurance companies may argue that the injury stems from non-work-related activities, such as hobbies or aging. Proving a direct link between the injury and job duties requires careful documentation and legal expertise.
Our experienced lawyers build strong cases by gathering medical evidence, consulting with specialists, and countering insurance company tactics. We fight to ensure workers receive the full compensation they deserve.
Steps to File a Cumulative Trauma Claim
- Report the Injury: Notify your employer about the injury as soon as you notice symptoms. Delays in reporting could jeopardize your claim.
- Seek Medical Attention: Visit a healthcare professional to diagnose your condition and establish its connection to your work tasks.
- Document Your Work Activities: Keep records of tasks that contributed to your injury, such as repetitive motions or prolonged strain.
- Consult a Workers’ Compensation Attorney: An attorney can guide you through the claims process and help secure maximum benefits.
Common Cumulative Trauma Injuries
Workers experiencing repetitive stress often suffer from conditions such as:
- Carpal tunnel syndrome
- Tennis elbow or golfer’s elbow
- Lower back pain
- Hearing loss from noisy environments
- Knee and joint injuries
- Chronic neck and shoulder pain
If you face any of these conditions due to your job, filing a workers’ compensation claim can help you access necessary treatment and financial support.
FAQs
What is the deadline for filing a claim?
California law generally requires workers to file a claim within one year of discovering the injury. Acting quickly ensures you meet all deadlines and avoid claim denial.
Can I still work while filing a claim?
Yes, you can continue working while pursuing your claim. However, consult with your doctor to avoid worsening your injury.
What benefits can I receive for cumulative trauma?
Workers may receive medical coverage, temporary disability benefits, permanent disability compensation, and job retraining assistance, depending on the severity of the injury.
What if my employer denies my claim?
If your employer denies your claim, consult with a workers’ compensation attorney to appeal the decision and strengthen your case.
How can a lawyer help with my claim?
An attorney provides guidance, gathers evidence, negotiates with insurance companies, and represents you in hearings to ensure you receive the benefits you deserve.
Contact Ochoa & Calderón for Expert Legal Assistance
Cumulative trauma injuries can disrupt your life and career. Our skilled workers’ compensation lawyers help you navigate the legal process and fight for the benefits you need to recover. Call 951-901-4444 in Riverside or 844-401-0750 toll-free across Southern California, or contact us online to schedule a free consultation. Learn more about related services like workers’ compensation and carpal tunnel claims.
