How to Prove a Cumulative Trauma Injury in California
Not all work injuries happen in a single moment. Sometimes, the damage occurs slowly, day after day, from the repetitive motions your job requires. If you are experiencing pain from years of physical labor, you may have a valid claim for a cumulative trauma injury under workers’ compensation.
At Katnik & Katnik Lawyers, we understand that hardworking people often push through pain to provide for their families. However, when that pain becomes a chronic condition, California law provides a way to get the medical care and benefits you deserve. Proving these “wear-and-tear” injuries requires a specific approach, and we are here to guide you through it.
What is a Cumulative Trauma Injury?
Unlike a sudden accident like a fall, a cumulative trauma injury develops over time. It is caused by repeating the same motions, which can put stress on your muscles, tendons, nerves, and joints. California Labor Code § 3208.1 specifically defines these as injuries resulting from “repetitive mentally or physically traumatic activities extending over a period of time.”
This means that in California, your long-term, work-related pain is recognized as a legitimate injury. You do not need to point to a single event. Instead, the focus is on showing that your daily job duties were a significant cause of your condition.
Common Challenges in Proving Your Claim
One of the biggest hurdles our clients face is a lack of medical documentation. Many are used to toughing it out and avoid seeing a doctor until the pain is unbearable. When they finally seek help, they often use their private health insurance.
This creates a problem. A private doctor’s main goal is to treat your symptoms, not to investigate the cause. They may not document the connection to your work, as this can cause billing issues with the insurance company. This leaves you with a medical record that shows pain but fails to link it to your job, making your cumulative trauma injury workers’ compensation claim much harder to prove.
Building a Strong Cumulative Trauma Claim
Success in a workers’ comp repetitive stress injury case depends on connecting your work activities to your medical condition. The evidence must tell a clear story over time.
The Power of Consistent Documentation
We once represented a client who had been seeing a chiropractor for nearly a decade just to keep himself able to work. He wasn’t trying to build a case; he was simply trying to manage the physical breakdown from his demanding job.
His chiropractor kept meticulous records of every visit:
- The symptoms and flare-ups he experienced.
- The specific body parts that were affected.
- Crucially, notes that repeatedly tied these issues to the physical demands of his work.
When we filed his cumulative trauma claim, we had ten years of consistent medical evidence. This long-term record was undeniable proof that his work had caused his injury. It demonstrates why seeking treatment and ensuring your doctor understands your job duties is so important. For more on the value of documentation, see our guide to workers’ compensation evidence.
Key Steps to Take for Your Injury
If you believe you have a cumulative trauma injury, here’s what you should focus on:
- Report the Injury: Notify your employer as soon as you realize your pain is work-related. In California, the “date of injury” for a cumulative trauma case is the date you first knew or should have known your condition was caused by your job.
- Document Your Job Duties: Write down a detailed list of your daily tasks, especially the repetitive ones. Be specific about the motions, weights, and postures involved.
- Seek Medical Treatment: See a doctor within the workers’ compensation system. Be clear and consistent in explaining how your work activities cause your pain.
Even if you have a pre-existing condition, you may still be entitled to benefits if your job made it worse. A skilled workers’ comp attorney for cumulative trauma can help gather the necessary evidence to support your claim. For more information on your rights and the claims process, visit the California Division of Workers’ Compensation or review the California Labor Code § 3208.1.
Frequently Asked Questions (FAQ)
Q: What is a cumulative trauma injury?
A: It is an injury to your muscles, nerves, or joints caused by repetitive physical motions over time, rather than a single accident. California law recognizes these “wear-and-tear” injuries as valid workers’ compensation claims.
Q: Can I file a claim if I had a pre-existing condition?
A: Yes. If your job duties aggravated, accelerated, or litigated a pre-existing condition, you can still qualify for workers’ compensation benefits in California. The key is proving your work contributed significantly to your current need for treatment.
Q: What if I saw my own doctor instead of a workers’ comp doctor?
A: While it can make things more complicated, it does not disqualify your claim. An experienced attorney can help connect the dots between your private medical records and your work duties to build a strong case.
Q: How long do I have to file a cumulative trauma claim in California?
A: You generally have one year from the “date of injury.” For cumulative trauma, this date is when you first suffered a disability from the injury and knew (or should have known) that the disability was caused by your work.
Q: Do I really need an attorney for a cumulative trauma injury workers’ compensation claim?
A: Because these claims are often challenged by insurers, having an attorney is highly recommended. A lawyer who specializes in these cases can manage the complex medical evidence required and ensure your rights are protected.
Get the Experienced Legal Support You Deserve
Proving a cumulative trauma injury requires careful and strategic preparation. You do not have to face the insurance companies alone. At Katnik & Katnik Lawyers, we have dedicated over three generations to representing injured workers in the Santa Ana community. We only represent the injured, never the employers or insurers.
Contact us today for a free, confidential consultation to discuss your case. We are here to provide the compassionate and aggressive advocacy you need to secure the benefits you rightfully deserve.