Years of hard work have taken a toll on your body. The constant bending, lifting, and repetitive movements have left you with aching joints and persistent pain. You might think it’s just part of getting older, but what if it’s more than that? What if your job is the real cause of your body breaking down? This is where a cumulative trauma claim comes in.
This post will explain what a cumulative trauma claim is and how it applies to workers in California. We’ll cover what kinds of injuries qualify, how they differ from other work accidents, and what you can do to get the compensation you deserve.
Understanding Cumulative Trauma Injuries
A cumulative trauma injury isn’t caused by a single accident like a fall or a specific incident. Instead, it develops slowly over time due to repetitive physical stress. Think of it as the result of many small injuries that add up over months or even years of performing the same tasks at work.
For blue-collar workers in labor-intensive fields like construction, manufacturing, or agriculture, these injuries are incredibly common. Your daily job duties can put continuous strain on your muscles, tendons, joints, and spine. Over a decade or more, that strain leads to significant wear and tear, resulting in chronic pain and degenerative conditions.
It’s important to understand the difference between these two types of work injuries:
- Single-Event Injury: This is a straightforward injury that happens at a specific moment. For example, you slip and fall, injuring your back, or a piece of equipment malfunctions and cuts your hand. The cause and effect are immediate and clear.
- Cumulative Trauma Injury: This type of injury has no single, identifiable moment of impact. It’s the result of repetitive motion. The pain in your knees didn’t start after one specific event; it grew gradually after years of climbing ladders and carrying heavy materials.
Because cumulative trauma injuries develop over a long period, many workers mistakenly believe their pain is just a natural part of aging and not work-related. This is a common and costly mistake. California law recognizes that these long-term injuries are just as valid for a workers’ compensation claim as a one-time accident.
Common Examples of Cumulative Trauma Injuries
Years of physical labor can affect nearly any part of your body. For many seasoned workers, the damage is concentrated in the joints that bear the most weight and perform the most repetitive actions.
Here are some of the most common cumulative trauma injuries we see:
- Degenerative Knee Conditions: Constant squatting, kneeling, walking on hard surfaces, and carrying heavy loads puts immense pressure on your knees. Over time, this can wear down the cartilage, leading to osteoarthritis and chronic pain that makes walking or climbing stairs difficult.
- Degenerative Hip Issues: Your hips are also major weight-bearing joints. Repetitive bending at the waist, lifting, and twisting can contribute to the breakdown of the hip joint, causing pain and limiting your mobility.
- Degenerative Spine and Back Problems: The spine is perhaps the most vulnerable area for workers in physical jobs. Years of lifting, bending, and operating vibrating machinery can lead to herniated discs, spinal stenosis, and chronic lower back pain. These conditions can be debilitating, affecting your ability to stand, sit, or even sleep comfortably.
- Carpal Tunnel Syndrome: Common in jobs that require repetitive hand and wrist movements, like assembly line work or using power tools. It causes numbness, tingling, and weakness in the hand and arm.
- Tendonitis: The inflammation of tendons, often seen in the shoulders (rotator cuff), elbows (tennis elbow), and wrists from repeated overhead work or gripping motions.
If you are experiencing any of these conditions after a long career in a physically demanding job, it is highly likely that your work contributed to or directly caused them.
Why Filing a Cumulative Trauma Claim Can Be Difficult
Proving that your injury is work-related is the most challenging part of a cumulative trauma claim. Insurance companies often try to argue that your condition is simply due to your age, a pre-existing condition, or a hobby outside of work. They may deny your claim, hoping you will give up without a fight.
To build a successful claim, you need to establish a clear link between your job duties and your injury. This involves:
- Medical Evidence: A doctor must diagnose your condition and provide a medical opinion that your repetitive work activities were a significant cause of the injury.
- Detailed Job History: You will need to document your work history, including the specific tasks you performed, how often you performed them, and for how many years.
- Witness Testimony: Statements from coworkers who performed similar tasks and can speak to the physical demands of the job can also be helpful.
Gathering this evidence and navigating the legal complexities of the workers’ compensation system can be overwhelming, especially when you are already dealing with chronic pain.
How a Work Injury Attorney Can Help
This is where seeking legal help becomes crucial. A workers’ comp attorney who specializes in cumulative trauma claims can manage the entire process for you. If you’re looking for a work injury attorney in Santa Ana or a hurt at work attorney near you, finding one with experience in these specific cases is key.
An experienced lawyer will:
- Evaluate Your Case: They will review your medical records and work history to determine if you have a valid claim.
- Gather Necessary Evidence: They know exactly what is needed to prove your case and will work to collect all medical reports and documentation to connect your injury to your job.
- Handle the Insurance Company: Attorneys are skilled negotiators who will communicate with the insurance company on your behalf, fighting back against denials and low settlement offers.
- Represent You in Court: If your claim cannot be settled, your attorney will represent you at hearings before the Workers’ Compensation Appeals Board to fight for the benefits you are entitled to.
Having a professional on your side allows you to focus on your health and recovery while they handle the legal battle. You don’t have to face the insurance companies alone.
Don't Ignore the Pain—Take Action
Your years of hard work shouldn’t leave you with a lifetime of pain and no support. If you believe your body is breaking down because of your job, you may be entitled to workers’ compensation benefits. These benefits can cover medical treatment, lost wages, and compensation for your permanent disability.
Don’t wait. The law has strict deadlines for filing a claim. Contact our firm today for a free, no-obligation consultation to discuss your situation. Let us help you get the justice and compensation you deserve.