Unfortunately, repetitive stress injury claims are denied too often. This is partly because the evidence is more complicated, but it is also used as an excuse by employers and insurers to avoid paying out when they think they can. As symptoms build up, workers often miss the signs of an injury. This could affect their claim and right to compensation in the long run.
At Ratto Law Firm, P.C., our California workers’ compensation attorneys understand how repetitive stress injuries are serious and how to seek compensation for them. Get in touch today to learn how we can help you.
What Counts as a Cumulative Trauma Injury?
California law recognizes cumulative trauma (CT) injuries as harm that occurs from repetitive physical stress over days, months, or years. These injuries can include:
- Carpal tunnel syndrome
- Tendonitis and bursitis
- Rotator cuff tears
- Lower-back degeneration
- Knee damage from repetitive kneeling or lifting
- Shoulder strain from overhead work
- Chronic neck pain from poor ergonomics
- Hip or joint deterioration from long-term physical labor
Because these conditions develop gradually, workers often struggle to pinpoint a single date of injury. California solves this by defining the “date of injury” as the point when the worker first knew, or should have known, that the condition was work-related.
Why Cumulative Trauma Claims Are Frequently Denied
Cumulative trauma claims face more scrutiny than sudden-injury claims. Insurance companies often challenge them for several reasons:
- Lack of a specific accident makes it easier for insurers to argue the injury is unrelated to work.
- Gaps in medical treatment can be used to claim the condition is not serious or not work-related.
- Pre-existing conditions are often blamed instead of workplace activities.
- Delayed reporting gives insurers an excuse to deny the claim.
- Multiple employers over the years can complicate liability.
What Injured Workers Often Miss
Even good employees can accidentally weaken their cumulative trauma claim. Some of the most common mistakes include:
Not Reporting Symptoms Early Enough
Workers often wait until the pain becomes unbearable before saying anything. In California, delayed reporting can lead to disputes about whether the injury is truly work-related. Even mild symptoms should be documented as soon as they appear.
Assuming the Injury Is “Just Part of the Job”
Many workers normalize chronic pain, especially in physically demanding jobs. But ongoing pain is a sign of injury, and ignoring it can lead to long-term disability.
Failing to Tell the Doctor the Injury Is Work-Related
Medical records are critical in cumulative trauma cases. If the doctor’s notes don’t clearly state that the condition is caused by work activities, insurers may deny the claim.
Not Understanding the Role of the QME
When there is a dispute, California requires an evaluation by a Qualified Medical Evaluator (QME). Many workers don’t realize how important this exam is—or how much the outcome can affect their benefits.
Overlooking the Impact of Job Duties
Workers sometimes focus only on the most painful task, but cumulative trauma often results from a combination of repetitive motions. A detailed job description helps establish the connection between work duties and the injury.
How California Calculates Benefits for Cumulative Trauma Injuries
Cumulative trauma claims are treated the same as other workers’ compensation injuries when it comes to benefits. Workers may be entitled to:
- Medical treatment
- Temporary disability payments
- Permanent disability compensation
- Job retraining benefits (Supplemental Job Displacement Voucher)
- Mileage reimbursement for medical appointments
The value of a settlement depends on factors such as the severity of the injury, whether surgery is required, the permanent disability rating, and the worker’s ability to return to their job.
Get Help with Your California Workers’ Compensation Claim
Repetitive stress and cumulative trauma injuries are very real things. They can be painful, limiting, and costly. The workers’ compensation system should protect you when you need it, but you could face a denied or limited claim. That is where an attorney can help.
Our team at Ratto Law Firm, P.C. provides you with the advice and representation you need. Contact us today for a consultation.