A cumulative injury is one that happens gradually over a period of time, rather than all at once. They are generally workplace injuries. Certain workers are more prone to cumulative injuries than others. These injuries are often more difficult to prove in a workers’ compensation case. They may raise important issues with the statute of limitations.
This chart breaks down the three most common categories of workers’ compensation claims:
| Specific injury | Cumulative injury | Occupational disease |
| A workplace injury that is suffered at a particular moment in time | A workplace injury that gets progressively worse over time | A disease resulting from your occupational activity |
Common cumulative trauma injuries
Certain types of injuries are more often the result of cumulative trauma than a specific event. According to California state law:
Cumulative injuries occur as repetitive mentally or physically traumatic activities that extend over a period of time, the combined effect of which causes any disability or need for medical treatment.[1]
Some of these common cumulative injuries are:
- carpal tunnel syndrome in the wrist,
- cubital tunnel syndrome in the elbow,
- Raynaud’s syndrome,
- tennis elbow,
- herniated discs and other back injuries,
- hearing loss,
- eye strain,
- nerve damage,
- muscle strains,
- tendinitis,
- torn rotator cuffs,
- knee problems,
- back pain,
- psychological trauma, and
- respiratory problems.
For example: Mary is a secretary in an office and Nate is the janitor. One day, Nate breaks his foot after dropping a heavy box on it. This is a specific injury. Mary, meanwhile, types all day and, over the course of several months of overuse, develops carpal tunnel syndrome, a type of repetitive strain injury.
In some states, such as California, posttraumatic stress disorder (PTSD) may be a covered cumulative work-related injury for police officers and firefighters.[2]
Work-related cumulative trauma disorders
Cumulative trauma can also lead to an even more serious disorder or medical condition. Some of these cumulative trauma disorders (CTDs) can be permanently disabling or even life-threatening. Some examples are:
- heart disease,
- chronic pain from nerve damage,
- loss of range of motion,
- paralysis,
- deafness,
- blindness, and
This is especially common if you do not get medical attention early on. Ignoring signs that your condition is getting worse can have devastating consequences.
Types of workers prone to these injuries
Certain workers are more likely to suffer cumulative injuries than others in the workplace. Some types of workers that are more prone to them include:
- assembly line workers,
- secretaries,
- delivery drivers,
- warehouse workers, and
- store clerks.
More important than the type of worker, though, is the type of work that you do. If you have job duties that involve repetitive motion, then you are at a higher risk of developing a cumulative injury. These tasks include things like:
- moving heavy objects,
- using a knife to cut lots of things in the same way,
- typing,
- bending over, and
- lifting things.
Your workplace also matters. You are more likely to suffer cumulative injuries in workplaces that have the following risk factors:
- constant loud noises,
- heavy vibrations,
- noxious fumes,
- dust, including sawdust,
- an assembly line requiring repetitive motions,
- cramped working conditions or having to do physical work in awkward body positions,
- non-ergonomic office space,
- exposure to chemicals, and
- lots of stress.
If you have the same physical tasks and are exposed to the same things every day at work, you are at risk of suffering a cumulative injury.
Cumulative trauma claims for workers’ comp
Just because the injury did not happen all at once does not mean that workers’ comp does not cover it. Workers’ compensation covers cumulative injuries, too. However, proving that cumulative injuries happen at work can be more difficult.
For example: Nate proves his injury claim because Mary saw him drop the box on his foot. But no one saw Mary get carpal tunnel syndrome, though it is a common result of typing a lot.
The California workers’ compensation attorneys at our law firm have found that workers’ compensation insurance companies will often argue that you suffered your cumulative injury off the job. This can be a difficult defense to overcome. Some of the strongest evidence that you can present to prove your claim for workers’ comp include:
- medical records that show you did not have the condition before you were assigned the tasks that caused the cumulative trauma,
- testimony from your treating physician,
- studies linking your injuries to the types of tasks that you were required to do every day,
- proof that you used personal protective equipment (PPE) and either followed your employer’s safety guidelines or show that there were none, and
- evidence that other workers doing similar work, both for your employer and elsewhere, suffer the same or similar injuries as your own.
Statute of limitations for workers’ compensation claims
Cumulative injuries present issues with the statute of limitations.
The statute of limitations requires you to file for workers’ comp before a certain amount of time has passed – often 1 year from the date of injury.[3] Because there was no single moment when the injury occurred, this can be complicated. Typically, state laws let you file for workers’ compensation benefits for cumulative injuries within 1 year of:
- learning of your injury, or
- when you should have realized that you suffered a workplace injury.[4]
This extended period of time is important. Failing to file your claim for workers’ comp before the statute of limitations has expired means that your case will be dismissed.
If you think that you have a workers’ comp claim based on a cumulative injury, it is extremely important to get the legal advice of a workers’ compensation lawyer well before the statute of limitations has expired. Putting together a good claim can take some time, especially for these repetitive stress injuries. Given how workers’ compensation systems use statutes of limitations that do not provide a long period of time to file a claim, injured workers should see a lawyer with experience in their state’s workers’ compensation law as soon as possible.
Legal Citations:
[1] California Labor Code 3208.1 LAB.
[2] California Labor Code 3212.15 LAB and Senate Bill 542 (2019).
[3] See California Labor Code 5405 LAB.
[4] See California Labor Code 5412 LAB.
