What Are Cumulative Injuries in Workers’ Compensation?
Workplace injuries can happen anywhere, anytime. While some injuries result from a single, traumatic incident, others develop over time due to repetitive stress or prolonged exposure to harmful conditions. These are known as cumulative injuries, and understanding them is crucial for securing the compensation you deserve. No matter how the injury or illness arose, if it was work-related, you should be entitled to workers’ compensation benefits to pay for your medical treatment and help out with lost wages.
Employers and their workers’ comp insurance carriers often take a hard stance against cumulative injury claims, but an experienced workers’ compensation attorney can help. Learn more about cumulative injuries below, and contact Invictus Law, P.C., if you’ve been hurt on the job in Orange County or the Inland Empire and need help getting the benefits you need and are entitled to.
What Are Cumulative Injuries?
Cumulative injuries, also referred to as repetitive stress injuries or repetitive strain injuries (RSIs), occur due to repeated motions or continuous exposure to certain conditions over an extended period. Unlike acute injuries that happen suddenly, such as a fall or a machinery accident, cumulative injuries develop gradually, making them more challenging to diagnose and link to the workplace.
Common examples of cumulative injuries include:
- Carpal Tunnel Syndrome: Often seen in workers who perform repetitive hand and wrist movements, such as typing or assembly line work.
- Tendinitis: Inflammation of the tendons, commonly affecting workers who perform repetitive tasks involving lifting or manual labor.
- Back Injuries: Resulting from prolonged periods of lifting, bending, or maintaining poor posture.
- Hearing Loss: Due to continuous exposure to loud noises in workplaces like factories or construction sites.
Recognizing the Signs of Cumulative Injuries
The gradual nature of cumulative injuries can make them difficult to identify until they significantly impact your daily life. Key symptoms to watch for include:
- Persistent pain or discomfort in a specific area
- Swelling, redness, or inflammation
- Numbness or tingling sensations
- Reduced range of motion or flexibility
- Weakness or fatigue in the affected muscles
If you experience any of these symptoms, it is essential to report them to your employer and seek medical attention promptly.
Legal Challenges in Cumulative Injury Claims
Cumulative injury claims can be more complex than those for acute injuries. One of the main challenges comes with proving the cause of the injury. Since cumulative injuries develop over time, linking them directly to workplace activities can be challenging. Detailed medical records and a clear timeline of your symptoms and work duties can be helpful. Still, employers or their insurance companies might argue that your injury is due to non-work-related activities or pre-existing conditions. Comprehensive evidence and expert testimony can help counter these claims.
The statute of limitations can also make cumulative injury cases more complicated. California law requires that workers’ compensation claims be filed within a specific timeframe. For cumulative injuries, this period typically begins when the worker becomes aware of the injury and its connection to their job. The timing of a medical diagnosis can play a critical role in these situations.
Steps to Take If You Suspect a Cumulative Injury
If you believe you have developed a cumulative injury due to your job, following these steps can help protect your rights and strengthen your claim:
- Report the Injury: Notify your employer as soon as you suspect a cumulative injury. Delaying this step can jeopardize your claim.
- Seek Medical Attention: Visit a doctor who is experienced in diagnosing and treating cumulative injuries. Ensure your medical records accurately reflect your work-related activities and symptoms.
- Document Everything: Keep detailed records of your symptoms, medical visits, work duties, and any communications with your employer regarding your injury.
- Consult a Workers’ Compensation Attorney: An experienced attorney can help you navigate the complexities of your claim, gather necessary evidence, and advocate for your rights.
How Invictus Law, P.C. Can Help
At Invictus Law, P.C., we understand the unique challenges that come with cumulative injury claims. With offices in Orange and Ontario, our dedicated team is committed to helping injured workers in Orange County and the Inland Empire secure the compensation they deserve. We offer personalized legal support, guiding you through every step of the process to ensure your rights are protected.
If you or a loved one is suffering from a cumulative injury due to workplace activities, don’t hesitate to reach out for a free consultation. Let us help you achieve the justice and compensation you need to recover and move forward. Call 949-287-5711 or 888-9WORKLAW today.
