When most people think of workplace injuries, they imagine a sudden accident, such as a fall or a machinery malfunction. However, not all work-related injuries happen all at once. In some cases, employees experience symptoms over time that build up until they become a cumulative trauma injury.
In California, cumulative trauma injuries are a common type of workplace injury, and they are covered by workers’ compensation insurance. If you are dealing with a cumulative trauma injury, it’s essential to understand what it is, how it can affect you, and what your rights are under California law.
Table of Contents
Defining Cumulative Trauma Injury
A cumulative trauma injury (CTI) refers to an injury that occurs gradually over time as a result of repetitive bodily movements or actions. These injuries arise from work tasks that require regular, repeated movements, such as typing, lifting, bending, walking, and more.
CTIs do not result from a traumatic event like an accident. Instead, they are the result of long-term exposure that leads to micro-injuries in tissue, muscles, nerves, or bones. Over time, these micro-injuries accumulate, causing pain and discomfort that can become severe if left untreated.
Depending on the type of job, a CTI can impact various parts of the body, including the neck, back, hands and wrists, elbows, shoulders, hips, knees, feet, and more. Examples of CTI include carpal tunnel syndrome, tendinitis, bursitis, tendonosis, and many others.
Symptoms of Cumulative Trauma Injury
The symptoms of a CTI can appear either gradually or suddenly, and they can vary widely depending on the injury’s location, severity, and duration. Common symptoms of CTI include:
- Pain and tenderness in the affected areas
- Stiffness or limited mobility
- Swelling and inflammation
- Tingling or numbness
- Weakness in muscles
- Loss of sensation or reflexes
- Fatigue and reduced productivity
- Depression and anxiety related to chronic pain
The symptoms of CTI can interfere with daily activities, job performance, and quality of life. They can also lead to complications such as permanent disability and chronic pain.
Filing a Workers’ Compensation Claim for CTI
If you have suffered a CTI, you may be eligible for workers’ compensation benefits. California law requires employers to provide workers’ compensation insurance coverage to all employees, regardless of whether they are full-time, part-time, or temporary.
To file a workers’ compensation claim for CTI, you must follow these steps:
Report your injury to your employer as soon as possible. You have up to 30 days from the date of the injury to report it.
Seek medical care from a qualified healthcare provider. Your employer’s insurance carrier may require you to see a specific doctor, so check with your employer or insurance carrier before seeking medical care.
Submit a claim form to your employer’s workers’ compensation insurance carrier. You must file a claim form within one year of the date of the injury.
Follow up with the insurance carrier regarding your claim. The insurance carrier will investigate your claim and decide whether to accept or deny it. If your claim is approved, you will receive medical treatment, wage replacement, and other benefits related to your injury.
Seeking Legal Representation for CTI
If you are struggling with a CTI, you may need legal representation to help you navigate the workers’ compensation system. A qualified attorney can help you file your claim, negotiate with insurance carriers, and appeal denied claims if necessary. They can also provide advice on seeking additional compensation outside of workers’ compensation, depending on your case’s circumstances.
When seeking legal representation, look for attorneys experienced in workers’ compensation law and familiar with CTI cases. They should have a track record of successful outcomes for similar cases and offer free consultations to evaluate your case.
Conclusion
Cumulative trauma injury is a serious condition that can impact an employee’s health, well-being, and income. Knowing the symptoms and the legal process for filing workers’ compensation claims can help those suffering from a CTI get the support they deserve. If you are struggling with a CTI, don’t hesitate to seek medical and legal help so you can focus on your recovery.