Cumulative trauma and workers’ compensation in California

Many work-related injuries aren’t caused by one specific event or accident. They result from years of “wear and tear” on muscles and joints caused by doing the same movements for hours every day. This can cause what is referred to as cumulative trauma (CT).

Cumulative trauma typically involves musculoskeletal injuries (to muscles, tendons and nerve tissue) that develop over time due to this repeated strain. Not all repeated movements cause CT. It depends on factors like:

• The force of the movements

• What kind of position the body is in when the movement is performed (with awkward positions like reaching overhead or even positions involving poor posture being the most dangerous)

• The amount of vibration (for example, from the equipment being used)

• The rate of repetition of the movement

Repeated lifting can also cause CT injuries to the back and other areas, especially if a worker doesn’t have the proper personal protective equipment (PPE) like a lumbar support to help with the lifting or safety wear to protect them from injury.

While CT injuries can be every bit as painful and disabling as injuries caused by an accident, it can be more difficult to prove that they’re work related because there’s not one specific event that likely had witnesses and required an immediate report and medical care.

The rise of litigated CT claims in California

Last year, the California Workers’ Compensation Institute (CWCI) released a study of CT injuries throughout the state that were reported between 2010 and 2022. The study sheds light on how prevalent these injuries are. 

While the overall percentage of litigated CT claims increased from 29.4% to 37.5%, when broken down by region, only Southern California’s share of claims rose. The Los Angeles area had the greatest number.

The most likely workers to have a CT injury claim were those in the manufacturing and food service industries. Interestingly, litigated CT claims were relatively rare in some more traditionally dangerous lines of work like construction and agriculture.

Younger workers (under 30) and lower-wage workers (those earning under $600 per week) were most likely to have a litigated CT claim. However, anyone can run into trouble getting workers’ comp for this kind of injury. If you’re having difficulty getting your workers’ comp claim approved, it may be necessary to get legal guidance. This can help you get the benefits to which you’re entitled.