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Repetitive Stress Injuries
Not All Work Injuries Happen Instantly.
While many workers’ compensation claims arise from sudden accidents, California law also recognizes injuries that develop gradually over time. These are legally defined as Cumulative Trauma (CT).
A Cumulative Trauma injury occurs when repetitive mental or physical activities extend over a period of time, eventually causing disability or the need for medical treatment. Because there is no single “accident date,” insurance carriers frequently deny these claims, arguing the condition is due to aging, hobbies, or non-work factors.
At Lee Partners Law, we specialize in proving Cumulative Trauma claims, helping injured workers prove that their daily job duties are the predominant cause of their condition.
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Common Cumulative Trauma Claims
Cumulative Trauma can impact workers in any industry. We frequently represent clients suffering from:
- Repetitive Motion Injuries: Carpal Tunnel Syndrome, cubital tunnel syndrome, and tendonitis affecting office workers, data entry clerks, and assembly line staff.
- Lumbar & Cervical Strain: Chronic back and neck degeneration common in warehouse workers, drivers, and heavy laborers who perform repeated lifting, bending, or twisting.
- Joint Deterioration: Wear and tear on knees, shoulders, and hips affecting construction workers, mechanics, and floor installers.
- Patient Handling Injuries: Chronic shoulder and spinal injuries in nurses and caregivers caused by years of lifting and transferring patients.
- Hypertension & Cardiac Issues: Heart conditions aggravated by continuous physical exertion or high-stress work environments.
See if your condition qualifies as cumulative trauma.
The Challenge: Proving the “Date of Injury”
Unlike a specific accident, a Cumulative Trauma injury does not have an obvious start date. Under California Labor Code Section 5412, the “date of injury” is not necessarily when the pain started, but when:
- The employee first suffered disability (lost time or need for treatment), AND
- The employee knew (or should have known) the disability was caused by their employment.
Many workers delay filing because they do not realize their nagging pain is legally work-related. You are not expected to make this medical determination on your own.
Get help determining your legal date of injury.
How We Counter Insurance Denials
Insurance adjusters often reject Cumulative Trauma claims by asserting the “natural progression” defense—claiming your injury is simply a result of aging or arthritis. Lee Partners Law counters these defenses by arranging comprehensive medical-legal evaluations (QME/AME) to:
- Establish Causation: Isolate the specific job duties that contributed to the injury.
- Fight Apportionment: Minimize the percentage of disability blamed on non-work factors like age or genetics.
Chronic Pain From Years of Work Is Not “Just Aging”
Cumulative Trauma injuries are among the most misunderstood and frequently denied workers’ compensation claims. Insurance companies rely on that confusion to shift blame to age, hobbies, or genetics. If you are suffering from chronic pain, stiffness, or mobility issues caused by years of hard work, you may be entitled to significant compensation. Do not let an insurance carrier dismiss your injury as “just getting older.”
At Lee Partners Law, we focus on proving cumulative trauma claims — identifying the work duties that caused your condition, minimizing improper apportionment, and recovering medical and wage benefits you may have already paid out-of-pocket.
- Free Confidential
- No obligation
- No attorney fees unless benefits are recovered
