Filing A Cumulative Trauma Claim vs. A Specific Injury Claim

In this article, you can discover…

• The role of cumulative trauma in a workers’ comp claim.
• The statute of limitations for claims in California.
• Evidence needed to prove cumulative trauma.

What Is A Cumulative Trauma Claim In Workers’ Compensation? 

A cumulative trauma claim is a claim that you have suffered an injury over the course of time as opposed to at a single moment in time. This could happen through repetitive stress injury due to repeating the same motion over the years, such as typing on a keyboard. 

Cumulative trauma’s beginning date is when you first started to work in the industry where the injury began, and its end date is when you left that industry or until the present. If you’re filing for cumulative injury, be sure to include the beginning and end dates on the claim form.

This helps the carrier understand that this injury resulted from years of repetitive strain or injurious exposure, such as lifting heavy boxes day in and day out or being exposed to a chemical or heat, as opposed to a single event.

What Is A Specific Injury Claim In Workers’ Compensation?

A specific injury claim deals with a single event, such as falling off a ladder, lifting a heavy box and causing injury. It relates to a specific event with a specific date of occurrence, and this date should be noted on your workers’ compensation claim form. 

What Are The Statutes Of Limitations For Each Type Of Claim In California?

The statute of limitations for a specific injury is one year from the date of injury or from the date your employer last paid for something required by the workers’ compensation. For example, medical care, temporary disability, or mileage reimbursement. 

A cumulative trauma injury is one year from the date that you had both disability and knew or should have known you should have filed a workers’ comp claim.

In certain cases, it can take months or years before you realize that something is wrong, and your attorney can help you argue for deserved benefits based on the circumstances of your case. 

How Is The Filing Process Done For Each Claim – What Are The Differences?

In both cases, you would fill out a DWC-1 claim form and return it to your employer. In cumulative trauma cases, you will need to fill out under “date of injury” the beginning date of your employment that caused the injury and the ending date. You may need to do this with a pen as the state’s form does not allow for more than one date. In specific injury cases, simply fill out the date that you were injured. 

When your employer hands you a workers’ compensation form, fill it out promptly and return it to them. A responsible employer will complete the bottom portion, sign it, and give you a copy before sending you directly to a doctor.

If you choose to mail the form to your employer, make sure to send it via certified mail return receipt requested. Keep this return receipt as proof that your employer received the form.

Attorney Benjamin Helfman is a seasoned workers’ compensation attorney serving California. For 30 years, he’s helped clients just like you document their cumulative or specific injuries, fight for the compensation they deserve, and ensure their rights are protected.

Have questions about a workers’ comp claim, or need superior representation? Contact Leep Tescher Helfman and Zanze at (530) 287-6674 for a free initial consultation today!

What Evidence Do You Need To Prove A Cumulative Trauma Claim Versus A Specific Injury Claim?

In both cases, you will need medical evidence. Cumulative trauma claims will also require evidence that the work you did or the substances to which you were exposed at work caused you injury over time. 

This might involve collecting and producing material safety data sheets in light of chemical exposure to prove the substance was toxic. In both cases, if your claim is denied, you may then request to see a Qualified Medical Evaluator. 

Why Does Your Workers’ Compensation Case Matter To Me?

As a Buddhist, my practice involves deeply caring for my clients, seeing them as human beings with unique challenges, and recognizing that I am responsible for advocating for their well-being. Your case matters to me because I believe that every person is worth fighting for, and I take that responsibility to heart.

Workers’ compensation cases can be incredibly emotionally taxing for those involved. How do I empathize with my clients and support them through the process? By truly listening and engaging in meaningful dialogue. I understand that you know your body better than anyone else, and your insights can be invaluable in shaping the best approach to your case.

On a personal level, my connection to the struggles of injury is profound. My wife, who is also an attorney, was seriously injured on the job just months after we married in 1998. Her injury left her 100% disabled, and she hasn’t been able to work since 2000.

While I didn’t represent her, she had an excellent lawyer. Living with someone who has endured such a serious injury has deepened my empathy for my clients. I have a better understanding of what you’re facing and am more equipped to advocate successfully on your behalf in court.

Still Have Questions, Ready To Get Started? 

For more information on Filing A Cumulative Trauma Claim vs A Specific Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (530) 287-6674 today.