Welcome to our informative blog where we aim to provide a comprehensive understanding of workers’ compensation. In this post, we will be shedding light on a frequently misunderstood topic: the distinction between specific injuries and cumulative injuries. Our aim is to explore the key differences between these two types of injuries by providing illustrative examples, citing the relevant Labor Code, and discussing the respective implications for workers and their rights. Our goal is to equip you with the necessary knowledge to protect your rights in the workplace and have a clearer understanding of the nuances of workers’ compensation.
THE CONSTRUCTION WORKER
Imagine a construction worker who we will refer to as Tom. He had been working at a construction site for the past two years, operating heavy machinery and lifting heavy objects. He has always been methodical in his work, taking every precaution to avoid injuries. However, one day, while he was lifting a particularly heavy load, he suddenly felt a sharp pain in his back. He tried to shake it off, thinking it was just a muscle spasm, but the pain persisted. Eventually, he had to stop working and seek medical attention, where it was discovered to be a serious back strain that would require extensive treatment and rehabilitation.
THE DATA ENTRY CLERK
Now imagine a data entry clerk for a large corporation who we will refer to as Samantha. She was passionate about her job, and she took great pride in her ability to enter data with the utmost accuracy and speed. For over a decade, Samantha sat at her computer for hours on end, typing away. Over time, she began to experience pain in her wrists, hands, and fingers. At first, she did not think much of it and tried to ignore it. Thinking it was temporary discomfort, she took over the counter medications and took more breaks than usual. But as time went by, the pain only got worse, to the point where she could barely type at all. The pain radiated and prevented her from many activities. Her hands became swollen and she often felt numbness and tingling. She eventually sought medical treatment where she was diagnosed with severe carpal tunnel syndrome.
Despite the clearly unfortunate set of circumstances Tom and Samantha find themselves in, their stories serve the purpose of highlighting the difference between specific injuries and cumulative injuries pursuant to California Labor Code § 3208.1, which states, in part:
An injury may be either: (a) “specific,” occurring as the result of one incident or exposure which causes disability or need for medical treatment; or (b) “cumulative,” occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment.
Understanding the text of California Labor Code § 3208.1 is essential for workers who need to file for workers’ compensation. In many industries, workers are exposed to physical strain and hazardous working conditions that can lead to injuries, whether suddenly or gradually over time. Workers like Tom can sustain specific injuries while performing their job duties, while others like Samantha may experience cumulative injuries due to the repetitive nature of their work. Therefore, it is crucial for California workers to distinguish between these two types of injuries: Specific vs. Cumulative.
Specific injuries are injuries that result from a single, identifiable event or accident that occurred while on the job. These types of injuries can include things like broken bones, lacerations, or burns that occur due to an unexpected event. Specific injuries can be relatively easy to diagnose and are often covered by workers’ compensation insurance. Some common examples of specific injuries include: a worker who falls off a ladder and breaks their arm; a worker who is struck by a falling object and suffers a head injury; a worker who slips on a wet floor and sprains their ankle; or, just like what happened to Tom when he lifted a heavy object and injured his back.
Cumulative injuries are injuries that occur over time, as a result of repetitive motions or exposure to certain conditions. These types of injuries can be more difficult to diagnose, as they often develop gradually over a period of weeks, months or even years. Some common examples of cumulative injuries include: tendinitis from repetitive lifting or other manual tasks; hearing loss from prolonged exposure to loud noise; certain types of cancer from exposure to carcinogenic substances; or, as in Samantha’s case, carpal tunnel syndrome from the repetitive strain resulting from prolonged performance of essential job duties taking its toll. For many public safety employees, certain cumulative injuries, including cancer and heart problems, can be presumptively industrial in causation.
Because cumulative injuries develop gradually, it can be challenging to pinpoint a specific event or accident that caused the injury. Employers may (and often do) push back. In Samantha’s case, her employer might argue that her injury was not work-related and that her medical condition was due to her personal activities outside of work. However, with the assistance of an experienced workers’ compensation attorney to help navigate the pitfalls of the often-complex workers’ compensation system, Samantha could provide medical support that her job duties were a cause of her injury, entitling her to workers’ compensation benefits.
In conclusion, it is crucial for workers in California to have a clear understanding of the differences between specific injuries and cumulative injuries. Equally important is the knowledge that workers’ compensation covers both types of injuries. While a specific injury occurs suddenly due to a particular event, a cumulative injury develops over time. Of course, there may be injuries that are both specific and cumulative in nature. In either case, the burden of proof lies with the employee to demonstrate that the injury is work-related to receive compensation benefits. It is always advisable to report any injury, even if you are unsure whether it is work-related, and let the experts determine its cause. Failing to report a work-related injury can lead to long-term health problems, a financial burden in the future and a viable claim being barred by the many statutes of limitations.
By taking these precautions, employees can ensure that they receive the necessary medical treatment reasonably required to cure or relieve the injured worker from the effects of the worker’s injury and to receive some financial support in the case of a work-related injury. Remember, your health and well-being should always come first, and reporting any injury is the first step towards a safer workplace. So, stay informed, stay safe, and seek the help of a professional workers’ compensation attorney to protect your rights and interests.