In California Workers Compensation, an “‘Injury’ includes any injury or disease arising out of and in the course of employment.” This is a very broad definition but the labor code breaks it down into two categories, “specific” and “cumulative,” based on how the injury occurs.
A specific injury is one that occurs “as the result of one incident or exposure which causes disability or need for medical treatment.” So this means a specific event led to the injury for which compensation is being sought.
Examples of this include:
- Slip and fall accidents
- Cuts, abrasions, and burns
- Fractured or broken bones
A specific injury may have an effect that is realized immediately, such as an employee pulling their back while lifting a heavy item. Alternatively, the injury causing incident may result in latent effects that are realized at a later time. An example of this is an employee getting in a car accident that seems to be unharmed by the accident but in the coming days develops whiplash that requires medical treatment.
The other type of injury is a cumulative trauma/injury. A cumulative trauma/injury occurs from the combined effect of “repetitive metally or physically traumatic activities over a period of time [...] which causes any disability or need for medical treatment.”
Examples of a cumulative trauma/injury include:
- Back injury due to frequent standing, repetitive lifting, or continuous sitting in a non-ergonomic chair
- Eye strain from looking at a computer screen
- Carpal tunnel from overuse of hands or wrists
- Respiratory issues due to toxic exposure in the air
Cumulative injury can result from minor strains over time as listed above but they can also result from continuous exposure to harmful substances. Examples of this include lung disease from inhaling particulates like dust at a construction site or pesticides from landscaping.
An injury can also be the result of mental strain over time such as the stress of a job causing anxiety, depression, high blood pressure or even a stroke. There are cumulative trauma mental injuries, some with physical manifestations such as headaches, high blood pressure, etc. Often these are paired with discriminatory action complaints to overcome the employer’s “good faith personnel action” defenses.
Cumulative injuries develop over time and commonly take several years before symptoms require medical attention or cause disability, but there is not a set minimum amount of time required for the injury to be considered a cumulative injury. They can develop in the span of a few days or even a few hours and still be a cumulative injury if the injury is the result of more than a single incident or activity.
Specific injuries have an intuitive date— the date on which the incident causing injury took place. Cumulative injuries, however, do not have such an intuitive date but still have a date for legal purposes (such as the statute of limitations) so it is important to consult with a knowledgeable workers compensation attorney like Injury Compensation Law PC that will assess the date of the injury as well as the type and available compensation. Our firm has extensive experience with both specific and cumulative injuries (both mental and physical) so reach out today for a free consultation!
Disclaimer: This is attorney marketing and is not legal advice. No attorney-client relationship is established, and readers should not rely on this information for legal cases. Please consult a attorney licensed in your jurisdiction to review your case facts and legal options for advice.
