Repetitive Trauma Injury in Illinois Workers’ Compensation
A cumulative injury (also called cumulative trauma or repetitive stress) is damage that builds up in your body over time from doing the same motions at work again and again — lifting, bending, typing, gripping tools, or using vibrating equipment. In Illinois, these gradual injuries can be covered by Illinois workers’ compensation, even if you can’t point to one specific “accident day.”
If your pain, numbness, or weakness is getting worse and you suspect it’s from your job, don’t wait. There are strict deadlines to report a cumulative injury and file a claim, and insurance companies routinely argue these conditions are “degenerative” and not work-related. Talking to an experienced Chicago workers’ compensation attorney now can protect your rights and your benefits.
You may not feel a sudden injury — but years of repetitive motions at work can add up.
In Illinois, these are known as cumulative injuries, and they come with unique legal hurdles. Cumulative injuries, also known as repetitive trauma or stress injuries, are conditions that occur over time due to repetitive motion, excessive pressure, or prolonged strain on a particular part of the body. They differ from other workplace injuries in that they are not caused by a single, identifiable incident but develop gradually over time.
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Cumulative Injury Examples in Illinois Workers’ Comp
These injuries can range from carpal tunnel syndrome, often seen in office workers who spend hours at a keyboard, to back problems experienced by manual laborers lifting heavy objects regularly. Food workers performing repetitive packing or slicing job duties often suffer upper body work injuries. Factory workers performing repetitive gripping and grasping activities are another classic example. Other examples of cumulative injuries include:
- Tennis elbow
- Golfer’s elbow.
- Tendonitis
- Carpal Tunnel
- Rotator cuff tears
- Thoracic outlet syndrome
- Epicondylitis
- Ulnar nerve entrapment
We’ve represented hundreds of Illinois injured workers in these types of claims. Here’s an example of a tough case we won, that we are exceptionally proud of: This involved a female factory worker processing popsicles and flavor packets. Her employer tried to make the job more egronomically safe, by having workers change stations repeatedly throughout the day. She testified in detail about the repetitive duties she performed at each of her 6 or 7 job stations, and her doctor testified that these activities, though light, caused her injuries. We won her surgeries and benefits at trial.
We’ve won benefits for factory workers, nurses, food service workers, drivers, and office employees with repetitive trauma injuries. With over 25 years representing injured workers in Illinois, we have the experience and skill to navigate these sometimes difficult cases.
Risks Factors for Cumulative Injuries
Cumulative injuries can be obtained over time and in various areas of employment. Some jobs, however, involve tasks and/or other factors that make the risk of obtaining a repetitive stress injury. Work-related risk factors for cumulative injuries include:
- Work that requires long hours
- Repetitive overhead work
- Loud sustained sounds and noises
- Work involving heavy lifting
- Work involving repetitive gripping or grasping
- Work involving vibratory tools
- Working conditions that are not ergonomic
The Impact Cumulative Injuries Can Have
The impacts of cumulative injuries can be far-reaching, affecting both the physical and emotional well-being of individuals. Physically, these injuries can cause chronic pain, numbness, loss of strength, and limited mobility. Emotionally, the constant discomfort and inability to perform certain tasks can lead to stress, anxiety, and even depression.
Symptoms of cumulative injuries vary based on the type and severity of the injury but may include recurring pain, stiffness or swelling in the affected area, tingling or numbness, and a decrease in flexibility or range of motion. If left untreated, these symptoms can worsen over time, leading to more severe health issues.
Does Illinois Workers’ Compensation Cover Cumulative Injuries?
Yes, you can file a workers’ compensation claim if you have suffered a cumulative injury because of your work. Some of our most significant settlements were the result of repetitive, cumulative workplace injuries. You qualify for all of the same workers’ compensation benefits as you would in a specific trauma or accident.
In Illinois, you must file a workers’ compensation claim within three years of the accident or two years from the date you last received compensation—whichever is later. You are also required to report any injuries to your employer within 45 days of your injury. With cumulative injuries, these deadlines are typically linked to when you were diagnosed or discovered you had a repetitive stress injury. This is important: just because you cannot remember what date you started to feel pain, you are not prevented from filing a claim.
How to Prove Cumulative Trauma
Proving cumulative trauma in a workers’ compensation claim can be challenging because it requires demonstrating that the injury or illness is directly related to the work conditions and not other factors like lifestyle or age.
Here are some examples of evidence that can help support your claim:
- Medical records. The first step in proving cumulative trauma is to gather all relevant medical records. These documents should clearly indicate the nature of the injury or illness, the onset, and progression of symptoms, and any treatments provided.
- Expert testimony. Expert testimony from medical professionals plays a critical role in establishing the connection between the work environment and cumulative trauma. These experts can explain how the work conditions could have caused or contributed to the injury or disease.
- Work conditions documentation. It is crucial to document the work conditions thoroughly. This may involve detailing the nature of the tasks performed, the frequency and duration of exposure to harmful conditions, and any safety measures (or lack thereof) in place.
- Timely and accurate reporting. Filing a timely and accurate report of the injury or illness is essential in a workers’ compensation claim. Delays or inaccuracies can weaken the claim and even lead to denial. Again, this does not have to be when you first feel pain. It can be. But it can also be the date you first sought medical attention.
Experienced Illinois Workers’ Compensation Attorneys Can Help
These are injuries where it is really valuable to have an experienced Illinois workers’ compenation attorney on your side. You almost always need a clear opinion from your doctor to prove these cases. Insurance companies love to . They say it is degenerative, or that your job would not cause this type of injury. We have had great success fighting these cases and getting great settlements for our clients, but it can be intimidating to an injured worker doing it on their own.
McHargue & Jones, LLC has been providing clients in Chicago and the surrounding areas since 2000. With decades of collective experience, our attorneys are prepared to help you file a workers’ comp claim if you have suffered a cumulative injury at work. From helping you understand your legal rights and options to fighting to protect your best interest, you can trust our firm with your case.
FAQ: Cumulative Injuries in Illinois Workers’ Compensation
Q: What is a cumulative injury?
A cumulative injury (also called a cumulative trauma or repetitive stress injury) is damage that builds up over time from repeating the same motions at work, rather than from one sudden accident. Lifting, bending, typing, gripping tools, or using vibrating equipment day after day can gradually injure your joints, tendons, nerves, or muscles — and may still be covered by Illinois workers’ compensation.
Q: When is the “date of loss” for a cumulative injury in Illinois?
With cumulative injuries, the date of loss is not always the first day you felt pain. In Illinois, it is usually the date when you first realize — or reasonably should realize — that your job caused or worsened your condition. Often, that is the day you first see a doctor and are told your problem is work-related. That date is important because it ties into notice and filing deadlines.
Q: Do I need a doctor’s opinion for a cumulative injury claim?
Yes. In most cumulative injury cases, medical evidence is the key to winning. You need a doctor who can clearly explain that your repetitive work activities caused or aggravated your condition. The insurance company will often argue your problem is “degenerative” or age-related. A strong doctor’s opinion linking your injury to your job can make the difference between a denied claim and approved benefits.
Q: Does the injury have to involve heavy lifting?
No. Cumulative injuries do not have to come from heavy lifting. Repetitive light or moderate tasks — such as small lifts, gripping, reaching, typing, standing, or using vibrating tools — can still cause serious damage over time. If your regular job duties made your symptoms worse over weeks, months, or years, your injury may still be covered under Illinois workers’ compensation.
Q: What should I do if I think I have a cumulative injury from work?
Don’t ignore it or hope it goes away. To protect your health and your claim:
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Report your symptoms to your employer as soon as you realize they may be work-related.
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See a doctor promptly and clearly explain what you do at work and how often you perform those tasks.
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Follow medical advice and keep copies of your records.
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Talk to an experienced Illinois workers’ compensation attorney as early as possible. There are strict deadlines for reporting and filing, and insurance companies frequently fight cumulative injury claims. Having a lawyer on your side can help you secure medical care, wage loss benefits, and a fair settlement.
If you believe you have a cumulative injury from your job in Illinois, contact McHargue & Jones at (312) 739-0000 for a free consultation.
