Cumulative or Repetitive Trauma Workplace Injuries
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.
Cumulative Injury Examples
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
- Raynaud’s syndrome
- Rotator cuff tendonitis
- Hand-arm vibration 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.
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
- 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 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.
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, 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: Understanding Cumulative Injuries in Illinois Workers’ Compensation
Q: What is a cumulative injury?
A cumulative injury (also called a repetitive trauma injury) develops over time from doing the same motion or activity repeatedly — not from one single accident. It could come from lifting, bending, typing, or using tools over and over again, even if the work isn’t physically demanding.
Q: When is the “date of loss” for a cumulative injury?
The date of loss isn’t necessarily the first day you felt pain. In Illinois, the date of loss is usually when you first realize — or reasonably should realize — that your job caused or worsened your injury. That often means the date you first seek medical care and learn that your condition is work-related.
Q: Do I need a doctor’s opinion for a cumulative injury claim?
Yes. You must have a doctor’s opinion linking your injury to your repetitive work activities. Medical evidence is key in these cases — your doctor should be able to say your condition was caused or aggravated by the motions or tasks you perform at work.
Q: Does the injury have to come from heavy lifting?
No. It doesn’t have to involve heavy lifting at all. Repetitive lifting of lighter objects, bending, or even small, repeated movements can still cause serious injuries over time. If those repetitive tasks led to or aggravated your condition, your injury can still be covered under workers’ compensation.
Q: What should I do if I think I have a cumulative injury?
Don’t wait. Report your symptoms to your employer, see a doctor, and explain the type of work you do. Keep track of your daily job duties, and talk with a workers’ compensation attorney who understands repetitive trauma claims. Getting legal help early can make a big difference in how your case is handled.
If you believe you have a cumulative injury, contact McHargue & Jones today for help filing your claim.
Learn more about how our attorneys can help you by calling (312) 739-0000.
