Can You Get Workers’ Comp for Injuries That Develop Gradually, Like Repetitive Stress?
If you’ve been feeling pain that creeps in slowly, like an ache in your wrists, stiffness in your shoulders, or soreness in your back that never fully goes away, you’re not alone. These types of injuries often don’t come from one big accident but from doing the same motions day in and day out.
The good news? Yes, you can get workers’ comp in California for injuries that develop over time. These are called repetitive stress injuries (or RSIs), and they are absolutely covered under California workers’ compensation law.
At Fontes Law Group, we help injured workers every day. People just like you who need support, even when their injury didn’t happen all at once. Let’s break down what that means and how we can help.
1. What Exactly Is a Repetitive Stress Injury?
A repetitive stress injury is caused by doing the same motion over and over again without giving your body a chance to fully recover. These injuries build up slowly, often over weeks, months, or even years.
Here are some of the most common ones we see:
- Carpal tunnel syndrome from typing or using tools
- Tendonitis in the shoulders or elbows from lifting
- Lower back strain from standing, driving, or bending all day
- Neck pain from poor workstation ergonomics
It doesn’t matter if you’re in construction, healthcare, warehouse work, or sitting at a desk. RSIs affect every type of job.
The National Institutes of Health explains these injuries well. They result from repetitive tasks, awkward positions, or frequent vibration and can lead to permanent damage if left untreated.
2. Can I Get California Workers’ Comp for an Injury That Happened Over Time?
Yes, and it’s specifically written into California law.
Under California Labor Code § 3208.1, an injury can be either:
- A specific injury, something that happens suddenly (like slipping and falling), or
- A cumulative trauma injury, which is what we’re talking about here. These develop over time from repetitive physical or mental stress at work.
The key is showing that your job duties caused or contributed to your injury. You don’t need to have a dramatic moment where everything went wrong. If the pain built up because of your work, it counts.
According to the California Division of Workers’ Compensation (DWC), workers’ compensation covers cumulative injuries just like any other work related condition.
3. How Do I Prove a Repetitive Stress Injury Is Work Related?
That’s where we come in. Proving a repetitive stress injury takes some extra documentation, but it’s absolutely possible.
Here’s what helps strengthen your case:
- Medical records that show your diagnosis
- A detailed work history explaining your duties
- A doctor’s opinion connecting your symptoms to your job
- Timely reporting to your employer
Timing is important. The moment you suspect your injury may be work related, report it to your supervisor and get checked out by a doctor. Even if it feels minor right now, delaying can hurt your claim later.
We know how to navigate this process and gather the right information. We’ve helped plenty of folks who were initially denied because they waited too long or didn’t know how to explain their injury. Don’t worry, we’ve got your back.
What Should I Do If I Think I Have an RSI?
You don’t need to figure this out alone. Here’s what I recommend doing right away:
- Tell your employer as soon as possible.
- See a doctor, ideally one experienced with workers’ comp.
- Document your symptoms. Write down what hurts, when, and what tasks make it worse.
- Reach out to a workers’ comp attorney (like us) to protect your rights and guide you through the claims process.
And remember, you don’t need to prove that your job is 100 percent to blame. If your job duties even partially caused or worsened your condition, you’re eligible.
Common RSIs We Help With in California
We’ve worked with clients from all over California and across all industries. These are some of the most common RSI claims we see:
- Office workers: Carpal tunnel, neck pain, lower back strain
- Warehouse and logistics: Shoulder injuries, herniated discs, tendonitis
- Nurses and home health aides: Lifting related injuries, wrist pain
- Drivers: Lower back pain, hip and knee strain
- Food service workers: Repetitive lifting, arm and shoulder pain
No matter your job, if it’s hurting your body over time, we’re here to help.
Frequently Asked Questions
1. Do I need to have worked at my job for a long time to file a claim?
Not at all. If your injury was caused by repetitive tasks at your job, even after a few weeks or months, you may still be eligible.
2. What if I didn’t report my injury right away?
It’s always best to report as soon as possible, but late reporting doesn’t automatically disqualify you. Reach out to us and we’ll help explain your situation and still file a valid claim.
3. Can I still file a claim if I had a preexisting condition?
Yes. If your job made your condition worse, you can still qualify. California workers’ comp covers aggravation of preexisting injuries.
4. Will I get fired for filing a workers’ comp claim?
It’s illegal for your employer to retaliate against you for filing a legitimate claim. If they do, you may have grounds for a separate legal action.
Seeking Professional Help?
I know this process can feel overwhelming, especially if you’re in pain and unsure what to do next. That’s exactly why we’re here.
At Fontes Law Group, we focus on helping people with workers’ comp claims in California, especially for injuries that aren’t obvious or sudden. We’ll walk you through every step, help you gather what you need, and fight to get you the support you deserve.
Final Thoughts
Repetitive stress injuries are real, and they’re more common than you think. You don’t need to suffer in silence or assume that because your injury didn’t happen in one big moment, it doesn’t count.If you’re hurting because of your work, let’s talk. We’re here to help you get the care and compensation you deserve. Reach out today for a free consultation and let’s start the conversation.