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Cumulative Trauma in Workers Compensation Wear and Tear Claims
Cumulative Trauma in Workers Compensation Wear and Tear Claims

Cumulative Trauma in Workers Compensation Wear and Tear Claims

Cumulative trauma means harm from repeated exposure that arises out of and in the course of employment. Many states recognize wear and tear claims for repetitive strain, occupational disease, and gradual onset conditions. New York, for example, recognizes wear and tear from repetitive stress injuries and occupational disease with a two-year filing window measured from disablement or knowledge of the work link. Labels vary by state, yet the idea is the same. When job tasks are a substantial or major factor in causing the condition, a wear and tear claim may be valid.

How Wear and Tear Differs From Acute Workplace Accidents

Acute accidents have a clear date, witnesses, and a sudden event. On the other hand, cumulative wear and tear trauma builds slowly with no single moment or incident. Proof shifts from incident reports to patterns. Medical history, time on task, ergonomics, and symptom timelines matter more in wear and tear claims than a one-time injury report. You are not required to show fault. You do need to show a work connection supported by medical opinion and job analysis under your state’s causation standard.

Body Parts Most Affected By Wear and Tear

Back, neck, shoulders, elbows, wrists and hands, knees, and hips carry most of the load and as a result are the most affected by wear and tear. NIOSH and OSHA identify these regions as the top sites for work related wear and tear musculoskeletal disorders. Common examples include low back pain from forceful lifting, rotator cuff tendinopathy from overhead work, carpal tunnel syndrome from high repetition at the wrist, and knee osteoarthritis in floor and warehouse work that involves frequent kneeling and lifting.

Navigating a workers' compensation wear and tear claim can be overwhelming, but with a workers’ compensation lawyer from DJD by your side, you won’t have to go through it alone. Our dedicated team of workers’ compensation lawyers is committed to making the wear and tear claims process easier while minimizing your stress.

The lawyers at DJD are based in offices throughout New Jersey, New York, and Pennsylvania. We are prepared to provide the legal support you need to secure the compensation you deserve. Schedule a consultation with a DJD workers’ compensation attorney today and take the vital first step toward protecting your future!

 
 

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