If your job has caused an injury that developed or worsened gradually, you may still be eligible for workers’ compensation benefits in Pennsylvania. A workplace injury does not always have to result from one sudden accident. Repetitive motions, repeated physical strain, and ongoing job duties can contribute to injuries that develop over weeks, months, or even years.
These cases can be more complicated than claims involving an obvious accident because there may not be a single moment when the injury occurred. Establishing the connection between your work and your condition can therefore become especially important.
At MHK Attorneys, our Pennsylvania workers’ compensation attorneys help injured workers understand their rights and pursue the benefits available to them after work-related injuries.
Can a Gradual Injury Qualify for Workers’ Compensation in Pennsylvania?
Yes. Pennsylvania workers’ compensation law can cover certain injuries that develop over time because of repeated work activities.
Pennsylvania courts have recognized cumulative trauma injuries in workers’ compensation cases. For example, repetitive work activities that continually aggravate a condition may potentially constitute a work-related injury when supported by appropriate evidence.
This means you should not assume that you are ineligible for workers’ compensation simply because you cannot point to a single accident that caused your symptoms.
A gradual work injury could develop because of:
- Repeated lifting, carrying, pushing, or pulling
- Frequent bending or twisting
- Repetitive hand or wrist movements
- Continuous typing or computer work
- Repeated use of tools or machinery
- Regular overhead work
- Prolonged physical strain
- Repeated movements performed throughout a workday
Pennsylvania courts have addressed cumulative trauma claims involving conditions such as carpal tunnel syndrome and other injuries attributed to repetitive work.
Workers who believe their symptoms are related to repeated job duties can learn more about MHK Attorneys’ workers’ compensation services.
What Is a Cumulative Trauma Injury?
A cumulative trauma injury is an injury or condition that develops from repeated physical stress rather than one isolated event.
Consider the difference between two workers with wrist injuries. One employee might fall at work and injure a wrist immediately. Another might perform thousands of repetitive hand movements over months or years before pain, weakness, or numbness becomes severe enough to interfere with the job.
The second situation may involve cumulative trauma.
The Pennsylvania Supreme Court has recognized that, when medical evidence establishes that each day of work causes an aggravation or new injury, cumulative trauma may be treated differently from a one-time accident when determining important issues such as notice.
You can read more about the legal framework in the Pennsylvania Supreme Court’s cumulative trauma decision in City of Philadelphia v. Workers’ Compensation Appeal Board (Williams).
What Are Common Examples of Gradual Workplace Injuries?
Gradual injuries can occur in many occupations. A warehouse employee may repeatedly lift or move products. A construction worker may use vibrating equipment or perform the same physically demanding motions every day. A healthcare worker may regularly lift or reposition patients. An office employee may perform repetitive keyboard or mouse movements.
Potential examples of injuries associated with repetitive or cumulative work activities can include:
- Carpal tunnel syndrome
- Tendon injuries
- Repetitive strain injuries
- Shoulder injuries
- Back injuries
- Neck injuries
- Joint problems
- Muscle strains
- Conditions aggravated by repeated physical activity
Whether a particular condition qualifies for workers’ compensation depends on the facts and evidence in the individual case. Experiencing one of these conditions does not automatically establish that it was caused by work.
Employees dealing with repetitive job-related symptoms can also review MHK Attorneys’ information about repetitive stress injuries, while workers suffering from spinal or lifting-related problems can learn more about workers’ compensation for back injuries.
How Do You Prove That Your Job Caused a Gradual Injury?
Proving causation can be one of the most important parts of a cumulative trauma workers’ compensation claim.
With a sudden accident, the connection may be relatively easy to identify. For example, if a worker falls from a ladder and immediately suffers a broken arm, there is a clear event connecting the injury to the workplace.
Gradual injuries may be less straightforward.
Evidence that can become important may include:
- Medical records documenting your symptoms and diagnosis
- Medical opinions addressing whether your work contributed to your condition
- A description of your regular job responsibilities
- How frequently you perform repetitive tasks
- How long you have performed those duties
- When your symptoms first appeared
- Whether symptoms become worse while performing certain work
- Reports or communications documenting the condition to your employer
Medical evidence can be particularly significant because Pennsylvania cumulative trauma cases may turn on whether the evidence establishes a connection between repeated work activities and the employee’s condition.
For that reason, workers should be clear with medical providers about their job duties and how their symptoms developed.
When Should You Report a Gradual Work Injury?
You should generally report a suspected work-related injury to your employer as soon as possible.
According to the Pennsylvania Department of Labor & Industry, an employee should report injuries to a supervisor or manager promptly. The department explains that notice within 21 days may be important for receiving retroactive benefits, while notice more than 120 days from the date of injury can potentially result in the loss of workers’ compensation benefits unless the employer already knew about the injury.
You can review the state’s guidance through the Pennsylvania Department of Labor & Industry’s information on reporting workplace injuries.
Determining the legally significant injury date can be more complicated with cumulative trauma than with a one-time accident. Pennsylvania courts have explained that the date can depend on the facts, the purpose for which the date is being determined, and the medical evidence.
Because of that complexity, do not assume you should wait until your condition becomes severe or prevents you from working before saying anything.
What If You Had the Condition Before It Got Worse at Work?
Having a previous injury or medical condition does not necessarily mean a workers’ compensation claim is impossible.
Pennsylvania’s Workers’ Compensation Act addresses work-related injuries regardless of an employee’s previous physical condition and includes circumstances in which an existing disease or condition is aggravated, reactivated, or accelerated by a work injury.
However, these cases can raise disputes about what caused the worker’s current symptoms. An employer or insurance carrier may argue that the problem is entirely attributable to an old injury, age-related changes, activities outside of work, or another medical condition.
Medical evidence may therefore become especially important when a worker claims that job duties aggravated an existing condition.
What Should You Do If Your Work Injury Developed Gradually?
If you believe your job is causing or worsening an injury, taking action early can help create a clearer record of what happened.
Consider these steps:
- Report your symptoms to your employer. Explain that you believe the condition may be related to your work rather than simply reporting that you are experiencing pain.
- Seek appropriate medical attention. Tell your healthcare provider what you do at work, including repetitive movements and physically demanding duties.
- Document your job responsibilities. Keep track of the tasks that appear to trigger or worsen your symptoms.
- Keep relevant records. Save medical paperwork and communications related to your injury.
- Understand your workers’ compensation rights. Gradual injury claims can involve questions about medical causation, notice, and the date of injury.
MHK Attorneys represents employees dealing with workplace injuries throughout the Poconos, Monroe County, the Lehigh Valley, and surrounding areas of Eastern Pennsylvania.
Can Workers’ Compensation Cover Treatment and Lost Wages for a Gradual Injury?
If a gradual injury qualifies as a compensable work injury, Pennsylvania workers’ compensation may provide benefits related to the injury.
Depending on the circumstances, benefits can include payment for reasonable and necessary medical treatment related to the work injury and wage-loss benefits when the injury affects the employee’s ability to earn wages.
The benefits available depend on the facts of the claim, including the medical evidence and the effect of the injury on the employee’s ability to work.
What If the Insurance Company Denies That Your Injury Is Work-Related?
Gradual injury claims may lead to disagreements over causation.
An insurance carrier might argue that your condition:
- Is not related to your employment
- Was caused by a pre-existing condition
- Developed because of activities outside of work
- Was not reported properly or on time
- Is not supported by sufficient medical evidence
A denial does not necessarily mean the matter is over. Pennsylvania workers may have options to pursue a disputed workers’ compensation claim.
MHK Attorneys can review the circumstances surrounding your condition, medical evidence, work duties, and claim history to help determine the appropriate next steps.
Talk to a Pennsylvania Workers’ Compensation Attorney About a Gradual Work Injury
An injury does not have to happen in a single dramatic accident to have a serious effect on your health and your ability to work. Repeated lifting, typing, bending, operating machinery, or performing other job duties can take a physical toll over time.
If you believe your job caused or aggravated an injury, MHK Attorneys can help you understand your options under Pennsylvania workers’ compensation law.
Our workers’ compensation lawyers serve injured employees throughout Monroe County and the Lehigh Valley, including communities such as Stroudsburg, Pocono Summit, Brodheadsville, Easton, Bethlehem, and Allentown.
Contact MHK Attorneys to schedule a free consultation about a Pennsylvania workers’ compensation claim.