Most cumulative trauma claims in California involve litigation: Report

Seventy percent of cumulative injury trauma claims in California involved an attorney, according to research published Friday by the California Workers’ Compensation Institute, which called the issue a “unique phenomenon” for the state.

The study, which examined claims that involve injuries that develop over time, also found that cumulative trauma represented 37.5% of all litigated claims in the workers comp system in 2022 — up from 29.4% in 2010. Overall, cumulative trauma claims accounted for 13.4% of workers comp activity in 2022.

The report also highlighted the complexity of the claims: between 2018 and 2022, researchers found that 43% of all litigated cumulative trauma claims involve more than one part of the body, while 5.1% to 20.9% involve only one area of the body, such as spine, lower or upper extremities.  

By industry, 48.8% and 46.9% of litigated claims in manufacturing and food services, respectively, involve cumulative trauma. The lowest percentages were reported in construction and agriculture, at 25.4% and 24.2%, respectively.