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Filing a Claim for a Repetitive Motion Injury in California

Repetitive motion injuries (RMIs)—also known as cumulative trauma injuries—are some of the most common yet most overlooked workplace injuries in California. Unlike a sudden accident, RMIs develop slowly over time. They occur when a worker performs the same physical motion repeatedly, day after day, eventually causing damage to muscles, tendons, ligaments, or nerves.

These injuries are especially common in industries and roles that involve frequent typing, lifting, bending, reaching, or use of vibrating tools. Office workers may suffer from carpal tunnel syndrome due to constant keyboard use. Warehouse employees might develop tendinitis or rotator cuff tears from repetitive lifting. Assembly line workers, healthcare professionals, and drivers are all at high risk for cumulative trauma due to the physical nature of their daily tasks.

Unfortunately, repetitive motion injuries often go unreported. Many workers initially dismiss the pain as minor or assume it will resolve on its own. Others worry about retaliation or being labeled as “problem employees.” Even when these injuries are reported, claims are frequently delayed or denied by employers or insurance companies who argue that the injury wasn't caused by work, or that it's a pre-existing condition.

This is where having a skilled advocate on your side can make a real difference.

At Tim Wright Law, we understand how devastating an untreated repetitive motion injury can be. Tim D. Wright is a dedicated California workers’ compensation attorney with a proven track record of helping injured workers secure the benefits they deserve. Whether your symptoms have just started or your claim has already been denied, our team is here to guide you every step of the way—with no upfront fees and no payment unless we win your case.

Legal Framework: Workers’ Compensation for RMIs in California

If you’ve developed a repetitive motion injury due to your work, you have legal rights under California’s Workers’ Compensation Act, specifically outlined in Labor Code Section 3200 et seq. This law provides protection and benefits to employees who suffer injuries or illnesses that arise out of and during the course of their employment — including those caused by repetitive physical stress over time.

Repetitive Motion Injuries Are Legally Recognized as "Cumulative Trauma"

In California workers’ compensation law, RMIs fall under a category called “cumulative trauma injuries.” Unlike a single accident (such as a slip and fall or machinery injury), cumulative trauma refers to damage that occurs from repeated microtraumas or strain over a period of time — exactly the type of wear-and-tear caused by daily repetitive work tasks.

As long as the cumulative trauma can be linked to your job duties — whether it’s constant typing, lifting, or physical labor — it’s considered a work-related injury and is eligible for benefits.

You Don’t Have to Prove Your Employer Was at Fault

One of the most important protections under California workers’ compensation law is that it operates under a no-fault system. That means you don’t need to show that your employer did something wrong or negligent. You only need to prove two things:

  1. Your injury occurred over time due to repetitive work-related tasks.
  2. Your injury arose out of and during the course of your employment.

Even if you had a pre-existing condition that was aggravated by your work activities, you may still be eligible for benefits. For example, if you had mild wrist pain before starting your job, but typing 40 hours a week led to a diagnosis of carpal tunnel syndrome, your injury could still qualify.

Why Legal Guidance Matters

Although the law clearly covers RMIs, these claims are often challenged or denied by insurance companies. Because there isn’t a single “accident date,” employers and insurers may argue the injury isn’t work-related or question when it actually began. That’s why working with an experienced California workers’ compensation attorney—like Tim D. Wright—is so important.

Tim Wright understands how to build strong, evidence-backed cumulative trauma claims and can ensure that your case is handled properly from the start. If your claim has already been denied, our firm can help you file an appeal and fight for the benefits you’re entitled to.

How to File a Workers’ Comp Claim for a Repetitive Motion Injury

Report the Injury to Your Employer

The first and most crucial step is to report your injury as soon as you recognize it may be work-related. Many workers delay reporting because repetitive motion injuries develop gradually. However, under California Labor Code § 5400, you must notify your employer within 30 days of discovering your condition. Failing to report on time may result in the denial of your claim.

Even if your symptoms seem minor or manageable at first, don’t wait. The earlier you report the problem, the better chance you have of building a successful claim and receiving timely medical treatment and wage replacement benefits.

Seek Medical Treatment

After reporting the injury, your employer is required to provide access to medical care through their workers’ compensation insurance network. This typically involves seeing a doctor within the employer’s Medical Provider Network (MPN) for an initial evaluation.

If you’re not comfortable with the diagnosis or treatment plan, you have the right to request a second opinion or change doctors — especially if your symptoms are being dismissed or misdiagnosed.

Make sure to tell the doctor your injury is work-related, and be specific about how your job duties have contributed to your symptoms. This will be key to establishing medical evidence in your case.

Complete and Submit the DWC-1 Claim Form

To formally begin your workers’ compensation claim, your employer must give you a DWC-1 Claim Form within one working day of being notified of your injury. Here’s how it works:

  • You fill out the "employee" section of the form, describing your injury and the body parts affected.
  • Your employer fills out the "employer" section and is responsible for submitting the completed form to their workers’ compensation insurance carrier.
  • You should receive a copy of the completed form for your records.

Once the claim is filed, the insurance company has 90 days to investigate and accept or deny your claim. During this time, you’re entitled to up to $10,000 in medical treatment, even while the claim is under review.

Claims Administrator Review

Once the DWC-1 form has been submitted, the claims administrator has up to 90 days to investigate and either accept or deny the claim under California Labor Code § 5402.

During This 90-Day Period:

  • You can continue receiving reasonable medical treatment, up to the $10,000 cap.
  • If your doctor takes you off work or restricts your duties, you may qualify for temporary disability (TD) benefits — typically two-thirds of your average weekly wage, subject to state limits.

If your claim is not denied within 90 days, it is presumed accepted by law, unless the employer can provide strong evidence to challenge it.

Navigating Delays or Denials

Unfortunately, repetitive motion injury claims are often denied, especially when:

  • The insurance company disputes whether your job actually caused the injury
  • You have a pre-existing condition (which they may try to blame)
  • There’s a lack of prompt medical documentation

If your claim is delayed or denied, don’t panic — you still have options.

The Next Step: File an Application for Adjudication of Claim

This is a formal legal document submitted to the Workers’ Compensation Appeals Board (WCAB). It opens a case and allows you to dispute the denial or challenge any delays in benefits.

Take the First Step Toward Recovery — We’re Here to Help

Repetitive motion injuries may not happen overnight, but their effects can be long-lasting — interfering with your ability to work, provide for your family, and live without pain. Whether you're struggling with carpal tunnel syndrome, shoulder pain, or another cumulative trauma injury, it’s important to remember: you don’t have to go through this alone.

At Tim Wright Law, we know how overwhelming the California workers’ compensation system can be, especially when your claim is delayed, denied, or misunderstood. That’s why we’re committed to standing by injured workers across Van Nuys, Burbank, and all of Southern California — providing honest guidance, aggressive advocacy, and absolutely no upfront fees.

Let us fight to make sure you're treated fairly and compensated fully.

Call us today for a free consultation:

Van Nuys Workers' Comp Office
📍 16555 Sherman Way, Suite B2, Van Nuys, CA 91406
📞 (818) 428-1080

Burbank Personal Injury Office
📍 1112 W. Burbank Blvd., Suite 302, Burbank, CA 91506
📞 (323) 379-9995

📧 Email: firm@timwrightlaw.com
🌐 Website: www.timwrightlaw.com

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I am very satisfied and thankful with Attorney Tim Wright and his whole team for taking care and handling my fathers personal injuries case. Thank you all very much your staff is amazing, very helpful.
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The Law Offices of Tim D. Wright were awesome. They were professional, they kept an open communication with me through out the process.  Big shout out to Sergio and Mercedes for being very helpful with my settlement.
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