Not all injuries look the same—and California’s workers’ compensation system recognizes that. That’s why Labor Code §3208.1 defines what counts as an “injury” under the law, including both specific injuries and cumulative trauma.
Understanding this section is key to ensuring your injury claim is properly classified and compensable.
Text of Labor Code §3208.1:
“’Injury’ includes any injury or disease arising out of the employment, including injuries to artificial members, dentures, hearing aids, eyeglasses, and medical braces or appliances, but does not include an injury caused by the commission of a felony, or by voluntary participation in an off-duty recreational, social, or athletic activity not constituting part of the employee’s work-related duties.”
“A ‘specific injury’ is one which occurs as the result of one incident or exposure which causes disability or need for medical treatment.”
“A ‘cumulative injury’ occurs as repetitive mentally or physically traumatic activities extend over a period of time, the combined effect of which causes disability or need for medical treatment.”
What This Code Really Means
Labor Code §3208.1 is crucial because it acknowledges both single-event injuries (like slipping and falling) and cumulative injuries (like repetitive strain or stress over time). It also excludes certain types of injuries—such as those caused by criminal acts or off-duty recreational activities.
This section helps define what can be legally claimed, which is often a major point of dispute with insurance carriers.
Types of Injuries Covered:
✅ Back injuries from lifting heavy objects
✅ Carpal tunnel syndrome from repetitive keyboard use
✅ Hearing loss from ongoing loud noise exposure
✅ Mental health conditions from workplace harassment (with additional requirements under §3208.3)
✅ Injuries to prosthetics or medical devices used in the course of employment
Why Insurers Fight Cumulative Trauma Claims
Cumulative trauma injuries are often harder to prove, and insurers frequently deny them by arguing they’re due to aging, genetics, or non-work activities. That’s why proper documentation, medical support, and legal representation are essential.
At EFLL, we know how to build these claims from the ground up and protect clients against common defense strategies.
Want to Learn More?
Labor Code §3208.1 is just one of many critical laws that protect injured workers in California. To get the full picture, check out our comprehensive guide:
👉 🔝 Top 20 California Labor Codes for Workers’ Compensation (2025 Guide)
Final Thoughts
Labor Code §3208.1 helps define the scope of what California workers can claim under the law—and it ensures workers injured over time aren’t left behind. Whether your injury happened in a single accident or developed gradually, you have rights.
If your injury is being challenged or your cumulative trauma claim was denied, Employees First Labor Law can help. We’ll make sure your injury is recognized and your claim is taken seriously.
