1 year reporting deadline for workers compensation cumulative injury?

Question

Hello, last year around April I went to the doctor with joint pain I believed was a result of work. He ordered me physical therapy and some x rays but ultimately told me there was no was all my pain was caused by work and is likely fibromyalgia. Only months later around August when I decided on my own to get an MRI did I discover it was actually damage. There is likely somewhere in notes that I suspected the damage to be work related. My question is for the sake of reporting time, would my year start in April when I went to him and physical therapy suspecting it was work related? Or in August when I received an MRI showing damage and the MRI actually stated work injury on it? Thank you.

James L. Arrasmith · Answer

Under California law, the reporting timeline for a workers' compensation claim due to a cumulative injury, such as the one you've described, can be somewhat complex. Generally, the time limit for filing a workers' compensation claim is one year from the date the employee knew, or should have known, that the injury was related to their employment. In your case, determining the start of this one-year period can be influenced by when you first suspected the injury was work-related and sought medical attention, as well as when a medical diagnosis clearly linked your condition to your work activities. 
 
Given the specifics you've provided, the initial visit to the doctor in April where work-related concerns were discussed and noted could potentially mark the beginning of your one-year window to report the injury. However, the situation is nuanced, as the definitive diagnosis came later in August through an MRI that explicitly indicated a work injury. This later diagnosis could arguably serve as the point at which you became fully aware of the nature and work-relatedness of your injury, possibly extending the start of your reporting period to August. 
 
It's essential to navigate these timelines carefully and consider consulting with a legal expert in workers' compensation law to ensure your rights are fully protected. They can provide personalized advice based on the detailed timeline of your case and help you understand the best course of action for filing your claim. It's important to act promptly to avoid missing critical deadlines that could impact your ability to receive benefits.

Gary Alan Jackson · Answer

i believe the answer of Arrasmith is AI generated and he did not type that answer himself in real time.  its very generic and has no personality, no soul. just saying this so you know that i am a real attorney typing this as i think of the words to say.  you dont need to worry about time frames,  since your claim is one of cumulative trauma, you are not expected to know you have a work injury until a doctor tells you that you do. then one year to file your case in the work comp court could possibly come into play.  but again, you just need to contact a real attorney for a detailed consultation.   
Best of luck!

Dale S. Gribow · Answer

you need to contact a workers comp lawyer asap. 
i am an Accident lawyer in Palm Springs and not a WC attorney. 
if they take the case it will be on a contingency, so there is nothing to lose. 
normally it is a 1 yr statute of limitations...the issue is when does it start. 
normally it would be 1 yr.....but I would encourage you to contact a WC lawyer who can review all the facts and the medical records......  
good luck

Q: 1 year reporting deadline for workers compensation cumulative injury?