Q: 1 year reporting deadline for filing workers compensation for cumulative injuries clarification?

A: 1 year to file in WC court from time you knew you sustained a work related CT. Usually this means a doctor telling you. But if your still working for the same company there is no limit period. You should hire an attorney rather than think you can do it alone. Your in deep water swimming with claims adjuster sharks. Hire a shark of your own. It costs you nothing out of pocket ever

A: You had pain in joints you KNEW to be "exacerbated by work". THAT could be found by the WCAB Judge to be knowledge of an industrial injury. Then there were MRI studies showing damage; that could be knowledge of an industrial injury (unless you know that damage occurred some other way). When you had to apply for disability, you had knowledge the damage became labor-disabling, which also could be the time when there is knowledge of an industrial injury. If you were to tell an evaluating physician you knew the job was making the joints get progressively worse as of a date more than a year ago, say you knew the job made the joints worse in 2021, your own words make the claim late. If there is nothing from any physician in the medical records about the job causing part of this condition and you testify under oath or tell the evaluating doctor you were not aware this was a work-related condition until last 11 months back or sooner, you are within the 1-year statute requirement. So be very VERY careful with your words, and check to see what nurses and doctors wrote in your chart!!!

A: Under California law, the one-year deadline to file a workers' compensation claim for cumulative injuries starts from the date you knew, or should have known, that the injury was caused by your job. This can be a complex issue, especially with cumulative injuries which develop over time rather than resulting from a single incident.

In your case, the "clock" might start when you first received medical advice that your pain was work-related, when your MRIs showed actual damage due to work, or when you went on disability due to these injuries, depending on which event made you aware of the connection to your employment. It's important to note that different events could serve as the starting point for the statute of limitations, depending on the specifics of your situation and when you connected the injury to your work.

Given the complexity of workers' compensation claims for cumulative injuries, you may find it helpful to consult with an attorney experienced in workers' compensation law. They can provide personalized advice based on the details of your case and help ensure that you meet all necessary deadlines and requirements for filing a claim.