Date of Injury / Cumulative Trauma Injury
The date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence, should have known that such disability was caused by his present or prior employment. See Labor Code Section 5412.
Please remember that both work related injuries and personal injuries have statutes of limitations. This means that your claim or lawsuit must be filed within a certain period of time, or the claim will be barred. If a personal injury claim is against a governmental entity, there is a six-month claim statute which must be satisfied.
It is imperative that you contact the attorney of your choice for advice regarding the statute of limitations at the earliest possible opportunity. Your failure to take action promptly may result in your claim being denied based on the statute of limitations. The statute of limitations involved will vary depending on the circumstances of your particular claim.
The information provided herein above is not to be received or understood as legal advice. No attorney/client relationship exists with this office until you have signed a Retainer Agreement or an engagement letter.
If you are serious in pursuing your injury matter, retain counsel without delay. If you fail to strictly observe the time limitations applicable to your particular situation, you are likely to lose your rights to proceed FOREVER.
Brent Mcafee Thompson APC is a professional Workers Compensation Law Firm. Brentmthompson.com is a Workers Comp Attorney serving injured workers in California. For over the past 30 years I have represented thousands of workers who have suffered injuries on the job. On the job injuries can occur as a result of a specific injury and also as a result of a cumulative trauma injury. An example of a specific injury would be a slip and fall where the person injures their back. A cumulative injury is an injury that is caused as a result of the repetitive stress and strains of repetitive job duties over a long period of time. We are diligent and aggressive at securing the treatment and compensation you deserve. If you need any assistance regarding an injury at work feel free to call my office 800-400-8321 for a free consultation.