Determining the Date of Injury in a Workers' Compensation Case
If you are injured while at work and require medical treatment, it is important that you pay specific attention to dates. You need to be aware of the date of the injury, and respect certain time guidelines set by law. It is also important that you record and/or remember all dates for the course of your workers’ compensation claim, as you will want to remain consistent. Often times, the workers’ compensation cases drag out for many years, and it is difficult to remember dates as time passes. Therefore, it is always a good idea to take very specific notes and keep all paper records where you can later access them.
Determining Date of Specific Injury in a Workers’ Compensation Case
If you injure yourself at work during one specific accident or event, then that is a specific injury. The date of the injury is the actual date when you hurt yourself. If you try to rest or seek medical treatment at a later point in time, the date of injury is still the date when you actually injured yourself. Often, an attorney can make the claim that the injury was the date when you discovered that the injury was industrial related. This is sometimes necessary for statute of limitations purposes. You only have one year from the date of injury to file your claim.
Determining Date of Cumulative Injury in a Workers’ Compensation Case.
The date of injury for a cumulative claim is somewhat different from the date of injury for a specific injury, as a cumulative injury is one that occurs over time. It is caused from the repetitive physical or mental trauma which occurs over a period of time. The date of injury for a cumulative injury is the date on which you either first suffered injury or you knew that the injury was work related. Once you know you have the injury and it is work related, the one year statute of limitations comes into effect, and you must file your claim within 1 year or be forever barred.
Call The Law Offices of Kevin Cortright to schedule a free consultation or to learn more about our experience in workers’ compensation regarding date of injury. As a Workers Compensation Attorney I can help you with your Temporary Disability and Permanent Disability Benefits, Additionally I can help you obtain the Medical Treatment you need for your injury.