What Is the Date of Injury in a California Workers’ Compensation Case?

In a California workers’ compensation case, the date of injury is a critical detail. It determines when benefits may begin, how long you have to report the injury, and which laws apply to your claim. The date of injury is not always the same in every case, it depends on the type of injury and when the worker becomes aware of it.

Date of Injury for a Specific Injury

For a specific injury, the date of injury is usually the exact date the incident occurred. This might be the day a worker falls, is struck by an object, or suffers a sudden back injury while lifting something heavy.

This date is typically easy to identify and should be reported to the employer as soon as possible.

Date of Injury for a Cumulative Injury

For a cumulative trauma (CT) injury, the date of injury is more complex. Under California law, the date of injury is considered to be the date the worker first suffered disability and either knew, or should have known, that the injury was caused by their work.

This may be:

• The first day they missed work due to the condition
• The date a doctor confirmed that work activities caused the injury

Because cumulative injuries develop over time, workers may not realize right away that their pain or symptoms are job-related. Once they become aware, they must act quickly to preserve their rights.

Why the Date of Injury Matters

The date of injury affects several parts of the claim process:

• Deadlines for reporting the injury to the employer (within 30 days in most cases)
• Statute of limitations for filing a claim (generally one year from the date of injury)
• Medical treatment and benefit eligibility timelines
• Which version of the law applies, especially if regulations have changed

Mistakes or disputes about the date of injury can result in delayed or denied benefits.

What If the Date of Injury Is Disputed?

In some cases, the employer or insurance company may dispute the reported date of injury, especially for cumulative trauma claims. They may argue that the injury is unrelated to work or that the worker waited too long to report it.

In these situations, medical records, work history, and witness statements may help clarify when the injury occurred and when the worker became aware of it. A Qualified Medical Evaluator (QME) may also be involved in determining the date.

Need Help With Your Workers’ Compensation Claim?

Whether you suffered a specific injury or a condition that developed over time, accurately identifying the date of injury is essential. The Law Offices of Norman J. Homen can assist you with claim filing, documentation, and disputes involving the date of injury.