About WCAB Post Termination Cumulative Trauma
FONTANA & RANCHO CUCAMONGA AREA
Have you been terminated as a result of repetitive job duties and convenient cumulative trauma that prevented you from returning to your job? Has your doctor told you that your injury is a result of being an injured work even after you were terminated from employment? There are important time limits to filing your case.
The STATUTE OF LIMITATIONS for filing a workers’ compensation claim in California is one year from the date of your job-related injury or illness. If you do not file a workers’ compensation claim within a year of becoming aware of your injury or illness, you may lose your right to pursue your Worker’s Compensation case.
Many people living in or near Fontana are unaware that repetitive work over time can result in injury and usually the first knowledge of this is when you’re treating physician advises you that your work is the likely cause of your injury.
Labor Code section 3600(a)(10) states, when the claim for compensation is filed after notice of termination or layoff, including voluntary layoff, and the claim is for an injury occurring prior to the time of notice of termination or layoff, no compensation shall be paid unless the employee demonstrates by a preponderance of the evidence that one or more of the following conditions apply:
- The employer knew about the injury prior to termination.
- The applicant has medical records existing prior to termination that show injury.
- The specific injury occurs after notice of termination but before the last day of work.
- The date of injury, pursuant to Labor Code section 5412, is subsequent to the date of the notice of termination or layoff.
If you have been terminated or laid off because of the pandemic and have knowledge that your job duties have resulted in an injury, there are time limits to pursue your case.
Labor Code section 5412 states the date of injury for a cumulative trauma claim 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/her present or prior employment.
Whether you are in the California Worker’s Compensation system or an alternative dispute resolution workers compensation program (ADR) we can help you, contact us now for more information or for a free consultation.
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