Re: Cumulative Trauma
The law says you have to file at the time of the injury.
There's no reason why anyone would wait.
In the past twelve years, how many times did you file an accident report with your employer?
My back was injured due to cumulative trauma of my trade over 12 years
How many times did you see the company doc for this?
It's impossible for a doc to make that call based solely on an employee statement.
I just found out it's work related this october, how long do I have to report this to my employer
He would also have to review the accident report , otherwise it's just a opinion based on what you said.
You "just" found out in October?
Three months ago isn't "just"
Why would you wait three months?
For starters, you need to inform your employer Before you seek medical treatment.
You then need to afford them the opportunity to verify the circumstances (file an accident report) and provide medical care.
You can't just willy nilly go to a doc, have him say it's work related, wait three months and tell them what his "opinion" may be.
There are procedures and rules to protect both the employer and employee, you broke all of them.
I'd say you have a long road ahead, I fail to see how you'll prove your case at this point.
Last edited by tony; 12-23-2009 at 02:16 PM.
Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.