Date of Injury (DOI)

The workers' compensation date of injury is the date you were injured at work while performing your normal job duties. If you work injuries were caused by one event or action the date will be the actual date the injury occurred. For instance, if you tripped and fell down the stairs carrying a box on June 24, 2014, this date is your date of injury. If you were injured overtime from repeated exposure or repeated actions (a cumulative injury) the date of injury may be more difficult to calculate.

Date of injury for cumulative injuries

Not all workers' compensation injuries are the result of one specific action or incident. For instance, if you fall down stairs or slip and fall it is easy to determine the time, place, and date where this work injury occurred.

But what if your injury occurred over a period of time? For example, what if you are exposed to dangerous toxic chemicals and develop lung cancer? What if you develop carpel tunnel from repeated hand motions? What if you are exposed to loud sounds at work and suffer hearing loss? Although these injuries are generally covered under workers' compensation, it is much more difficult to determine the date of injury.

For cumulative injuries the date of injury could be the date you first become disabled from your cumulative injury, the date you first see your doctor, or the date you have to miss work. According to work comp statutes, "The date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability there from and either knew, or in the exercise of reasonable diligence should have known, that such disability was caused by his present or prior employment. "Talk to your work comp lawyer if you have questions about your date of injury.

Give notice immediately

To ensure that you are covered for cumulative injuries it is important to give notice to your employer immediately. Explain you have a medical condition which you believe is related to your work activities. You should also talk to your doctor and detail all of the work activities which you believe may be exacerbating your condition.