Labor Code 5500.5 – Date of Injury

Understanding California Labor Codes is an essential task for any employer, but it can be a challenging task. The workers’ compensation defense attorneys at Bober, Peterson & Koby, LLP, shed light on California’s Labor Code 5500.5 – date of injury. Labor Code 5500.5 not only deals with the specific liability for occupational disease or cumulative trauma injuries but also highlights its connection to the specific date of injury.

Why Is the Date of Injury Important?

The specific date of injury for cumulative trauma injuries and occupational disease under California’s Labor Code 5500.5 is a critical piece in determining which employers are liable for workers’ compensation benefits. Below are key points in understanding the date of injury as an employer:

• Not a single point in time. The date of injury in these cases is generally not a specific calendar date that you can pinpoint but is rather determined by Labor Code Section 5412, which states that the date of injury is when an employee develops a disability or a limitation in their ability to do their job due to their work, and the employee knows or should have known that the disability is caused by their current or past employment.
• Challenges in determining the date. The knowledge of a work connection can be challenging as the employee may not connect their condition to work immediately. The ambiguity can lead to disputes about the date of injury and which employers are liable, especially if the employee had multiple jobs at the time of injury.
• Impact on employer liability. Labor Code 5500.5 states that employers are liable for workers’ compensation benefits for a one-year period leading up to the date of injury. This means that if an employee files a claim, investigations will focus on their work history during that one-year window. Employers who employ the worker within that time frame can be held liable for a share of the benefits, depending on the circumstances.

What Is Cumulative Trauma and Occupational Disease?

While the code itself does not provide specific definitions for cumulative trauma and occupational disease, it is important for an employer to understand what these types of injuries and conditions mean.

• Cumulative trauma injury. This type of injury develops gradually over time from repeated exposure to a physical stressor in the workplace. An example of cumulative trauma could be carpal tunnel syndrome, which is developed from repetitive typing or assembly line work.
• Occupational disease. This is an illness that develops over time due to workplace conditions and is often linked to exposure to hazardous materials, chemicals, or environmental factors. An example of occupational disease is respiratory problems from long exposure to dust, fumes, and other airborne toxins.

How to Respond as an Employer

Even as an employer who holds high value and regard for their employees, it may feel like fighting an uphill battle to stay in adherence with California’s Labor Code. It is important to know that there are both preventive and reactionary measures that you can take to protect your employees and yourself as the employer.

The optimal defense is often a good offense. By prioritizing workplace safety, implementing safety measures, and providing proper training, you can minimize the risk of work-related illnesses and injuries, which can overall reduce the likelihood of facing claims under California’s Labor Code 5500.5.

It is essential to maintain clear records of workplace safety procedures, training, and any reported incidents involving potential hazards. This documentation can strengthen your position if a worker does file a claim and the date of injury is contested.

Finally, there may be situations that emerge even after implementing thorough preventive measures where a worker files a claim. It is important to consult with a trusted workers’ compensation attorney as they can advise you on your rights and obligations, help you navigate the complexities of a claim, and assist in potentially minimizing your liability.

FAQs

Q: What Is the Date of Injury Under Labor Code 5500.5?

A: The date of injury under California Labor Code 5500.5 is the specific date that the employee first experienced disability and realized that the disability is connected to their current or past employment or the date that the employee could have known with reasonable diligence. This date is not necessarily the first date that the employee experienced symptoms of their disability, but it is the date that they discovered or realized the disability is tied to their employment.

Q: What Does California Labor Code 5500.5 Cover?

A: California Labor Code 5500.5 covers the employer’s liability for occupational diseases and cumulative trauma injuries. It specifies which employers are held responsible for providing workers’ compensation benefits in such cases. This code details that even if an employee worked multiple jobs in the one-year period leading up to the date of injury, all of the employee’s employers during that time period could be responsible for providing this benefit.

Q: How Long Does an Employer Have to Write Someone Up After an Accident in California?

A: The length of time that an employer has to write up their employee after an accident in California is immediately, no longer than eight hours after learning of the injury. The California Code of Regulations Title 8 states that an employer should report serious work-related injuries, illnesses, and fatalities to the Division of Occupational Safety and Health as soon as is practically possible but no longer than eight hours after the employer becomes aware of the injury.

Q: How Long Does an Employee Have to Report an Injury at Work in California?

A: The length of time that an employee has to report an injury at work in California is up to 30 days. The California Labor Code Section 3710 details this deadline and suggests that the employee report the incident in writing, as this can create clear records and protect their rights.

It is essential that employees act quickly so that they do not jeopardize their ability to receive workers’ compensation benefits and if they do not report in this time, their eligibility and request for benefits may be rejected.

Speak With a Qualified Workers’ Compensation Defense Attorney Today

If you are looking to learn more about California’s Labor Code, have specific questions on the date of injury details, or are facing a workers’ compensation claim as an employer, the workers’ compensation defense attorneys at Bober, Peterson & Koby, LLP, are here to help. Reach out to Robert Engar, Director of Client Services, at [email protected] or call 714-750-9421 today.