Can My Delayed Injuries Qualify for Workers’ Compensation?

 Posted on March 20, 2025 in Workers' Compensation

Workplace injuries are not always immediately apparent. Some issues, such as soft tissue damage, internal injuries, or psychological conditions, may take time to develop or become noticeable days or even weeks after the initial incident. Understanding how local workers' compensation laws address delayed injury symptoms can help injured employees protect their rights and secure the benefits they need. If you develop symptoms of an injury long after your initial accident, speak with a skilled Hollister, CA workers’ compensation lawyer to hear about your rights and options.

What Types of Injuries Can Present Delayed Symptoms?

Delayed injury symptoms can occur in various forms. Whiplash and neck injuries can have symptoms like stiffness, headaches, or dizziness that do not appear until days after the injury. Cognitive issues, memory problems, and mood changes are symptoms of concussions or traumatic brain injuries (TBI) that can develop over time. Sprains, strains, or ligament damage can worsen gradually, revealing soft tissue injuries you were unaware of immediately after the accident. If your workplace trauma results in anxiety, depression, or PTSD, the emotional or psychological symptoms can take time to emerge.

How Do I Report a Delayed Injury?

California law requires you to report any workplace injuries to your employer within 30 days of discovering the injury. For injuries with delayed symptoms, the timeline begins when you become aware of the injury’s connection to your work, or when you reasonably should have understood the connection.

For example, let’s say you fell at work but felt fine immediately afterward. A couple of weeks later, you develop severe back pain. Your 30-day reporting period will start when the pain becomes evident.

How Can I Prove a Delayed Injury?

It can be challenging to prove that an injury you are suffering is a delayed result from your workplace accident rather than from a separate incident. To do so, you should seek medical attention as soon as your symptoms arise. This serves to ensure you are taking care of yourself physically but also creates documentation of your injuries that can be used later to support your claims. Even if you feel no immediate pain, make sure to report the accident to your employer as soon as it happens, as this can also serve as documentation.

You will need to keep detailed records of your symptoms, medical visits, and treatments, as this can help establish the timeline and severity of your injury. If any coworkers witnessed the incident or your subsequent struggles, collect statements from them that can later be used to demonstrate support for your claims.

What Can Workers' Compensation Benefits for Delayed Injuries Cover?

California workers' compensation benefits can cover:

• Medical Treatment: This includes doctor visits, physical therapy, medications, and surgeries that are necessary for your recovery.
• Temporary Disability Benefits: If the injury prevents you from working while you recover, you may qualify for wage replacement benefits.
• Permanent Disability Benefits: For lasting impairments, permanent disability benefits may be available.
• Supplemental Job Displacement Benefits: If the injury prevents you from returning to your previous role, these benefits can help cover retraining or education.

Insurance companies use various tactics to avoid paying you what you deserve. They may question your delayed injury claims, arguing that the injury occurred outside the workplace or resulted from non-work activities. Providing clear medical documentation and seeking legal guidance can help overcome these challenges.

Schedule a Free Consultation with a San Benito County, CA Workers’ Compensation Lawyer

Delayed injuries can be difficult to prove, but working with an experienced Hollister, CA workers' compensation attorney can improve your chances of securing benefits. At Cramer + Martinez we are dedicated to securing maximum compensation for our clients by gathering evidence, meeting deadlines, and advocating for your rights. Call us at 408-848-1113 to schedule a free consultation.