Q: I was injured at work the Thursday before Labor Day. I know I bumped my knees. That's all I'm aware that I did that
might cause injury. At the end of the day I felt that I might get a bruise. I did not report this to my office immediately as I don't consider a bruise to be a big deal. The next day, Friday, there was a bruise on my left leg below my knee and my left knee was very sore. I've had arthritis for years so I wasn't overly concerned. It is normal for me to rest and sleep one night and the next day the pain would be gone. This time I woke up the next day, Saturday, and the pain was not gone. My knee was and still is in extreme pain. Because I now knew something abnormal had happened on Thursday at work, I notified my manager on Saturday that I was injured at work Thursday. Mgmt maintains no workers comp applies because I did not report the injury immediately. I maintain I reported the injury as soon as I knew it was a injury not a theory that I think I might get a bruise which is not the problem anyway. Should I be entitled to workman's comp medical benefits?
A: You are potentially entitled. The Workers' Compensation Act in PA requires notice within 21 days to be covered for wage loss from day 1 or 120 days of the injury to be covered from the date of notice forward. Obviously you are well within either; however timely notice does not mean the employer is barred from disputing your claim. There are some red flags with your claim since it was not reported until the weekend and if you have Saturday off the employer could certainly argue that this may be something that happened at home. I would suggest you contact a workers' compensation lawyer in your area as soon as possible since you may well be in for a fight.
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