This is one of the most common dirty tricks by employers. I've seen cases where people who were climbing and should have had a spotter, but did not. So when they fell, are knocked unconscious, and found laying on the floor, the employer says no one saw the fall, so they don't know why the employee is injured. (Not a defense.)Another typical case is back injuries. The employee hears a pop, feels something funny in his back, and doesn't tell anyone because it seems like no big deal at the time. Then, later that night or the next morning, he develops agonizing pain and goes to the doctor. Sure enough, his employer claims he didn't report the injury timely. (He did report timely.)
Or the employee who develops a chronic injury over time. After tolerating pain that is getting worse and not going away, s/he goes to the doctor and the doctor says that it's a work-related injury. The Employee reports it to their supervisor and they deny you got hurt at all, or that s/he reported it timely, because the problem had been developing for a long time. (They're wrong.)
My personal favorite is the adjuster who says that what the employee described in the report of injury form does not constitute an injury "legally". How is she qualified to make that judgment? (Answer: she isn't.)
Thing is, you don't have to report an injury until you know you know you're injured. Most workers shake off the occasional tweaks and aches and pains, keep working and the pain goes away. So it's reasonable to wait a few hours or overnight, or even months, to see if you really got hurt. The Alaska Workers Compensation Board knows this and there is plenty of law protecting the employee when he does wait to report the injury.
But employers and insurance companies try to bamboozle employees into thinking they've done something wrong and their injury isn't covered.
Keenan Powell has practiced law in Alaska for 3t years and has dedicated her practice to Workers Compensation representing injured Alaskans.
All consultations are free. If you want to set up a meeting, use the contact form on www.keenanpowell.com or call: 907 258 7663.