Legal Question in Workers Comp in Pennsylvania
I fell at work 11/19/2010. I hit my knees very hard then fell on my right side. People around me asked me if I was okay. The office manager came out from her desk and also asked if I was okay. I told her my knees hurt a lot. The next day my the area below my kneecaps was very swollen on both legs and I told this to the office manager.
Several months later my right arm started hurting. My knees felt better. I finally went to an orthpeadic doctor and after an MRI told me my right shoulder was dislocated and I had a complete rotator cuff tear. He said it was due to a traumatic injury and asked if I were in a car accident or fell. I told him about my fall at work and he said "that's it." I said wouldn't I know if my shoulder had been dislocated and he said no, not necessarily. I then told the office manager that I had a work-related injury so she called our workers comp. insurance. Apparently, because the incident was not reported to them, they denied the claim. The person I spoke to said I did not report the incident within 120 days. I reported it to my employer right away, also I did not know I had injured my shoulder until my doctor told me. I am I out of luck.
1 Answer from Attorneys
You are going to need an attorney experienced in workmen's compensation matters to advise you. Contact me for a free consultation. 215-885-4701
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