Perla twists her ankle at work but because her ankle is not sore or swollen does not immediately realize that she is injured. Th
erefore, she does not immediately report the injury to her employer. The next morning, Perla’s ankle is sore and swollen, and she realizes she has the kind of injury she is required to report to her employer so she reports the injury that day. Perla is disciplined for failing to report her injury "immediately" as required by the employer’s injury reporting rules. Did the employer misuse a disciplinary program against Perla for reporting an injury?
Yes, the employer did misuse a disciplinary program against Perla for reporting an injury.
When Perla got her ankle twist, she didn't even realize that she was injured, hence she didn't take it to her employer. As soon as she realized the injury, she took it to her employer's notice. Hence, there is no mistake on Perla's side. Therefore, the disciplinary program for failing to report the injury immediately is misused by the employer against Perla.
