Q: Can an employer refuse to pay lost wages as a result of a work related injury that may have a non work related cause?
I sustained a broken rib when pulling out a table at work to sweep around it. There was no traumatic event, just pulling on the table. I have been out of work for almost 3 weeks. They are reviewing further to see whether they are going to pay wages from the time I have not been able to work because they feel it's unusual to break a rib just by pulling on something. I have had no prior traumatic events that might have weakened bones, and no history of bone disease.
A: An employer can always dispute the compensability of an injury. One of their arguments could be that the incident at work did not cause the injury. Your question is a little confusing since you indicate the injury has "a non work related cause." If the injury was not caused by your work activities the employer's workers' compensation carrier would not have to pay for the lost wages. However, if there is a pre-existing condition that is made substantially worse by a work event resulting in a period of disability, that could be considered a compensable work injury. Your claim appears to be rather complex. I would suggest that you contact a local workers' compensation attorney to discuss your options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
