Q: If I was injured and did not miss work, should I receive an admission of liability or denial from insurance co?
I was injured on October 1st and went to the workers comp doctor. I did not miss any work, but was put on modified duty. A claim was filed with my employers insurance and they have been paying medical. I have not received an admission of liability or denial. Should I have received this? My wages have been decreased but the insurance company is not paying any lost wages.
A: They don't have to file an admission of liability or a notice of contest unless you have lost the equivalent of 3 days or three shifts from work. If you are working fewer hours as a result of your injury, for example, if the doctor's restrictions say you cannot work as many hours as you used to, as soon as you accumulate 24 hours that you have not worked, that will trigger the insurance company's requirement to admit or deny liability. Presumably, you have kept track of how many hours fewer you are currently working than you were before your injury. If you are working fewer hours for any other reason, for example if the business has less need because of the season or something else, you probably would not be entitled to temporary disability benefits.
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.