In a majority of workers’ compensation cases when the injured worker is placed at maximum medical improvement and either given an impairment rating between zero and a hundred, the carrier files something that’s called a final admission to liability.
This is a very critical time in the case.
When you are in the workers’ compensation system, you must look at it as if it is a minefield. There are lots of mines that you can hit as an injured worker. These mines can compromise your rights and your claim. When the final admission of liability is filed all the mines hit you at once. That is a critical time and an injured worker absolutely needs to do something with that final admission of liability. You have to object to it. You need to object to it within 30 days of when it is sent to you.
The insurance carrier has a duty to send the final admission of liability to the injured worker, or their attorney if they’re represented, and within 30 days of the final admission of liability’s date of service, you must object. The date is located on the last third of the page, of the front page of the final admission. If you fail to object within those 30 days, then the injured worker’s case is closed as a matter of law and is only subject to being reopened.
It can be very difficult to reopen a workers’ compensation case.
If you do not object to that final admission of liability quickly, your case is pretty much closed. There are a lot of things that need to happen to reopen it. I’ve had several potential clients come to me after a final admission has been issued and 30 days have passed. I tell them, “Look, there’s very little that I can do at this juncture in time unless your condition has worsened and I can prove that, which can be timely and very expensive.”
For all injured workers out there, when you get a final admission of liability, you need to pay attention to that.
Many people get lots of things from the insurance carrier and never even open up the envelopes. That is a critical mistake because there are certain things, like the final admission, which can be sent to you. If you don’t do something with them, you are in trouble.
One of the main things my associates and I do at Kaplan Morrell Attorneys at law for our clients is that we make sure that we object to that final admission for liability. In fact, if I missed an objection to a final admission of liability, then honestly, I open myself up to being sued for malpractice. Thankfully, that doesn’t happen.
Remember, when you receive a final admission of liability, you must do something with that.
The mines are getting closer. You can hit a major one by not objecting the final admission of liability. I advise everyone, understand your rights. Understand and be educated in the system so that you can make an educated decision on what would be best for you whether you hire an attorney or not.
Of course, at Kaplan Morrell, you could call us, and we could educate you. 303-780-7329 is the Denver office number. We’re also located in Greeley. Again, Kaplan Morrell nation, I hope that’s helpful. If you have any questions, please, give us a call or visit our website.