Workers' Compensation FAQs
What injuries are covered by workers' compensation?
Under Connecticut law, injuries that “arise out of and in the course of employment” are covered by workers’ compensation. Pursuant to Connecticut General Statute Sec. 31-275, “'Arising out of and in the course of his employment’ means an accidental injury happening to an employee or an occupational disease of an employee originating while the employee has been engaged in the line of the employee's duty in the business or affairs of the employer upon the employer's premises, or while engaged elsewhere upon the employer's business or affairs by the direction, express or implied, of the employer …”
Do I need a lawyer to file a workers' compensation claim?
Although there is no requirement that you hire an attorney to pursue your workers’ compensation claim, you will be at a clear disadvantage without one. The workers’ compensation system is often adversarial and complex, even if a case appears straight forward. Resolving contested claims is usually a slow process and during the process the employee is out of work and not receiving any income. In some cases where an injured employee receives benefits immediately it might appear that it is unnecessary to hire an attorney. However, should the employer file motions to discontinue benefits, things become both complicated and stressful and it’s advisable for the employee to have legal representation. There is also the risk that without the advice of an attorney, an employee will underestimate the value of a workers’ compensation claim or be unaware of benefits to which he is entitled. In many cases the worker is entitled to benefits even after returning to work.
What if I can't afford to hire an attorney to pursue my claim?
Most lawyers take workers’ compensation cases on a contingency basis. This means that they will not get paid unless they succeed in getting money for their client. Contingency fees for workers’ compensation cases in Connecticut are usually 20% of the benefits received by the employee.
Is my employer allowed to fire me for filing a workers' compensation claim?
The law prohibits employers from firing or discriminating against employees who file workers’ compensation claims. However, employees sometimes fail to comply with the law. The law does not require an employer to keep a job open for an indefinite amount of time; the length of time varies, depending on the size of the company. Sometimes it is obvious that the worker has been fired in retaliation for filing a claim. That’s a lawsuit!
How long after an injury do I have to file a workers' compensation claim?
Connecticut law requires you to file written notice of claim within one year from the date of injury and three years from the first symptom of occupational illness or disease. The official form for filing the notice is called a Form 30C and is available from the Workers’ Compensation Commission. You should report your injury to your employer immediately and seek medical treatment as soon as possible. Delay in reporting your injury could result in a reduced benefit or denial of your claim, and might increase the likelihood that your employer will contest the claim.
Will I receive compensation for pain and suffering?
No. The workers’ compensation system is designed to benefit employees and employers alike. Employers receive protection from expensive, time consuming civil lawsuits, and injured employees receive medical coverage and a steady source of income while they recuperate. Workers’ compensation is a type of insurance that makes it possible for injured employees to recover for lost wages, the cost of medical bills and permanent injury without having to prove blame or negligence on the part of the employer. In exchange for this insurance benefit, employees are not entitled to recover damages for pain and suffering. There are some exceptions. If the employer’s conduct is egregious, that could take the case out of the limitations of the system. Also, if the employee is injured while in a motor vehicle driven by a fellow employee, there can be a lawsuit. If the employee is injured while working but because of the fault of a non-employee, a defective tool, a defective product, etc., the limitations of the workers’ compensation system don’t apply.
What types of benefits are available to injured employees?
Workers’ compensation benefits generally cover the cost of medical bills for doctor visits, hospitalizations, physical therapy, and medications. Injured employees are also entitled to coverage for lost wages if they are found to be permanently or temporarily disabled. Benefits fall under four basic categories:
What is meant by a lump sum payment?
Insurance companies often seek to settle workers’ compensation cases rather than prolong the litigation or continue to pay weekly benefits. In some cases a final settlement or ‘lump sum’ pay
Under Connecticut law, injuries that “arise out of and in the course of employment” are covered by workers’ compensation. Pursuant to Connecticut General Statute Sec. 31-275, “'Arising out of and in the course of his employment’ means an accidental injury happening to an employee or an occupational disease of an employee originating while the employee has been engaged in the line of the employee's duty in the business or affairs of the employer upon the employer's premises, or while engaged elsewhere upon the employer's business or affairs by the direction, express or implied, of the employer …”
Do I need a lawyer to file a workers' compensation claim?
Although there is no requirement that you hire an attorney to pursue your workers’ compensation claim, you will be at a clear disadvantage without one. The workers’ compensation system is often adversarial and complex, even if a case appears straight forward. Resolving contested claims is usually a slow process and during the process the employee is out of work and not receiving any income. In some cases where an injured employee receives benefits immediately it might appear that it is unnecessary to hire an attorney. However, should the employer file motions to discontinue benefits, things become both complicated and stressful and it’s advisable for the employee to have legal representation. There is also the risk that without the advice of an attorney, an employee will underestimate the value of a workers’ compensation claim or be unaware of benefits to which he is entitled. In many cases the worker is entitled to benefits even after returning to work.
What if I can't afford to hire an attorney to pursue my claim?
Most lawyers take workers’ compensation cases on a contingency basis. This means that they will not get paid unless they succeed in getting money for their client. Contingency fees for workers’ compensation cases in Connecticut are usually 20% of the benefits received by the employee.
Is my employer allowed to fire me for filing a workers' compensation claim?
The law prohibits employers from firing or discriminating against employees who file workers’ compensation claims. However, employees sometimes fail to comply with the law. The law does not require an employer to keep a job open for an indefinite amount of time; the length of time varies, depending on the size of the company. Sometimes it is obvious that the worker has been fired in retaliation for filing a claim. That’s a lawsuit!
How long after an injury do I have to file a workers' compensation claim?
Connecticut law requires you to file written notice of claim within one year from the date of injury and three years from the first symptom of occupational illness or disease. The official form for filing the notice is called a Form 30C and is available from the Workers’ Compensation Commission. You should report your injury to your employer immediately and seek medical treatment as soon as possible. Delay in reporting your injury could result in a reduced benefit or denial of your claim, and might increase the likelihood that your employer will contest the claim.
Will I receive compensation for pain and suffering?
No. The workers’ compensation system is designed to benefit employees and employers alike. Employers receive protection from expensive, time consuming civil lawsuits, and injured employees receive medical coverage and a steady source of income while they recuperate. Workers’ compensation is a type of insurance that makes it possible for injured employees to recover for lost wages, the cost of medical bills and permanent injury without having to prove blame or negligence on the part of the employer. In exchange for this insurance benefit, employees are not entitled to recover damages for pain and suffering. There are some exceptions. If the employer’s conduct is egregious, that could take the case out of the limitations of the system. Also, if the employee is injured while in a motor vehicle driven by a fellow employee, there can be a lawsuit. If the employee is injured while working but because of the fault of a non-employee, a defective tool, a defective product, etc., the limitations of the workers’ compensation system don’t apply.
What types of benefits are available to injured employees?
Workers’ compensation benefits generally cover the cost of medical bills for doctor visits, hospitalizations, physical therapy, and medications. Injured employees are also entitled to coverage for lost wages if they are found to be permanently or temporarily disabled. Benefits fall under four basic categories:
- Temporary total disability: The employee is totally disabled for a limited amount of time and will receive the full benefit until they return to work or the condition improves.
- Temporary partial disability: The injured employee is partially disabled for a limited duration and will receive weekly payments based on the wage loss resulting from the injury.
- Permanent partial disability: Workers with a permanent partial disability will receive weekly payments based on permanent impairment of a specific body part.
- Permanent total disability: Workers determined to be permanently totally disabled are entitled to receive full benefits for the rest of their lives.
What is meant by a lump sum payment?
Insurance companies often seek to settle workers’ compensation cases rather than prolong the litigation or continue to pay weekly benefits. In some cases a final settlement or ‘lump sum’ pay
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860-886-2800
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860-886-2800
[email protected]
I am available for evening, weekend and in home appointments