Workers' Compensation FAQ
Do I even need a lawyer?
The short answer is: probably. Though the workers compensation act was set up as a “no fault” act so that the employee is only required to prove that his injury was sustained arising out of and in the course of his employment, the Connecticut workers’ compensation process has become increasingly adversarial. Even seemingly straight-forward cases are becoming contested which shifts the burden of payment of medical bills to the workers’ health insurance company, instead of the employers insurance. In the meantime, the employee is out of work, without any income.
In the event the employer or insurance company begins paying benefits immediately, an attorney may not be needed; however, should the employer or insurance company subsequently file to cut off benefits, or should the employee want to settle his or her case for what the employer or insurance company calls a “fair value,” representation by an attorney is advisable.
If you have any doubts or questions about your case, please use the Contact Us form on the right of this page, so we can assess your case and advise you accordingly.
Should I report my accident to my employer?
Yes. Any injury or illness you’ve suffered on the job should be reported to your employer right away. You may be denied certain benefits from Workers’ Comp for every day you fail to report your injury. Your employer is responsible for filing documentation with the State when it becomes aware of your injury.
What if my employer doesn’t have Workers’ Compensation insurance?
All publicly and privately owned businesses – with only a few exceptions – are required by Connecticut law to provide workers’ compensation benefits for your injuries on the job. If your employer doesn’t have workers’ compensation insurance, the company may be subject to fines and will also be required to not only directly pay for all of the normal workers’ compensation benefits you are entitled to, but may be required to pay you other damages as well.
Can I receive pain and suffering through Workers’ Compensation?
No. However, the workers’ compensation benefits that are provided include (but are not limited to) Partial Disability Pay – if you are not able to work while recovering – medical, hospital and rehabilitation benefits. If your injuries are permanent, you will be entitled to compensation for your permanent impairment.
What types of accidents are covered by Connecticut Workers’ Compensation Laws?
Any injury due to an accident that happens “out of and in the course” of your employment. The accident will usually be covered for example, even if you are injured in the parking lot at work or while entering or leaving your work-site or while at lunch in the company lunch room. These are just some examples. The law regarding what injuries will be deemed to have happened “out of and in the course” of employment is very complicated. However the experienced Workers’ Compensation Attorneys at CT Injury Lawyers will be able to answer any questions you have.
How soon should I file a claim?
You should speak with a Connecticut workers’ compensation attorney as soon as possible following your injury. Generally, you only have one year to file your claim for an accidental injury or repetitive trauma injury. If your injury is older than a year and you did not file a formal claim, do not give up there. There are certain exceptions to formally filing a claim, most typically, if you were furnished medical care from the employer within the one-year period. Additionally, there are different limitations periods for cases of occupational disease.