If you’ve been hurt at work, there is a unique and complex process that you must follow to receive workers’ compensation. Contact the Law Offices of Alexander H. Schwartz today with any questions you may have or continue reading to learn more about Connecticut’s worker’s compensation program.
Due to the workers’ compensation insurance system, employees are not allowed to sue their employers for their injuries. Workers’ compensation is a type of insurance that is intended to protect most employees when they become injured on the job. The insurance is meant to cover medical bills and lost wages. It also provides disability benefits, which may be total, permanent, and/or temporary, and impairment benefits.
In Connecticut, workers’ compensation may also provide for discretionary benefits, job retraining, and relapses or recurrences of illness or injury. Unlike other personal injury claims, workers’ compensation claims do not allow for pain and suffering damages.
Weekly benefits are usually calculated using some form of an average weekly wage formula, which means your pre-injury wages help determine your benefit amount. These benefits may only be a portion of your pre-injury wages, however.
Injury-related medical treatment may also be reimbursed, provided there is no dispute as to the amount of treatment. Otherwise, you will need to file a claim with the Workers’ Compensation Commission.
Permanent disability benefits are based on guidelines that the American Medical Association developed. The amount of your benefits will depend on factors such as the body part that is now impaired and the percentage that it is impaired.
In Connecticut, covered employees include minors, non-citizens, and part-time employees, as well as regular, full-time employees. Independent contractors are not covered by workers’ compensation. Most employers are required to carry workers’ compensation insurance. The Connecticut workers’ compensation system is a no-fault system, which means that even if the accident was the employee’s fault, he or she is still covered. If drugs or alcohol were involved in the injury, however, the worker will not be covered, regardless of the no-fault system.
To file a workers’ compensation claim, you first need to report your injury to your employer and get medical attention. Your employer will have to file forms with its insurer. The insurer may require you to see a specific provider for your treatment.
Next, you need to file a written claim, known as the 30C form, with the Workers’ Compensation Commission. For claims to be viable, they must be filed within one year of the date you were injured. In some cases, the insurer may begin making payments to you, or they may contest the claim. In such a situation, the next step is an informal hearing at the Workers’ Compensation Commission. Before the hearing, the parties must attempt to reach a resolution. Often, disputed claims result in a settlement, but cases may proceed to a formal hearing if an agreement is not reached. Further appeals will proceed to the Compensation Review Board.
If you have questions about a work injury in Connecticut, contact the Law Offices of Alexander H. Schwartz today for a free consultation. Attorney Schwartz is a former prosecutor who has decades of trial experience. Unlike other firms, where your case will be handed over to a case manager or paralegal, you will work with Alexander Schwartz directly to resolve your claim.
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