
Working is a right provided by all to support themselves and their families. When injuries happen on the job, it is critical that work-related injuries do not cause a lapse in compensation, particularly because the injury occurred while performing the job. While workers’ compensation is designed to provide a continuity of pay, the system does not always work the way it should. With the help of a Connecticut workers’ compensation lawyer, however, you can pursue compensation you may be entitled to.
The attorneys at Buckley Wynne & Parese are part of a legal tradition that dates to 1881. When you need help with a workers’ compensation claim, you can be sure that we have the knowledge and experience it takes to help you navigate the process. With offices in New Haven, Stamford, and Hartford, we help clients all over the state pursue the compensation they deserve to get back on track after a workplace injury.
In Connecticut, all employers are required to carry workers’ compensation insurance in accordance with Chapter 568 of the Connecticut Code. This coverage is meant to help workers pay for medical costs associated with workplace injuries as well as partially replace lost wages if they are unable to work or must work reduced duties because of their injuries. If a worker is permanently disabled or killed, workers’ compensation provides coverage for that, as well.
Workers’ compensation only applies to injuries or illnesses that occur in the course of work and as a direct result of work. There are many types of injuries that can occur at work, but common injuries include:
Injuries that happen during the commute to or from work are not eligible for workers’ compensation coverage, unless the travel was specifically for work and at the request of your employer. Behavior that is the result of horseplay or other behavior unrelated to the course of completing work is also not eligible.
Workers’ compensation also may not cover all illnesses or long-term conditions associated with work. However, if a worker can clearly demonstrate that their illness or injury is directly related to their work and would not have developed if not for work, they may be eligible for coverage. For example, a worker who developed mesothelioma from workplace exposure to asbestos might be able to claim workers’ compensation.
If you get hurt at work and need to file a workers’ compensation claim to recover your losses, there is a series of steps you need to follow to set yourself up for physical and financial recovery. Here are the things you should do following a workplace injury:
If your injury has left you partially or totally disabled, your employer will likely require an examination report from a physician that confirms your disability and the extent of it. Your attorney will guide you through the next steps to pursue compensation that accounts for your loss of ability. Work-related injuries that physically or mentally change the capacity and type of work you can do moving forward put limits on potential future compensation. Workers’ compensation can help to account for that future loss as well.
If you have already filed a workers’ compensation claim and it was denied, you still have options. Your attorney will guide you through the appeal process, which includes the following steps:
Under normal circumstances, a worker who is injured on the job cannot file a personal injury claim against their employer in addition to their workers’ compensation claim. There are, however, a few exceptions, including cases of willful, intentional harm on the part of the employer.
However, workers can sometimes file claims against third parties who are liable for their injuries. For example, a construction worker who fell from a broken ladder may not be able to file a personal injury claim against their employer, but they may be able to file one against the manufacturer of the ladder if it was poorly made and failed when it should not have.
From the beginning of the workers’ compensation process, it is beneficial to hire a workers’ compensation lawyer. A lawyer with a deep understanding of Connecticut’s workers’ compensation laws can assist in filing your initial claim and communicate with your employer and the insurance company on your behalf. Your lawyer can also help you protect yourself against any unfair practices on the part of your employer or the insurance company.
If your claim is denied, your attorney can assist in navigating through the appeal process and represent you in any alternative dispute resolution opportunities or in any necessary litigation. Should you need to file a personal injury claim against a third party, your attorney can also assist throughout the process from filing to representing you in any necessary court proceedings.
Workers’ compensation often covers injuries from accidents that happen while an employee is traveling for work. Whether the accident happens on a business trip or while an employee is traveling from one job site to another during the workday, specifically, work-related travel is often covered by workers’ compensation. However, depending on the circumstances, non-work activities while on a business trip may not be covered. Your attorney can help you understand your situation.
It is possible for arthritis to be a covered condition for workers’ compensation. However, if you have arthritis and want to file a workers’ compensation claim, you must demonstrate that there is a clear connection between your arthritis and the work you do. Many people develop arthritis for reasons that are unrelated to their jobs, so causation is the most important factor when determining whether a condition like arthritis is eligible for workers’ compensation coverage.
According to the protocol established by the Connecticut Workers’ Compensation Commission, physicians should send medical bills directly to the employer or insurance company, rather than to the employee. Exceptions do exist, such as if an employee receives emergency care from a physician who is not on the employer’s approved list. In these cases, the employee may receive a bill that they would then need to submit for reimbursement.
The cost to hire a workers’ compensation attorney can vary significantly from lawyer to lawyer and from case to case. Attorneys generally set their own hourly rates and decide their own fee structures, so you might see a lot of variation even within a small area. At Buckley Wynne & Parese, we take cases on a contingency basis, meaning we do not ask for any up-front legal fees. Instead, we receive a percentage of the settlement we secure for our clients.
If you have been injured at work, you may be feeling overwhelmed or unsure of your next steps. At Buckley Wynne & Parese, we are here to help you navigate this stressful time. Contact us today to discuss your situation and find out how we can assist you.
We understand the stress of dealing with an injury. Our team is here to provide compassionate support and effective legal representation, statewide.