If you have been hurt on the job, you may be entitled to receive financial benefits through the Connecticut Workers’ Compensation Act. It is designed to provide an injured worker with the resources they need to recover from a work-related injury or illness – without the need to determine fault for the accident or incident that caused it.
But what happens if you’re denied workers’ comp? At Jainchill & Beckert, LLC, our goal is to help you get the benefits you’re entitled to due to an on-the-job injury. Contact us today for a free consultation with a Plainville, CT, workers’ compensation lawyer.
What Do Connecticut Workers’ Compensation Benefits Cover?
The Connecticut workers’ compensation system (also referred to as workmans’ comp) provides workers with certain financial benefits in the event of a work injury or occupational disease. These benefits are intended to help cover the costs of medical treatment, as well as to make up for lost income if a worker cannot work due to their injury or illness.
The workers’ comp system may also provide benefits to help a worker return to employment if they cannot perform their old job. In addition, if a worker dies due to a work-related injury or illness, workmans’ comp can offer benefits to their surviving family.
What Types of Benefits Are Available from Workers’ Compensation?
Under the Connecticut workers’ compensation system, workers may be entitled to a range of benefits. This list breaks down general types of benefits for workers’ comp claims:
- Medical treatment – Workers can obtain payment for all reasonable and necessary medical care for their work injury or occupational disease.
- Temporary total disability – If a worker cannot work during their period of recovery from a work injury or occupational illness, they can receive wage replacement benefits. These benefits will be calculated based on how much money you make at the time of the incident.
- Temporary partial disability – This applies if a worker earns less during their period of recovery after accepting part-time work or being transferred to a lower-paying, modified-duty position. The worker can receive wage reimbursement benefits. These benefits will be calculated based on how much money you make at the time of the incident.
- Permanent partial disability – This applies to a worker who suffers a permanent partial loss, or loss of use, of a body part due to a work injury or occupational illness. That worker may be entitled to receive payments based on the affected body part, the severity of disability, and the employee’s basic compensation rate.
- Relapse or recurrence benefits – These benefits are for a worker who suffers a recurrence or relapse of a previously recognized work injury or occupational illness. In this case, they can resume receiving wage replacement benefits at their compensation rate at the time of the original injury or illness, or their current compensation rate if higher.
- Discretionary benefits – An administrative law judge may, at their discretion, grant additional financial payments to an employee after they have been paid all their permanent partial disability benefits. These benefits can include payment for permanent, significant scarring or disfigurement, or wage replacement if they cannot find new employment or their new employment pays less than their old job.
- Job retraining – Workers who cannot return to their previous job can receive vocational rehabilitation and job retraining services to find new work within their physical/cognitive restrictions.
- Survivor’s benefits in the case of a worker who dies on the job – These benefits are for a surviving spouse or eligible dependent of a worker who died due to a work injury or occupational illness. They may be entitled to receive up to at least $12,000 for contribution toward funeral and burial expenses, plus weekly wage replacement benefits equal to the deceased wage compensation rate at time of death.
How to File a Workers’ Comp Claim in Connecticut
To file a workers’ compensation claim in Connecticut, you must file a Form 30C with your employer to notify them of your work injury or occupational illness. Once an employer receives a Form 30C from a worker, they are required to forward it to the employer’s workers’ compensation insurance carrier. The insurer will then determine the compensability of the claim.
As part of the process to apply, the worker must also send a copy of Form 30C to their local district office of the Connecticut Workers’ Compensation Commission. It should be sent by registered or certified mail, return receipt requested, or delivered in person.
An employer and its insurer have 28 days to evaluate a worker’s claim and either commence paying benefits or deny the claim. If the employer/insurer takes no action after 28 days, the claim is deemed accepted. If an employer/insurer begins paying benefits within the 28-day review period, they have up to one year from commencing benefits to contest the claim.
How are My Workers’ Comp Benefits Calculated?
Workers’ Comp benefits are calculated pursuant to statute. First you calculate your Average Weekly Wage, typically the last 26 weeks of wages. Then you consider your tax filing status and how many deductions you claim on federal and state income taxes. The Workers’ Comp Commission publishes a table annually that identifies what your Compensation Rate will be based on these factors.
How Long Does It Take to Receive Workers’ Comp Benefits?
After suffering a work injury or symptoms of an occupational illness, you can immediately begin receiving medical treatment benefits. However, temporary total disability or temporary partial disability benefits will not be paid under workers’ comp until you have missed at least three calendar days from work (not including the day you were injured), with benefit beginning on the fourth day of incapacity. If you suffer temporary total or partial disability for seven or more calendar days, you will be reimbursed for the first three days of work you missed.
How Our Workers’ Comp Lawyers Can Help You
After you have been injured on the job or diagnosed with an occupational disease, you deserve to receive workers’ comp benefits. Don’t let your employer or its workers’ compensation insurer try to deny your claim or prematurely terminate your benefits. Let the workers’ compensation lawyers of Jainchill & Beckert, LLC help you by:
- Explaining your rights under the workers’ compensation system and what to expect to take place during your claim.
- Collecting evidence that may be needed to prove your injury/illness and its connection to your work.
- Documenting your expenses and losses.
- Identifying other options for seeking financial compensation, such as third parties who may be held liable under a personal injury claim.
- Ensuring that your claims are timely filed.
- Diligently pursuing full compensation for you.
- Advocating on your behalf in a workers’ compensation hearing, or filing a lawsuit or an appeal to bring your case to court.
When You Could Deserve More Than Workers’ Comp
If you are hurt on the job, the Connecticut Workers’ Compensation Act limits your legal recourse against your employer to filing a workers’ comp claim. You are typically prohibited from filing a personal injury claim against your employer.
However, there may be an instance where a third party outside of your employer (for example, a contractor, property owner, or another entity) is responsible for your work injury or illness. If so, you could be eligible to pursue a personal injury claim against them, in addition to obtaining workers’ comp benefits from your employer.
Pursuing a third-party personal injury claim in addition to filing for workers’ comp benefits can help ensure you receive full compensation for all losses due to a work injury or occupational illness. A personal injury claim can also allow you to obtain financial recovery not available in the workers’ compensation system, including:
- Medical and rehabilitation expenses
- Costs of long-term care for permanent impairment or disability, including for home health services or costs of home renovations to install accommodations for disabilities
- Full reimbursement of lost wages and income from missed work or reduced earning capacity
- Loss of future earnings if you are permanently disabled from gainful employment
- Physical pain and emotional distress
A Plainville workers’ compensation attorney can discuss the specifics of how you can pursue a personal injury case while receiving Workers’ Comp benefits.
Deadlines for Workplace Injury Claims in Connecticut
Ideally, you should notify your employer of a workplace injury and file your Form 30C with your employer and the Connecticut Workers’ Compensation Commission as soon as possible following your injury.
However, under Connecticut law, you have one year from the date you suffered a work-related injury, or three years from the date you first showed symptoms of an occupational illness, to file your Form 30C. Failing to timely file your Form 30C may mean ineligibility for workers’ compensation benefits.
Common Workplace Accidents and Injuries in Plainville, CT
At Jainchill & Beckert, LLC, we help workers in Plainville, CT, fight to recover the workers’ comp benefits they’re owed due to common workplace accidents and injuries, including:
- Slip/trip and fall accidents
- Falls from heights, such as roofing accidents, ladder accidents, and scaffolding accidents
- Being struck by falling objects
- Crane accidents
- Forklift accidents
- Fires and explosions
- Crush accidents
- Entanglement accidents
- Toxic exposure
- Motor vehicle accidents
- Workplace violence
- Broken bones
- Repetitive stress and overexertion injuries
- Ligament, tendon, and muscle injuries
- Nerve damage
- Internal injuries and bleeding
- Spinal cord injuries and paralysis
- Traumatic brain injury
- Cancer and other chronic illnesses
Types of Workers Who Are Frequently Injured
Although a workplace injury can occur in any industry, some professionals have a higher risk of on-the-job accidents, including:
- Construction workers
- Agricultural workers
- Factory workers
- Warehouse or distribution center workers
- Truck drivers
- Delivery drivers
- Healthcare workers
- Food service workers
- First responders
Talk to a Plainville Workers’ Compensation Lawyer Now
If you have suffered a work injury or occupational illness, do not put off talking to a workers’ compensation lawyer in Plainville. At Jainchill & Beckert, LLC, we will fight to recover the Workers’ Comp benefits you need and are owed. Contact us today for a free, no-obligation consultation.