(203) 333-3339 
Stamford Workers’ Compensation and OSHA Lawyer: Your Rights after a Workplace Injury
A workplace injury can occur quickly, and once it does, you may find yourself dealing with doctors’ appointments, unpaid medical bills, and a workers’ compensation system that can seem confusing. For over 35 years, Wocl & Leydon has represented injured workers in Stamford and across Connecticut. Whether you suffered an injury during a slip and fall, a piece of machinery malfunctioned, or a condition developed due to years of repetitive tasks, you have rights under Connecticut law and likely have more options than you may realize. We will meet with you without charge and will not collect any fees unless we obtain compensation for you.
Get Your FREE Case Review,
In Person or Virtually Online
Understanding Workers’ Compensation Law in Connecticut
What is workers’ compensation law?
Workers’ compensation law is a “no-fault” insurance program that provides medical expenses and wage replacement to employees who suffer a work-related injury or develop a work-related illness. “No-fault” means that you do not have to prove that your employer was at fault to receive Benefits. However, the system is not always easy to follow. Claims can be denied; disputes arise regarding payment of Benefits; and insurance companies do not always act in good faith. Understanding what you are entitled to is the initial step toward receiving fair compensation.
Benefits available under workers’ compensation law
In addition to medical expense payments, Connecticut workers’ compensation law provides various types of benefits:
- Medical expense payments – this includes reasonable and necessary medical services related to your work-related injury, such as physician office visits, surgeries, physical therapy, and medication.
- Temporary total disability (TTD) benefits – TTD Benefits are paid when you cannot work at all due to your work-related injury. These Benefits are calculated based upon seventy-five percent (75%) of your average weekly gross earnings, up to the state-wide maximum (presently $1,575.00 per week). Temporary total disability Benefits begin immediately following a confirmed diagnosis of a work-related injury.
- Temporary partial disability (TPD) benefits – when you can return to work but earn less money than you earned before the work-related injury, you are eligible to receive TPD benefits. The amount of your TPD benefit equals seventy-five percent (75%) of the difference between your pre-work-related injury earnings and your present earnings.
- Permanent partial disability (PPD) benefits – PPD benefits are awarded when you sustain a permanent impairment resulting from your work-related injury. Your entitlement to PPD Benefits continues even after you reach maximum medical improvement.
- Vocational rehabilitation – if your work-related injury renders you unable to perform the duties of your previous occupation, Vocational rehabilitation Benefits may be available to assist you in obtaining training for a new occupation.
Work-related Traumatic Injuries vs. Work-related Occupational Diseases
There are two general categories of work-related harm covered by workers’ compensation law:
- Work-related traumatic Injuries occur when an employee suffers an injury as a direct result of an event occurring at their place of employment. Examples include a slip and fall, an overexertion lifting heavy objects, a machine malfunction, or a fall from heights. Traumatic Injuries are those most often thought of when considering a workplace accident.
- Work-related occupational diseases occur as a result of repeated exposure to hazardous conditions at work. Examples include carpal tunnel syndrome resulting from repetitive motion of hands, strain to the back and/or neck as a result of performing physically demanding occupations for extended periods, respiratory problems caused by inhaling chemicals, and hearing loss resulting from prolonged exposure to loud noises. Filing a claim for a work-related occupational disease can sometimes be difficult, but these claims are legitimate.
Eligibility for workers’ compensation Benefits
Many full-time and part-time employees, as well as some temporary and contract workers, may be eligible for workers’ compensation benefits in Connecticut. The eligibility criteria may vary depending upon the nature of your working relationship with your employer; therefore, it is recommended that you consult with an attorney prior to assuming that you do not qualify for workers’ compensation benefits.
Steps involved in filing a workers’ compensation claim
Reporting your workplace injury
Notify your supervisor as soon as possible following your workplace injury. Document the time, location, and manner in which the injury occurred. Delays in reporting your workplace injury are among the top reasons why claims are denied, and provide your employer’s insurance company with potential grounds for denying your claim.
Obtain medical treatment
You should seek immediate medical treatment following your workplace injury. Provide detailed information regarding the events surrounding your injury and where you sustained the injury to your treating health care provider. Accurate documentation of your workplace injury and subsequent medical treatment is essential to establishing the legitimacy of your workers’ compensation claim. Gaps in your treatment record or vague explanations of your workplace injury may be used against you in determining the validity of your claim.
Completing form 30C
To formally initiate your workers’ compensation claim, you will need to complete Form 30C and submit it to the Connecticut Workers’ Compensation Commission. Depending upon the type of injury you have sustained, either traumatic or occupational disease, there may be varying timelines within which you must file. As a general rule, Traumatic Injuries must be reported within one (1) year from the date of injury. Occupational disease Claims must be initiated within three (3) years from the date that the disease became apparent. Failure to report or file within the established time frames may render you ineligible for any workers’ compensation benefits.
Your insurer’s review process
Following submission of Form 30C by your employer, their insurance company has twenty-eight (28) days to determine whether to accept or reject your claim. Within this twenty-eight (28) day period, they may review your medical records, schedule an independent medical evaluation of their choice, or conduct an investigation into the circumstances surrounding your workplace injury. Having an experienced attorney represent you from the outset will help prevent this process from being utilized against you.
Common Reasons why Claims are denied and how we can assist
There are numerous reasons why workers’ compensation claims are denied. Some examples include delayed reporting, inadequate documentation, disagreement over whether the injury occurred at work, and/or assertions made by the employer that the condition existed prior to the claimed onset date. At Wocl & Leydon, we assist our clients in building strong evidence-based Claims from inception through appeal of any adverse determinations by the insurer.
Workers’ compensation laws provide coverage for medical costs and wage losses associated with industrial machinery malfunctions. However, workers’ compensation laws do not allow for recovery for non-economic damages such as pain and suffering or for loss of future earnings. Therefore, third-party liability claims are critical. Where the industrial machinery malfunction results from defects in design, manufacture, or maintenance, or the failure of others to perform their responsibilities in accordance with applicable regulations, etc., you may have viable third-party claims against multiple entities responsible for your injuries. These claims can potentially recover all or portions of the above-referenced non-economic damages.