Frequently Asked Workers Compensation Questions
Connecticut workers’ compensation is a complex area of law. You are likely to have questions, whether you have already filed a claim, or are preparing to file. In order to help answer some of the most common questions, we have put together the following questions and answers.
Which injuries and illnesses are covered?
Generally, any injury or illness which you suffered as a direct result of your job duties may be covered.
Who is responsible for providing workers’ compensation benefits?
Your employer must provide you with workers’ comp coverage and benefits. Companies usually use an insurance company to provide coverage.
Is it possible to take legal action against my employer or co-worker for contributing to my injury or sickness?
Filing a workers’ compensation claim is considered to be a form of taking legal action. This is why we recommend you speak to a lawyer for assistance. Usually this kind of legal action is sufficient, however exceptional cases may arise.
Who is eligible to receive Connecticut workers’ compensation?
With few exceptions, anyone who has suffered a work related injury or illness while on the job in Connecticut is eligible to apply for workers’ comp.
Is it possible to receive payments if I have been hurt while volunteering?
Certain first responders, such as volunteer firefighters and paramedics, may be able to claim workers’ compensation after being injured while working.
What if I have been hurt while traveling? Would that qualify?
If you were “on the clock” at the time of your injury, you will likely have a case, even if you were driving at the time.
Can I receive payments if I am injured on my lunch break?
In some cases you will not be able to collect workers’ comp if you were injured while on your lunch break. But, there are exceptions. Contact our law office to discuss.
If a previous injury of mine was aggravated on my job, would that qualify?
There are cases in which aggravation of a previous injury will qualify you for benefits. These can be complex cases and are best filed with professional legal help.
If I was working at home at the time of my injury, how would that affect my case?
If you were injured while working from home on the approval of your supervisor or manager, you can file for benefits.
How long do I have to file a claim in Connecticut?
In most cases the statute of limitations to file a claim is one year from the injury or three years from the first manifestation of the illness. There are other narrow exceptions to the one year rule.
Can my claim be denied if I don’t report the injury in time?
If you wait to report your injury this could severely damage your case. Always report your injury or illness immediately.
Can my employer fire me for filing a workers’ compensation claim?
No. It is illegal for your employer to fire you, demote you, or take any other retaliatory action against you as a result of your having filed a workers’ comp claim. If you are fired, demoted, harassed or otherwise miss treated in retaliation for filing a workers’ compensation claim, you may be able to bring a separate action against your employer.
What forms should I sign? What forms should I not sign?
You should contact an attorney in order to receive instruction as to which forms to sign and which not to sign.
What if my employer refuses to file an accident or incident report for my injury?
If your employer refuses to report your work related injury or illness, contact an attorney immediately for assistance.
What should I do if my workers’ compensation claim has been rejected or if I receive a Form 43, Notice of Intent to Contest Claim??
You have the right to appeal your claim the first time it is rejected. However, if you wish to appeal it is best to seek legal help in order to make your case stronger and more likely to succeed.
Is the workers’ compensation insurance company allowed to follow me, take photos, and talk to my neighbors?
The worker’s comp insurance company may investigate your claim. It may talk to people you know, search your social media profile, and even locate you in public and document your condition and actions.
What types of Connecticutworkers’ compensation payments can I receive for a work injury?
There are various types of benefit payments, including compensation for medical expenses, lost wages, disability, loss of limb, disfigurement, and scarring.
How much will I get paid for lost wages?
Your compensation for lost wages will depend on a variety of factors. Contact us for more detail.
Will I lose my benefits if my employer sends me a Form 36, Notice of Intent to Reduce or Discontinue Benefits, saying my workers’ compensation payments should stop?
All are subject to dispute. If you have received Form 36 we can help you craft a reply which will give you a better chance of retaining your benefits than if you were to reply on your own. You have 15 days to object to a Form 36.
Should I accept a lump sum settlement?
There are various pros and cons to accepting a lump sum settlement. Whether or not it is a good idea for you depends on your individual situation. Generally, accepting a lump sum settlement means you forfeit any additional medical or monetary compensation.
How will taking a light-duty job affect my workers’ compensation payments?
Working light duty may cause your payments to decrease.
How do I pay my bills while waiting for my workers’ compensation payments to start?
We recommend seeking assistance from any employer provided programs or benefits, using sick and vacation time, and seeking assistance from your family and community.
What should I do if I am in danger of losing my workers’ compensation payments?
If you are in danger of losing your benefits, contact us immediately for a consultation and evaluation of your case.
How do I know if a request to end my workers’ compensation payments has been filed?
In order to determine if a Form 36 has been filed, you or your attorney should contact the Connecticut Workers’ Compensation Commission.
I feel like I’m being forced back to work. However, I’m just not able to go back yet. Am I going to lose my workers’ compensation insurance coverage if I don’t return?
If you have been ordered back to work, the only way to refuse to comply and keep your benefits is to have the order rescinded or overturned. This could be as a result of a negotiated settlement or an order of the Commissioner. Either way, we can help you evaluate your options and fight the order to return to work if you are not ready.
Do I need to see a company doctor for medical treatment of a work-related injury?
If your company has designated a physician you must visit him or her after your injury first. Then you can choose to transfer to any Connecticut licensed doctor of your choice.
What if my company physician releases me to return to work but my own health practitioner disagrees?
If there is a disagreement between your physician and that of the company, you will need to seek a compromise or consensus. If neither of these can be reached your case may need to be decided by the Commissioner who may choose an independent physician to help decide the issue.
Am I going to be refunded for travel charges related to medical treatment for my work injuries?
Certain treatment related travel can be reimbursed. You should always document your mileage and retain any relevant parking or toll receipts in order to submit them for reimbursement.
At the Law Offices of Andrew J. Cates, LLC, we have helped many people successfully negotiate tricky workers’ comp cases. We would like to do the same for you. The first step is for you to speak about your case with one of our knowledgeable attorneys. Call now toll free at (800) 330-4988 or (860) 522-7044, or contact us online for a no-cost, no-obligation phone consultation.