What Is a Worker’s Compensation Claim?
Workers’ compensation is a type of insurance that provides benefits to employees who suffer a job-related injury or illness. A workers’ compensation claim is a request for those benefits.
If you are an injured construction worker, you may not need an attorney to file a workers’ compensation claim—but consulting an attorney can help ensure you understand all your legal options. A skilled Connecticut personal injury lawyer can help you recover maximum benefits and determine whether you are also eligible to file a third-party personal injury claim or wrongful death lawsuit.
Reasons Why a Construction Worker May Need To File a Workers’ Compensation Claim
Many construction sites have strict safety protocols and oversight from OSHA. However, carelessness by workers or employers can still lead to accidents. Visitors may also neglect safety precautions, risking trips over uneven ground or being struck by falling objects.
No matter the cause, construction accident injuries are often severe and sometimes fatal.
Common Causes of Construction Accidents
According to the U.S. Bureau of Labor Statistics, the most common construction accident in 2020 involved contact between a person and a piece of equipment or another object. These types of accidents can include:
- Caught-in/between incidents, such as entrapment in machinery
- Struck-by accidents, including falling or flying objects
- Crush injuries from shifting or stationary equipment
Other common construction accidents include:
- Scaffolding accidents or falling from a height
- Slip and fall or trip and fall accidents
- Defective or malfunctioning equipment or tools
- Structural collapses
- Explosions and fires
Steps to Take After a Construction Accident
Construction site accidents can have life-changing consequences. If you are hurt, take the following steps to protect your health and legal rights:
- Seek Immediate Medical Attention: If the situation is severe or life-threatening, call 911.
- Report the Incident: Report the incident to your employer and supervisor. Provide as much information about the accident as you can. Submit an accident report and make sure to get a copy of that report for your files.
- Document the Accident and Collect Information: Photograph the scene of the accident, using different angles and perspectives to ensure it is documented thoroughly. Making a video recording of the scene may also be helpful. Keep copies of all medical documents related to the injuries and illnesses you suffered as a result of the accident. Get copies of any incident or accident reports that were made.
- Consult with a Workers’ Compensation Lawyer: You may want to speak with a lawyer before filing your workers’ compensation claim to ensure you are doing the most for your case.
File the Workers’ Compensation Claim: Remember that an “accident report” is not a workers’ compensation claim.
How to File A Workers’ Compensation Claim & Who Is Eligible?
Connecticut’s workers’ compensation system applies to nearly all employees—including minors, part-time workers, and non-citizens—regardless of occupation, employer size, or duration of employment.
To file a claim, injured workers must submit the appropriate paperwork to the Connecticut Workers’ Compensation Commission. Official claim forms are available on the agency’s website and must be completed accurately to preserve your rights.
How Long Do I Have to File My Workers’ Compensation Claim?
In Connecticut, you have one year from the date of your injury or three years from the onset of symptoms related to an occupational disease to file a workers’ compensation claim. However, it’s strongly recommended to submit your claim as soon as possible.
The Connecticut Workers’ Compensation Commission emphasizes that delays in reporting your injury to your employer increase the likelihood of disputes against your claim. If an Administrative Law Judge finds that your delay adversely affected your employer, it may lead to a reduction in your benefits. Being prompt and proactive is key to protecting your rights and ensuring you receive the appropriate support.
Can a Workers’ Compensation Claim Be Denied?
If your claim is denied, the Workers’ Compensation Act provides for several types of hearings to resolve disputes and other matters. Aside from disputes, a hearing can be held for requesting discretionary “308a” wage differential benefits or to have a scar or disfigurement evaluation.
What Benefits are Available for Workers’ Compensation in Connecticut?
Workers’ compensation benefits can include payments for medical treatments and expenses, and compensation for lost earnings.
Permanent Partial (Specific Indemnity)
This benefit provides compensation for the permanent loss of a body part or function.
Wage Differential Benefit
This is paid when an employee earns less because of a partial disability.
Medical
Employers are required to cover all necessary medical and rehabilitative services for an injured employee. This can include prosthetic devices and artificial aids.
Total Disability
This is a wage replacement benefit that pays 75% of the claimant’s average weekly net wage for 52 weeks.
Scarring and Disfigurement
This benefit is compensation for permanent and significant scars from injury or related surgery on the employee’s head, face, neck, or any part of the body that may affect employability.
Death
This is a wage replacement benefit paid to the employee’s beneficiaries. It includes a $4,000 burial allowance.
How Long Do Workers’ Compensation Benefits Last?
Workers’ compensation benefits vary depending on the severity of the injury or illness and whether it is temporary or permanent. For example:
- Death benefits continue for the spouse’s lifetime or until remarriage. For children, benefits last until age 18—or 22 if the child is in school. Permanently disabled children may receive lifetime benefits.
- Permanent injury benefits for scarring or loss of function are typically paid as a one-time lump sum.
- Medical benefits remain available for as long as treatment is necessary.
A skilled attorney can help ensure that the full extent of your benefits is pursued under Connecticut law.
Workers’ Compensation Claim vs Personal Injury Claims: What to File?
When working with a reputable firm like Kennedy Johnson, a skilled work injury attorney can review all of your options and help you determine which type of claim to file.
In certain situations, a workers’ compensation claim may not completely meet your needs. While it’s true that you generally cannot sue an employer with workers’ compensation coverage, you may be entitled to pursue a personal injury claim against third parties that contributed to your injuries, including product manufacturers, property owners, and contractors.
Why Should I Hire A Workers' Compensation Lawyer?
When you have a dedicated workplace injury lawyer by your side, you can confidently focus on your treatment and healing while they take care of your legal matters. A workers’ compensation attorney can:
- Investigate your accident and determine if a third-party claim is possible
- Collect and preserve key evidence
- Review medical records to ensure all injuries are accounted for
- Work with medical and financial experts to assess long-term impact
- Handle all legal filings, negotiations, and trial preparation if needed
How Much Does It Cost to Hire a Workers' Compensation Attorney in Connecticut?
At Kennedy Johnson, our attorneys work on a contingency fee basis. You pay nothing upfront, and there is no financial risk to speaking with our team during a free initial consultation. We only get paid if we recover compensation for you.
Why Choose Kennedy, Johnson, Schwab & Roberge, P.C.for your Workers’ Compensation Claim?
Since 1988, we have proudly championed the rights of accident victims in their work injury cases, consistently demonstrating our ability to achieve outstanding results.
Our experienced workplace injury lawyers use a team-focused approach to level the playing field and hold the insurance provider accountable to pay the full benefits you deserve. We focus on providing personalized attention to every client. You can always reach us with questions about your case, and we will keep you updated on any new developments.
We take professional pride in the successful case results we have been able to achieve on behalf of our clients. Some of our notable settlements include:
$8.75M
Wrongful death as a result of Workplace Accident
Workplace Injuries
$4M
Death of a Construction Worker Killed in an Industrial Accident
Construction Accidents
$2M
Death of a 38 year old male, involving workers’ compensation claim and negligence of elderly driver.
Workplace Injuries
$500K
Severe injuries sustained by construction worker who fell from a height while working at a private home.
Workplace Injuries
Kennedy, Johnson, Schwab & Roberge, P.C. Your Connecticut Workers Compensation Attorney
If you or a loved one has been injured on the job, reach out to us today at 203-354-4559 or complete our online contact form to schedule your free consultation with a knowledgeable work injury attorney.
Workers’ Compensation Construction Accident Claim FAQS
Will I Lose My Job If I File a Workers’ Compensation Claim?
Connecticut law protects employees from being fired or discriminated against for filing a workers’ compensation claim. Under Section 31-290a of the Workers’ Compensation Act, if your employer retaliates against you, you can file a complaint with the Workers’ Compensation Commission or lodge a civil action. Should a judge find that you were discriminated against or wrongfully fired, you may be awarded job reinstatement, payment of back wages, and more.
What if the Workplace Accident Was My Fault?
In Connecticut, workers’ compensation is a no-fault system, meaning you are eligible for benefits regardless of who caused the accident. As long as your injury occurred in the course of your employment, you should qualify for coverage.
What is the Statute of Limitations for Connecticut Workers’ Compensation Claims?
In Connecticut, you have one year from the date of your injury or three years from the onset of symptoms related to an occupational disease to file a workers’ compensation claim.
How Much Can A Workers' Compensation Attorney Help Me Recover?
Your settlement will depend on how serious your injuries are and whether your construction injury attorney will be seeking punitive damages. Each case is unique, but trust the team at Kennedy, Johnson, Schwab & Roberge P.C. to fight for the largest settlement on your behalf.