Understanding Your Rights After a Worksite Injury in Connecticut
You may have the right to file a lawsuit for an injury from an unsafe worksite in Connecticut. Your legal options depend on what or who caused your injury.
Workers in construction, manufacturing, transportation, and other industries often face serious hazards on the job. These dangers include falls from faulty scaffolding, heavy machinery accidents, toxic substance exposure, or injuries from defective equipment.
Many employees assume workers’ compensation is their only option after a workplace injury. In reality, you may also have the right to file a personal injury lawsuit in certain situations. Knowing your rights can help you seek the full compensation you deserve.
What Is the Difference Between a Personal Injury Lawsuit and Workers’ Compensation?
Connecticut law requires most employers to carry workers’ compensation insurance. Workers’ comp pays for certain losses related to an on-the-job injury, but it limits your ability to sue your employer for negligence.
A personal injury lawsuit pays for more extensive damages than workers’ comp, such as pain and suffering and the full value of your lost income. To win a lawsuit, you must prove that another party’s negligence or intentional act caused your injury.
When Does Workers’ Compensation Apply?
Workers’ compensation provides benefits when you suffer an injury or illness arising out of and in the course of your employment. These benefits apply in most workplace accidents, regardless of who was at fault. The workers’ comp system provides:
- Medical expenses: You may qualify for coverage for doctor visits, hospitalizations, surgeries, medications, rehabilitation, and other medical needs.
- Wage replacement: You may recover partial payment for the income you lost while unable to work.
- Disability benefits: You may seek compensation for temporary or permanent disabilities caused by your injury.
- No need to prove negligence: You may be eligible for benefits even if the accident was not your employer’s fault.
- Exclusive remedy: In most cases, workers’ comp is your only option for pursuing compensation after a workplace injury.
When Is a Personal Injury Lawsuit Possible?
While workers’ comp is the main remedy for most job-related injuries, certain situations also allow you to file a personal injury lawsuit:
- A third party caused your injury: This may be an option if a contractor, subcontractor, or vendor created unsafe conditions on the worksite.
- The property owner’s negligence contributed to the incident: If the property owner neglected hazards at the worksite, that may also be grounds for a third-party lawsuit.
- Defective products played a role: You may file a lawsuit against the manufacturer or distributor of unsafe products that might have contributed to your injury.
- Your employer engaged in intentional misconduct: If your employer deliberately harmed you or knowingly created an environment that would likely cause harm, you may have the right to bypass workers’ comp and sue them directly.
Can I Sue My Employer for an Unsafe Worksite in Connecticut?
In most cases, Connecticut law prevents employees from suing their employer directly for negligence, even if unsafe conditions caused the injury. However, exceptions exist.
Can I Sue My Employer for Intentional Misconduct?
If your employer’s conduct made it highly likely that you would be injured, you may have the right to file a workplace injury lawsuit outside of workers’ comp. This exception applies when an employer deliberately causes harm or knowingly creates dangerous conditions. Examples of intentional harm include:
- Physical assault: An employer shoves or strikes an employee to intimidate them.
- Removing safety protections: An employer takes away safety measures to increase productivity despite knowing the risks.
- Unsafe chemical exposure: An employer forces employees to handle toxic substances without protective gear to save money.
Can My Employer Be Held Responsible for a Third-Party Liability Claim?
If someone other than your employer contributed to your injury, you may have the right to file a personal injury lawsuit against them. Workers’ comp may still cover your injury, and a lawsuit may allow you to recover additional compensation for any losses workers’ comp doesn’t cover.
Examples of third parties that may be liable for your injury include:
- Manufacturers or distributors of unsafe machinery, equipment, tools, or safety gear
- Property owners who fail to maintain a safe worksite or ignore complaints of hazards
- Contractors or subcontractors who create dangerous working conditions
- A negligent driver who causes a crash while you’re working
- A supplier of dangerous chemicals that fails to provide proper warnings for safe handling
Common FAQs on Workplace Injuries
Get your questions answered by our workplace injury law firm below.
How Long Do I Have to File a Work Injury Lawsuit in Connecticut?
For workers’ compensation, you must file a notice of claim within one year of the injury or three years of the first symptoms of a work-related illness. For a personal injury lawsuit, Connecticut law gives you two years from the date of the injury to file.
Are There Exceptions to the Statute of Limitations in Connecticut?
There are minimal exceptions to Connecticut’s filing deadlines. The main exception is the discovery rule: you have two years from the date you discovered, or reasonably should have discovered, your injury to file a claim. However, you cannot file a personal injury claim more than three years from the date of the injury, no matter when you make the discovery.
What Compensation Is Available in a Worksite Injury Lawsuit?
Unlike workers’ comp, a lawsuit may cover the full range of your losses. This includes past and future medical expenses, lost wages, lost earning capacity, physical pain, emotional distress, and loss of enjoyment of life.
Can I Sue for a Work Injury After Settling a Workers’ Compensation Claim?
After you settle a workers’ comp claim, you usually lose the right to sue your employer for the same injury. However, it may still be possible to file a third-party personal injury lawsuit.
What Is the Difference Between a Workers' Comp Claim and a Personal Injury Claim?
Workers’ compensation provides limited benefits without requiring proof of fault while protecting your employer from most lawsuits. Personal injury claims require you to prove that someone else’s negligence contributed to the injury, but allow recovery for more types of damages.
How Much Does It Cost to Hire a Personal Injury Lawyer?
You pay nothing up front to hire our personal injury lawyers. We work on a contingency fee basis, meaning our fee is a percentage of your settlement or verdict. We only collect a fee if we recover compensation for you.
What Should I Do if I Am Facing Unsafe Working Conditions?
Report the hazard in writing to your employer immediately, and gather evidence documenting your concerns. You can also file a complaint with the Connecticut Department of Labor’s Division of Occupational Safety and Health.
Why Hiring an Experienced Workplace Injury Lawyer Like Kennedy, Johnson, Schwab & Roberge, P.C. Matters
For more than 35 years, our attorneys have represented injured workers and their families across Connecticut. We’ve secured many significant recoveries, allowing our clients to access the resources they need to find stability and move forward after serious workplace injuries.
Other law firms frequently refer complex cases to us because they trust our ability to deliver meaningful results. From our offices in New Haven, Stamford, Norwalk, and West Hartford, we bring a team-based approach to every case. When you choose us to help you with your workplace injury claim, you’ll gain the support of a dedicated team of lawyers who understand the challenges you face and won’t back down against the insurer’s efforts to limit your recovery.
Kennedy Johnson’s Proven Track Record of Results
Our results include six and seven-figure settlements and verdicts in work injury cases, including $8.75 million for the loved ones of a worker who lost their life on the job. We also secured $4 million for the family of a construction worker killed in an industrial accident.
The numbers tell only part of the story. Our client testimonials show that while we fight tirelessly for maximum compensation, we also remain focused on the people behind the case and the challenges they face:
I had the privilege of being represented by Mr. John Kennedy. He was someone I could trust to be honest and walk me through a difficult time. Taylor, his paralegal, took the time to explain each circumstance that came about. I appreciate the work that was done by Mr. Kennedy and Mr. Nelligan. I would recommend Attorney John Kennedy because of his integrity and genuine concern he showed to me. My experience with them was something I will never forget and will always be thankful for.
Shannon E.
Remarkable law firm! Attorney John Kennedy and his staff were professional and welcoming. If you need a lawyer, stop looking, you’ve found one of the best! He never stopped fighting for me as if though it was personal to him too! He’s straight forward with everything and definitely didn’t disappoint me with an outcome greater than I expected! If I were an attorney in need of a lawyer, this is the man I’d want in my corner time and time again, without a doubt!
Sophie A.
Handled my case with amazing expertise from start to finish. I took their advice at every turn and the end result was nothing less of exceptional. Very professional, nice office space and their Long Wharf location validates parking.
Nate H.
Contact Our Workplace Injury Attorneys Today at Kennedy Johnson
If you were hurt at work in Connecticut, you may have more options for compensation than you realize. Depending on the circumstances, it may be possible to file a lawsuit for an injury from an unsafe worksite.
Our firm is here to help you understand your rights and pursue the compensation you deserve. Call 203-865-8430 or complete our online contact form to get started with a free consultation.