Understanding Workplace Injury Claims in Connecticut
State laws determine what benefits you can receive and whether you can file a lawsuit after being injured at work. Most cases in Connecticut go through workers’ compensation, but the details of your injury can affect what options you have. In some situations, you may have the right to bring a separate claim outside the workers’ comp system.
What Is Workers’ Compensation?
Connecticut law requires nearly all employers to carry workers’ compensation insurance for their employees. Workers’ compensation is an insurance system that provides benefits to employees who are injured or become ill while performing their job duties. It’s designed to help employees get timely financial support for their losses while also protecting employers from injury-related lawsuits.
What Is Covered Under Workers’ Compensation?
Workers’ comp covers many of the losses an employee suffers due to a work-related injury or illness. These may include:
- Medical expenses
- Partial wage replacement
- Disability
- Job retraining
- Disfigurement or scarring
Can You Sue Your Employer After a Workplace Injury in Connecticut?
In most cases, you cannot sue your employer for an injury on the job if they carry workers’ compensation coverage. This is true even if your employer’s negligence caused your injuries. However, there are limited exceptions, such as cases involving intentional harm by an employer.
Even if you cannot sue your employer, you may still have the right to file a separate personal injury lawsuit against a third party that contributed to your workplace injury. Known as a third-party liability claim, this type of legal action allows you to seek compensation beyond what workers’ compensation provides.
Who Can Be Held Responsible in a Third-Party Liability Claim?
Other than your employer, any person or organization whose negligence led to your injury may be liable for your damages. Examples include:
- Product manufacturers of defective machinery or equipment
- Property owners who neglect repairs or fail to address known hazards
- Contractors or subcontractors who create or overlook unsafe working conditions
- Negligent drivers who cause work-related vehicle accidents
- Service providers that contribute to faulty maintenance or repairs
Can I Sue My Employer for Intentional Misconduct?
While workers’ compensation usually prevents employees from suing their employers, Connecticut law makes an exception when an employer’s actions are intentional. This means their conduct made it highly probable that their employee would be injured.
If your employer deliberately caused you harm or knowingly created a dangerous environment, you may have grounds to file a workplace injury lawsuit outside of workers’ compensation. Examples of intentional harm include:
- Physical assault, such as shoving an employee to intimidate them
- Deliberately removing safety protections to speed up production despite knowing the risks
- Forcing employees to handle hazardous chemicals without proper protective gear to cut costs
Can I Sue My Employer Under the Dual Capacity Doctrine in Connecticut?
The dual capacity doctrine is a legal principle that may allow an employee to sue their employer if they acted in a role separate from being the employer. For example, this issue may arise if the employer also manufactured a defective product that caused the injury.
In some states, dual capacity can create an exception to the workers’ compensation system and serve as grounds for a personal injury lawsuit between an employee and their employer. However, Connecticut does not recognize the dual capacity doctrine.
State courts and the Workers’ Compensation Act have consistently ruled that workers’ compensation is an exclusive remedy for workplace injuries. This means employees usually cannot file dual capacity claims against their employers.
What Compensation Is Available Beyond Workers’ Compensation?
Workers’ comp generally covers medical expenses and part of your lost wages after a work-related injury. A personal injury lawsuit may allow you to pursue additional damages, such as the full value of your lost wages and future earning capacity. Non-economic damages may also be available, including pain and suffering, emotional distress, and loss of enjoyment of life.
Some personal injury cases also qualify for punitive damages when the at-fault party’s conduct was particularly reckless. If the injury results in death, surviving family members may also file a wrongful death lawsuit to recover compensation for funeral expenses, lost companionship, and more.
Why Hiring an Experienced Workplace Injury Lawyer Like Kennedy, Johnson, Schwab & Roberge, P.C. Matters
Our firm has represented injured workers and their loved ones for over 35 years. We’ve secured substantial recoveries for valued clients throughout Connecticut, helping them access the resources they need to move forward.
Other attorneys routinely refer clients to us because they know we have what it takes to deliver results. From our law offices in New Haven, Stamford, Norwalk, and West Hartford, we take a personalized team approach to every case. When you choose us, you’ll gain the support and insight of a group of skilled workers’ compensation attorneys who are dedicated to helping you rebuild your life.
Kennedy Johnson’s Proven Track Record of Results
We’ve recovered numerous six and seven-figure settlements and verdicts for people who’ve suffered harm at work. These include an $8.75 million wrongful death award for a workplace accident victim’s loved ones. In another case, our team recovered $4 million for the family of a construction worker who was killed in an industrial accident.
Clients consistently praise our Connecticut personal injury lawyers for the level of support we provide during challenging times. Their testimonials reflect the trust we’ve earned and our reputation as aggressive and knowledgeable advocates in workplace accident cases:
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
Many factors influence whether you can sue your employer after a workplace injury. Our attorneys can review your case, explain your options, and guide you through your next steps.
You’re dealing with enough stress after being injured at work. Let us handle the legal details while you focus on your health. Call 203-865-8430 or complete our online contact form to start moving forward with a free consultation.