A health care company compiled state-by-state injury trends
Having your workers' compensation claim denied is stressful and can put you in a really tough spot. Medical bills are piling up, you've lost wages from not being able to work and you're in desperate need of compensation. When a claim is denied, typically you'll receive a letter detailing the reason why. If you believe the ruling was unfair or made in error, you have the opportunity to appeal the denial.
In a prior post we warned about the potential dangers of post-clean up accidents and injuries. Government employees as well as private companies responsible for removing trees and debris after Hurricane Sandy are facing unpredictable elements and hidden dangers. In addition to dangerous tools or falls, many workers could be endangered by unstable structures. In a tragic work-related accident last week, a Connecticut employee was killed while trying to cut down in Middlebury.
Workers' compensation claims are intended to give workers quick resolution when they are injured while in the course of performing work-related duties. It is not necessary to prove negligence, only that the injury was work-related. Claims can get complicated, especially when insurance companies and employers contest an injury as a "work-related." Last week, a former NFL player won a workers' comp case involving an injury he suffered while warming up for a preseason game.
An effort to create a state-sponsored, non-profit fund for workers' compensation insurance has failed in Connecticut. The bill would have shifted from a private workers' comp insurance marketplace to a state-sponsored fund for businesses denied or unable to procure the required insurance through private companies.
In the case of D'Amico v. ACE Financial Solutions, the Appellate Court of Connecticut recently further clarified scope of the workers' compensation exclusive remedy doctrine. The exclusive remedy doctrine, at its most basic, says that an employee gives up his right to sue his employer in exchange for specific benefits, such as medical treatment for job-related injuries.