Workers’ Compensation Lawsuit: What To Know Before Filing

Filing a workers' compensation lawsuit is the logical next step if you've suffered a work-related injury or illness. But before you do, read this guide for the best chance of you and your family getting fair compensation.

Workers' Compensation Lawsuits in Connecticut 101

Here is everything you need to know about filing a workers' compensation lawsuit in Connecticut, including the benefits you can receive, eligibility criteria, and more.

Overview of Connecticut Workers' Compensation Laws

Businesses with one or more employees are required to carry workers' compensation insurance under Connecticut's Workers' Compensation Act. When part-time or full-time workers are hurt or unwell due to their jobs, this coverage ensures they are compensated for their lost wages and medical costs. 

The Connecticut Workers' Compensation Commission oversees case closures through settlements, conducts appeals, resolves disputes, and enables voluntary agreements in the workers' compensation system. Employees must notify their employer as soon as they get ill or injured, starting the claims procedure. 

The law provides various benefits, including pay replacement, protection against occupational diseases, burial expenses, ongoing care costs, disability benefits, and reimbursement for travel fees to medical visits.

Key Benefits and Protections Provided by Workers' Compensation

Businesses in Connecticut are required by law to have workers' compensation insurance, which offers significant benefits and safeguards to employees in the event of accidents or illnesses at work. This insurance provides wage replacement to help employees who must miss work owing to such situations, easing the incapacitated employee's financial burden. 

This insurance also pays for medical costs like prescriptions, treatments, and therapy, guaranteeing that injured workers receive the attention they need without financial worry. The statute also shields employers from any claims brought by staff members who become ill or injured at work.

Connecticut's workers' compensation coverage extends to various situations, including accidents, injuries, illnesses caused by workplace exposures, and repetitive stress injuries. It also provides additional compensation benefits based on the severity of the condition, such as disability benefits, job retraining, and relapse or recurrence benefits.

Eligibility Criteria for Workers' Compensation Claims in Connecticut

Employees must adhere to particular protocols and regulations to be eligible for workers' comp claims in Connecticut. As previously noted, employees must notify their employer immediately of any work-related illnesses or injuries. A supervisor can make the report on an employee's behalf if they cannot do so themselves. However, a worker should not rely upon their employer to protect their rights. An injured worker has one year from the date of injury to formally file a Workers’ Compensation claim with the local Commission, and an attorney who is experienced in this area of the law can help with filing a claim on the workers’ behalf.  

Employees cannot be refused the opportunity to file a claim, and an employee cannot be discriminated against should they decide to pursue a claim for compensation under the Workers Compensation Act. Sometimes, a Third Party Administrator (TPA) establishes compensability and causation based on the data provided during the claim reporting procedure.

In the event of a disputed Workers’ Compensation claim, the TPA approves or contests the claim. If contested, either party (the TPA or employee) can request a hearing with the Workers' Compensation Commission.

The Role of Evidence in Workers' Compensation Lawsuits

Evidence is an essential part of personal injury lawsuits. The following are the types of evidence that can help your case.

Types of Evidence That Can Strengthen Your Claim

Compelling evidence must be gathered and presented in Connecticut to support a workers' compensation claim, including:

• Medical records: It's crucial to keep thorough medical records that include your diagnosis, course of treatment, and prognosis. Reports from healthcare professionals, imaging results, surgical notes, and any other pertinent medical evidence should be included in these records. They offer factual proof of your illness or injury and support the connection between your condition and job duties.
• Witness statements: Statements from individuals who witnessed the incident or knew what circumstances led to your workplace injuries can be helpful evidence. Coworkers, managers, or others present during the incident may qualify as witnesses. They can offer firsthand accounts and provide evidence to support your claim.
• Employment records: Establishing the link between your injuries and your work can be aided by employment records, such as timesheets, work schedules, job descriptions, and written correspondence about your job responsibilities.
• Incident report(s): The circumstances of the accident should be described in detail in the incident report, including the date, time, place, and description of the incident. This report is the incident's official record and can bolster your claim's veracity.
• Expert opinions: Experts can offer insight into the origin and severity of your injury or sickness. Expert witnesses with knowledge and experience in the relevant sector, such as medical specialists or occupational health experts, can offer an unbiased evaluation of your health.

The Importance of Documenting Your Workplace Injury and Medical Treatment

Documenting your workplace injury and medical treatment is crucial for a successful workers' compensation claim in Connecticut. Thorough documentation establishes a clear link between your injury or illness and your job duties, helping to establish causation. 

Promptly reporting the incident to your employer ensures the injury is recorded correctly, preventing disputes about the injury's timing or circumstances. This documentation also plays a significant role in the TPA's compensability determination.

Documenting your medical treatment can help validate the need for ongoing care and support your claim for benefits. Medical records provide objective evidence of your injury or illness and medical care. These records prove the medical expenses incurred and highlight the necessity of continued treatment. 

Using approved network providers recommended by the third-party claims administrator is essential to ensure your medical treatment aligns with the workers' compensation program's requirements, safeguarding your entitlement to benefits.

Understand the Settlement Process in Workers' Compensation Cases

Workers’ Compensation settlements have some benefits, including speedier resolution, outcome certainty, and avoiding the risks and expenses of going to court. 

Understanding the settlement procedure can help you weigh the advantages and disadvantages of settling your case, taking into account the severity of your injuries, your chances of winning at trial, and your urgent financial needs.

How To Seek Legal Representation for a Denied Workers' Compensation Claim

If your workers' compensation claim has been denied, working with an experienced compensation attorney is crucial to protect your rights and navigate the complex legal process. 

The knowledgeable attorneys at Kennedy Johnson Schwab & Roberge specialize in workers' compensation cases. They can provide personalized guidance, assess the merits of your case, gather relevant evidence, and develop a robust legal strategy. 

Contact us to schedule a consultation today.