June 29, 2017

Legal News You Can Use: Workers’ Compensation: How it Works

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The day begins like almost any other. You arrive at the workplace, spend a few moments interacting with your co-workers and begin the daily task. Maybe it’s a job that you’ve done a thousand times, or perhaps the demands of that day result in your performing an assignment for the first time. And then “it” happens ~ you feel a twinge in your back or shoulder; there is an ache in your hands that doesn’t subside; or there is an exposure to a substance that is foreign to you. What do you do then?

The origin of Workers’ Compensation
 in Connecticut dates over a century, the original Act becoming part of the Law in 1913. As the result of a “Contract of Employment” (whether written or implicit) with the employer, he/she/the business will cover medical benefits and lost wages for an employee who suffers an injury out of and in the course and scope of their employment. There are, essentially, three different types of injuries covered in Workers’ Compensation. They are:

(1) Accidental injuries. These are injuries that can be located in time and space; e.g., the lifting of heavy equipment, which results in an Employee screaming in pain.

(2) Repetitive trauma injuries. These are claims that arise not from one injurious situation, but are cumulative over time. Examples would include repetitive computer work with one’s hands, or kneeling on steel every day for years.

(3) Occupational disease/exposure. These injuries are those where there is a clear link between the workplace and substances to which the individual is exposed; e.g., asbestos in a shipyard; a dental hygienist contracting Hepatitis.

When an employee has sustained, or has reason to believe they have sustained, an injury related to their employment, what are the next steps?

(1) Report the injury. In accidental injuries and repetitive trauma claims, there is a one year Statute of Limitations for reporting of the injury. In Occupational Disease claims, the general rule is that the injury needs to 
be reported within three years of when the employee knew, or should have known, of the connection between the occupational exposures and the medical condition alleged.

The better approach is to report the injury to your employer at the first opportunity, or when you have reason to believe there is a connection between work activities and your injury. Employers and insurance carriers become increasingly skeptical about the validity of an injury claim when there is a delay in reporting an injury.

(2) Obtain medical treatment. Any significant injury requires treatment from a medical provider. Even if you have to use your own insurance at an initial appointment, treatment and opinions on causal connection should be obtained. Insurance companies can sort out the issues at a later date. Again, employers and insurance carriers are more likely to be skeptical about an injury if there is a significant delay in obtaining medical treatment.

(3) File notice of the injury. In Connecticut, the Form 30-C is the vehicle to place employers and their carriers on notice that an individual has suffered an injury or illness related to their employment. The Form 30-C should be sent via Certified Mail and is the ultimate protection for an injured worker. Also, note that Connecticut General Statutes Section 31-290a protects the injured worker from retaliatory actions or discrimination by an employer for asserting their rights to Workers’ Compensation benefits.

Now that the claim has been properly filed, what benefits are obtainable for the injured worker? Clearly, medical treatment is paid for by the employer or insurance carrier with no deductible for the injured worker. Other “indemnity” benefits may also be appropriate, including:

(1) Temporary total disability benefits. If an injury results in lost time from work, a weekly (or bi-weekly) monetary payment, based upon earnings in the preceding 52 weeks, is payable to the injured worker until they are able to return to their job, or some other work within their restrictions.

(2) Permanent partial disability benefits.  
If an injury results in permanent impairment to a body part; e.g., following a surgery, the injured worker is entitled to obtain a “rating” for their loss of use from their Attending Physician. Additional benefits
 are payable pursuant to Connecticut General Statutes Section 31-308b. In certain, specified situations, an injured worker may also be entitled to a disfigurement award, depending on the site of the injury.

(3) Wage loss benefits. If, as the result of
 a work-related injury, the injured worker is capable of work, but cannot perform the same job and there is a resulting loss of income, the injured worker is eligible for a period of wage loss. This, too, is controlled by the Connecticut General Statutes, and appears at Connecticut General Statutes Section 31-308a.

(4) Death benefits. Where an injury results in the death of the injured worker, benefits are payable to the surviving spouse and/or other dependents of the decedent.

Being pro-active in reporting an injury and obtaining medical care will be beneficial to any injured worker.

This article represents an overview of the Workers’ Compensation System. While the System was designed to be user-friendly, complexities often arise which may dictate hiring a Lawyer.

Attorney James P. Berryman

Attorney James P. Berryman

About the author: Jay Berryman is a Director at Suisman Shapiro Attorneys at Law in New London, CT, the largest law firm in eastern Connecticut. He concentrates in Workers’ Compensation Law and Social Security Disability claims. Attorney Berryman was named by “Bench- mark Plaintiff” magazine as a Local Litigation Star, and his department at Suisman Shapiro was selected by the 2013-15 editions of U.S. News – Best Lawyers® “Best Law Firms” among all law firms in Connecticut for Workers’ Compensation – Claimants.

For more information, visit www.suismanshapiro.com or call (860) 442-4416. Suisman Shapiro is located at 2 Union Plaza, P.O. Box 1591, New London, CT 06320.

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