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Who is eligible for workers’ compensation benefits?

For workers in Fairfield, a common concern is what will happen in the event of workplace injuries that prevent them from being able to work for a period of time. In some instances, these injuries can be catastrophic, sending the worker to the hospital for an extended stay that could cost thousands of dollars. There might be a need for rehabilitative therapy before a person can even hope to return to his job, and even then, returning to work as before may be unlikely if not impossible. These workers will have many questions about what to do next. The State of Connecticut Workers’ Compensation Commission offers information on how to proceed:

Question: What should I do in the event of workplace injuries?

Answer: The Workers’ Compensation Act is in place to give workers treatment, replace their wages and provide various benefits to help workers who either have been hurt or have become ill on the job. Understanding how to move forward with seeking benefits without being frightened of any fallout or negative reaction from the employer is one of the keys to receiving a favorable outcome.

Question: Who is covered for workers’ compensation benefits?

Answer: Almost all employees will receive coverage regardless of the employee’s age, citizenship, status as a full or part-time employee, longevity at the company, or work schedule.

Question: Who pays for the coverage?

Answer: Workers’ compensation is “no fault.” It doesn’t matter whose fault the accident or incident was. Workers’ compensation benefits are meant to cover for the aftermath. This is true even if the workplace injuries were the fault of the worker or are a result of an occupational disease. Once benefits are awarded, the worker will not have to pay for any treatment and rehabilitation out of pocket.

Question: Who determines whether a worker receives benefits if there is a dispute?

Answer: The state uses a system of commissioners to ensure that an evenhanded decision will be made with neither side having an advantage. This means that a hearing will be held for each side to argue their respective positions with respect to workers’ compensation benefits.

Many injuries or illnesses are covered, and workers must be aware of their rights when they are either hurt or sickened as a result of their jobs. A qualified wokers’ compensation attorney can help navigate the numerous questions that will arise in an unfortunate and unexpected circumstance with injuries at work.

Source: State of Connecticut Workers’ Compensation Commission, “Injured at Work: What to do,” Accessed July 28, 2014


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Verdicts & Settlements

36-year-old laborer for landscaping company fractured wrist when fellow employee hit him with truck. Claimant received in excess of $30,000 in workers’ compensation benefits for total disability and medical expenses and settled with automobile insurance company for fellow employee for $95,000.

1989 workers’ compensation claim settled for $125,000. Claimant originally sustained a low back injury when she slipped and fell at local grocery store resulting in low back surgery in 1989. Several years later, claimant exacerbated her low back injury. Claim was reopened and settled with carrier for $125,000 in 2006.

47-year-old deli clerk sustained low back injuries at work for local supermarket. Carrier originally denied claim on the grounds that the injury was pre-existing. After formal workers’ compensation hearing carrier accepted claim and paid all total disability benefits and medical expenses in excess of $100,000. Case then settled for an additional $100,000 after injured person received a permanent disability rating.

34-year-old male roofer sustained multiple injuries to his shoulder, neck, back and hip when he fell from roof during work. Claimant was provided workers’ compensation benefits in excess of $100,000 and settled remaining claims for an additional $55,000.

40-year-old male working for cleaning company sustained neck and low back injuries when he fell on defective staircase while cleaning local museum. Claimant recovered over $95,000 in workers’ compensation benefits and resolved claim against museum for $85,000.

26-year-old laborer sustained fractured foot when a cast iron pipe was dropped on his foot. Employer and workers’ compensation carrier denied claim on basis that injured worker was an independent contractor. After a series of informal and formal workers’ compensation hearings, carrier conceded that claimant was an employee and settled case for $85,000.

24-year-old waitress sustained back injury while working at Outback Steak House. Workers’ compensation insurance company initially denied the claim. After a series of informal hearings, carrier accepted claim paying medical expenses and total disability benefits. In addition to those benefits paid, claim settled for an additional $75,000.

Delivery truck driver sustained right wrist fracture in rear-end motor vehicle accident while in the course of his employment. Claimant recovered in excess of $40,000 in workers’ compensation benefits for medical expenses and total disability benefits. Claimant settled case against at-fault driver for $105,000.

22-year-old male working as stocking clerk at “big box” retailer sustained herniated disc in low back. Workers’ compensation carrier refused to accept the claim. After formal workers’ compensation, hearing commissioner ordered carrier to pay over $35,000 in past total disability benefits and pay for surgery and all related medical expenses. Case settled for an additional $35,000 for a total recovery in excess of $100,000.

Rear-end collision on entrance ramp to Merritt Parkway resulting in 49-year-old woman sustaining mid-back injury. Case settled at mediation after filing suit for $300,000.

28-year-old passenger sustained multiple herniated discs in automobile accident in New York state. New York no-fault carrier paid for extended period of disability from work and medical expenses, including expenses for surgery. Case settled against driver of vehicle for $300,000 policy limits shortly after filing suit.

54-year-old man sustains shoulder injury when hit from behind by uninsured motorist on New Jersey Turnpike. Case settled for $135,000 prior to trial.

CT Transit bus driver sustained torn meniscus in collision with another vehicle. Claims made against at-fault driver, workers’ compensation carrier and client’s underinsured motorist policy. All claims settle for a recovery in excess of $100,000.

68-year-old woman sustained neck and back injuries in rear-end collision and required extended course physical therapy, but was not a surgical candidate. Case settled for $100,000 prior to filing suit.

34-year-old woman sustained concussion and neck and back injuries in hit-and-run accident on a New York highway. Claimant settled uninsured motorist claim for her $100,000 policy limits.

80-year-old woman sustained right foot fracture when her foot was run over in a parking lot. Case settled for at-fault driver’s policy limit of $100,000 prior to filing suit.

38-year-old nanny sustained right femur fracture when she fell down defective stairs in home of her employer’s neighbor. All medical expenses and lost wages reimbursed and case settled for an additional $150,000.

Claim against landlord for defective staircase in multi-family rental house. Claimant sustained a right femur fracture. Case settled for $125,000 prior to filing suit.

$95,000 judgment obtained against bar and nightclub for assault by one of its patrons against another patron.

47-year-old woman sustained a broken left wrist when she fell from porch stairs at house she was renting. Case settled for $95,000 shortly before trial.

26-year-old male bitten on leg by German shepherd. Claim against dog owner settled for $65,000 plus payment of all medical expenses.