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What should I expect of my employer in a workers' comp case?

When a Connecticut worker has been injured on the job, uncertainty is often part of the picture. He or she may not know exactly what the future holds in terms of how he or she will recover physically, or when they will be able to return to work. Therefore, it can often be helpful for a worker to know what to expect from his or her employer after a worker files a workers' compensation claim.

When an employee is injured at work and files a Notice of Claim for Compensation, the employer must provide the injured employee with initial medical care. They are also required to file an accident report, also known as a "First Report of Injury" form.

For an employee who seeks continued medical care and is unable to return to work, an employer will provide a wage statement to the appropriate insurer, who in turn provides for payment of Temporary Total Disability benefits when it is confirmed that a worker has a total incapacity to return to work. The employer or insurer must pay the necessary medical bills.

When an employee's medical condition improves and he or she becomes able to do some light or restricted work, the employer or insurer will send a Discontinuation Notice to the Workers' Compensation Commission, as well as to the injured employee, providing notification of the discontinuation of Temporary Total Disability payments. Payment of Temporary Partial Disability benefits may begin, and the employer or insurer should continue to pay the injured worker's medical bills.

If an injured worker reaches maximum medical improvement, it may become necessary for an employer or insurer to pay Permanent Partial Disability benefits and subsequently pay wage differential benefits to an employee.

Employers have specific requirements they must follow for when an injured worker files for workers' compensation benefits. If you believe your employer has not properly followed the required steps, you may wish to seek legal counsel. This will also ensure you are fully aware of your rights and options in the matter.

Source: State of Connecticut Workers' Compensation Commission, "What is the "typical" flow of a workers' compensation case?" accessed Nov. 13, 2015

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Law Offices of Wesley M. Malowitz

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