A Connecticut nurse has received $200,000 in settlement of her workers’ compensation claim. The claim was unusual in that the injury was not caused by a work-related accident; rather, the injury was the result of a pre-existing condition, and the fact that it occurred during working hours at the claimant’s place of employment was sufficient to qualify for workers’ compensation benefits.
The claimant was a rehabilitation nurse who was suffering from cancer. The cancer increased the brittleness of her bones, and her pelvis sustained a fracture while the nurse was at work. Even though the injury was not caused by a workplace accident, the nurse’s treating physician deemed it to be a work-related injury. According to the woman’s attorney, she incurred significant costs associated with pain management and visits to a psychiatrist. The nurse’s employer was deemed liable for these costs, but the parties disagreed on the severity of the injury and whether the medical care she received was necessary. Another issue was whether the claimant was eligible for disability benefits. The nursing home claimed that the claimant had limited capacity to work and that her disability benefits should be reduced accordingly.
The parties negotiated for two months. After rejecting an initial demand from the claimant of $500,000, the parties agreed to a settlement of $200,000. Either party could suffer if the case went to a hearing. The claimant might recover less, or she could be judged to be totally and permanently disabled, in which the nursing home and its insurer might have been required to pay a great deal more.
Anyone who suffers a serious injury on the job may wish to consult an experienced workers’ compensation attorney for advice on how to file a workers’ compensation claim, how to assemble and present necessary medical evidence, and the steps necessary to pursue the claim to finality.
Source: Connecticut Law Tribune, “Nurse Injured on Job Awarded $200,000 Workers’ Compensation Payment,” Robert Storace, Feb. 1, 2018