Common Questions About Workers’ Rights
Turned down for workers’ compensation benefits? Receiving all the benefits you are entitled to under state law? Pressured to return to work before you are healed, or suffering retaliation for filing a workers’ compensation claim?
I have practiced law in Connecticut since 1993. I have helped hundreds of victims of workplace accidents and on-the-job injuries obtain the workers’ compensation benefits they deserve. Contact me, an experienced workers’ compensation attorney who will explain your rights and vigorously protect your interests, and fight the insurance companies for every last dollar you deserve.
The information below is meant to address common questions for further discussion with legal counsel. It is not intended as legal advice and should not take the place of contacting a qualified lawyer who practices in this field.
What Injuries Qualify For Workers’ Compensation?
- Any accident or injury occurring at your workplace during the course and scope of your employment
- An injury suffered off-site in the course of performing duties for your employer (e.g., auto accident, construction injury)
- Any illness that develops over time from work-related duties (e.g., carpal tunnel syndrome or repetitive trauma)
What Benefits Can I Collect?
You may be entitled to some or all of the following benefits:
- Medical bills — Workers’ compensation will pay your hospital, doctor and other health care providers for all necessary medical treatment of a work-related accident, occupational injury or illness, including surgery, medical equipment, medication and physical therapy ordered by your doctor.
- Lost wages — Your benefits are computed from your average weekly wages (including any overtime) over the last 52 weeks. If you suffer relapse or reoccurrence of the injury, you will be paid for those days missed. If you are unable to work at all, you will receive temporary total disability benefits. If you are able to work in some capacity, you may still receive temporary partial disability benefits.
- Permanent disability — If you suffered a permanent loss of function or injury to a part of your body, you can collect permanent partial disability benefits, depending on the extent of the injury. These may be paid as a lump sum or as weekly benefits.
- Vocational rehabilitation — If you are not physically capable of returning to work because of your injury, you may qualify for vocational rehabilitation assistance to be retrained for other employment.
- Death benefits — If a person died from a work-related injury or illness, the spouse and dependent children may receive survivor benefits.
Can I Sue My Employer?
Workers’ compensation was established to replace lawsuits against employers or co-workers for workplace injury. You can only sue your employer in very limited cases of intentionally caused harm.
You may have a third-party personal injury claim against a manufacturer of unsafe tools, machines or equipment; against the owner or operator of an automobile that caused your accident; or a property owner where your accident occurred. The The Malowitz Law Firm, LLC can evaluate the viability of any potential third-party claim.
What If My Claim Is Denied?
Claims are routinely denied by employers’ insurance companies. The reasons vary: improper documentation, incomplete records, missed deadlines, challenging the diagnosis or rejecting the injury as not work-related. Whatever the reason, you need a qualified attorney familiar with the Connecticut workers’ compensation system.
At the The Malowitz Law Firm, LLC, I represent clients at every stage of the process:
- Investigation and evaluation of each potential workers’ compensation claim
- Initial filing of the workers’ compensation claim
- Coordinating with the insurance company to secure authorized medical treatment and wage reimbursement
- Informal and formal (trial-type) hearings before the workers’ compensation district offices
- Securing benefits for permanent injury or disability when medical treatment ends
- Evaluating and negotiating your claim for settlement
I will fight for your rightful benefits, including back pay to the date of the injury and payment of all related medical expenses.
Can My Employer Make Me Go Back To Work?
You cannot be pressured to return to work before you have recovered and been released to return to work by your doctor. Your doctor can provide a written opinion of your prognosis for recovery. Your employer can challenge the medical opinion, but you cannot be harassed or threatened into going back to your job.
Can I Be Fired For Filing A Workers’ Comp Claim?
If you were terminated, demoted or encouraged to resign for filing a work injury claim, contact me immediately. I have represented many workers in retaliatory discharge claims, obtaining back pay, reinstatement and other remedies. You are legally protected in applying for workers’ compensation benefits, and I will stand behind you 100 percent in exercising your rights.
Questions About Workers’ Comp?
Contact my Stamford law office for a further discussion of your workers’ compensation rights in a free consultation by calling 866-539-5781 or 203-517-0110. You may also fill out my online contact form.
If you were hurt at work and your employer is harassing you, or the insurance company will not approve your claim, contact me to speak with a veteran workers’ compensation attorney who will provide you with experienced and aggressive representation.