Most people assume that filing a workers’ compensation claim is the only option after a workplace injury. In Connecticut, that is not always the case. Depending on the circumstances, injured workers may pursue additional compensation beyond what workers’ comp provides.
What does workers’ compensation cover?
Workers’ compensation provides financial benefits to employees who suffer job-related injuries or illnesses. These benefits include medical treatment coverage and a portion of lost wages. The system operates on a no-fault basis, meaning proving employer negligence is not a requirement.
Does filing for workers’ comp prevent a lawsuit?
Connecticut law generally treats workers’ compensation as the exclusive remedy against your employer. This means suing your employer directly is usually not an option. However, this limitation does not apply to every party who may have contributed to your injury.
Who else can you take legal action against?
When a third party contributed to your workplace injury, Connecticut law permits a personal injury lawsuit against them. These parties can include equipment manufacturers, subcontractors or property owners. Any outside party whose negligence played a role in causing the injury may be held accountable.
Can you pursue both claims at the same time?
Filing a workers’ comp claim does not prevent a third-party personal injury lawsuit. If the lawsuit results in a financial recovery, the workers’ comp insurer can recoup some paid benefits through a lien. Once a third-party claim is filed and notice is given, the other party has 30 days to join. Missing that window forfeits their right to file independently.
What can a personal injury lawsuit recover?
Workers’ comp benefits cover only a portion of total losses. A personal injury lawsuit may allow recovery of full lost wages, pain and suffering and other financial damages. These are losses that workers’ comp typically does not address.
Knowing your rights after a work injury
Workers’ compensation alone may not fully cover the impact of a serious workplace injury. Third-party liability claims can help fill in the gaps that workers’ comp cannot provide. Understanding all available options can give you the best foundation for financial recovery.