Representing The Injured In Workers’ Compensation Claims
At Mancini Law, we help people from all types of industries file workers’ compensation claims. From repetitive stress injuries suffered by office workers to head injuries suffered by construction workers, we take on a wide range of injury cases. Our attorneys regularly represent clients in complex cases involving injuries related to workplace conditions such as exposure to chemicals and excessive noise as well as emotional trauma linked to the conduct of managers and coworkers.
We pride ourselves on answering incoming calls to make sure you speak to an actual person rather than leaving a message and waiting for a return call. If one of our attorneys is available when you call, you will speak to them immediately. If not, you will get a paralegal who will take your information and you will get a follow-up call from an attorney within two business days.
Common Injuries Associated With Workers’ Compensation Claims
Most injuries and illnesses resulting from work-related accidents or job-related tasks qualify for a claim. This includes on-the-clock work-related travel (but not commutes to and from work), and mistakes and accidents on the job. Common injuries resulting in a workers’ compensation claim include:
- Brain and head injuries
- Repetitive stress injuries such as carpal tunnel syndrome and joint injuries
- Respiratory illness linked to toxic chemicals
- Hearing problems caused by excessive noise in the workplace
- Psychological trauma related to abusive treatment in the workplace
- Workplace ladder injuries
- Hypertension and other heart-related problems
There are deadlines for filing a claim. When injuries are readily apparent following an accident or event, a claim must be filed within one year of the day the accident or event happened. When your claim involves occupational disease/illness, the claim must be filed within three years of the first signs/diagnosis of symptoms.
Connecticut Workers’ Comp FAQs
We believe that our clients deserve to know as much about the law as possible here at Mancini Law. Information is incredibly valuable for all parties as we strive to seek solutions and guide them through a complex legal process. As such, we’ve compiled the following frequently asked questions for those with workers’ comp concerns.
What do workers’ compensation benefits cover?
The purpose of workers’ compensation claims is to provide compensation to employees who were legitimately injured in the workplace or doing work-related tasks while on the clock. Benefits vary based on the type and severity of the injury or illness but may include:
- Compensation for therapy and medical treatment
- Temporary partial or total disability
- Permanent partial or total disability
- Retraining for a different position
- Discretionary benefits
When we examine your claim, we can determine what benefits you qualify for. We put our experience to work to ensure that you get all of the benefits you are entitled to.
Are stress-related or psychological injuries covered under workers’ compensation?
In some special situations, workers can seek compensation for stress, physiological issues or emotional discomfort. But, under Connecticut law, they typically need to show that a physical injury caused that emotional distress. They may also be seeking compensation for medical care for that injury – such as a broken arm or a traumatic brain injury (TBI).
For instance, say that a worker was injured on the job. They then spent months recovering and had to deal with constant stress and mental fatigue as a result. This is different from a nonphysical issue that leads to stress or emotional concerns.
Can preexisting conditions be covered by workers’ comp?
This can be a complex situation. As a general rule, workers’ comp benefits are not for preexisting conditions. For instance, someone who gets injured at home or in a car accident outside of work cannot then claim benefits.
However, the law does allow for workers’ comp claims if the existing injury was aggravated or made worse by something that happened at work. For instance, an employee may have mild back pain from a sports injury and then throw their back out entirely, trying to lift something heavy at work, leading to the need for surgery.
Are injuries received during breaks or lunch hours covered?
They can be, as long as the injuries occur within the scope of that person’s job. The injury does have to happen during their work hours – even if they are technically on break at the time – and when they are in an appropriate location that they’re permitted to be in. Lunch breaks are considered an inherent part of employment, in most cases, meaning injuries are typically covered.
What is a Form 30C, and why is an incident report not enough?
Under Connecticut law, filing an incident report with your employer is not enough. An incident report is simply an internal company record and does not officially start your workers’ comp claim. A Form 30C is the official form provided by Connecticut’s Workers’ Compensation Commission that formally notifies your employer that you are filing a workers’ comp claim. If you suffered a work-related injury or were diagnosed with a work-related illness, you should file this form as soon as possible.
Can I choose my own doctor for a work injury in Connecticut?
Yes, but with some limitations. Connecticut law allows you to choose your own doctor for treatment, but that doctor must be on the list of approved physicians provided by your employer’s workers’ compensation insurance carrier. If you need emergency care right after your injury, your employer may direct you to a specific doctor or clinic for the initial evaluation. After that, you can select from the approved list for continued treatment.
Most insurance carriers maintain a large list of approved doctors, so you typically have options. It is important to choose a physician who will prioritize your recovery and your best interests. If you are unhappy with the care you are receiving, you have the right to request a change. To do this, you must file the appropriate paperwork with the Connecticut Workers’ Compensation Commission.
Can my employer fire me for filing a workers’ compensation claim in Connecticut?
You have the right to seek benefits when you suffer a work-related injury or illness, and your employer cannot punish you for exercising that right. That said, employers rarely admit they are firing someone because of a workers’ comp claim. Instead, they may give another reason as justification for the termination. If your employer cannot provide a clear and valid explanation for your termination, it may be a sign that the real reason was your claim. If you believe you were fired because of your claim, an attorney can review your situation and help determine whether your employer violated the law.
What if I was injured at work because of a third party who isn’t my employer?
If a person or company other than your employer is responsible for your injury, you may be able to pursue both workers’ compensation benefits and a separate personal injury lawsuit. In workers’ compensation terms, you and your employer are the first two parties. A third party could be anyone else – including a subcontractor, property owner, manufacturer, delivery driver or another business.
Workers’ compensation benefits cover your medical expenses and a portion of your lost wages. However, these do not replace all your lost income or address your pain and suffering. If you want to seek complete compensation for your losses, you may need to file a personal injury lawsuit against the negligent third party.