A workplace injury can wreak havoc on your life. Whether you were hurt suddenly or your injury or illness developed over time, you may now be facing stressful physical recovery and financial instability. Understandably, you need relief, and you need it fast.
After sustaining an on-the-job injury, it is critical that you understand your legal rights and options for compensation. In most cases, when an employee is hurt at work, compensation claims are governed by the state’s workers’ compensation law. Workers’ compensation is often the most efficient and fastest way to get the medical and financial aid you need. That said, in certain situations, you may be able to take further legal action.
In this article, we will discuss how Connecticut’s workers’ compensation statute applies to injured employees. We will then consider under what circumstances you might be able to pursue a lawsuit against your employer.
Understanding Connecticut Workers’ Compensation Laws
In Connecticut, employers are required to provide workers’ compensation benefits to all employees, with few exceptions. Workers’ compensation insurance is designed to protect employees who suffer work-related injuries or occupational diseases. Such benefits are intended to cover medical expenses and lost wages during the recovery period.
Workers’ compensation is a no-fault system. This means that if you suffer a workplace injury, you are entitled to compensation as long as you can show that you were hurt or became ill on the job or as a direct result of your occupation. Unlike other types of personal injury claims, you do not need to prove fault on the part of your employer to receive benefits.
The no-fault system helps make the injury claims process faster. However, workers’ compensation claims can be denied for various legitimate reasons. If an employee suffered self-inflicted injuries, was committing a serious crime, was under the influence of drugs or alcohol, or in some other way violated company policy when hurt, then he or she may not be eligible for compensation.
Connecticut’s Exclusive Remedy Provision
The Connecticut Workers’ Compensation Act includes an exclusive remedy provision. This provision is designed to benefit both employees and employers following a work-related injury.
For employees, workers’ compensation benefits offer a guaranteed and oftentimes faster means of receiving benefits for medical care, lost income, and rehabilitation costs. At the same time, a degree of protection is offered to employers. The provision prohibits an employee from suing his or her employer for damages related to workplace injuries in most instances.
In general, the focus of workers’ compensation benefits is on recovery and support rather than liability and litigation.
Instances in Which You Can Sue Your Employer for a Workplace Injury
Connecticut workers’ compensation laws grant employers significant immunity from employees bringing a personal injury lawsuit. Nevertheless, Connecticut law does allow injured workers to sue employers under some circumstances.
When your employer causes you intentional harm
If your employer deliberately intended to cause you harm, you may have grounds for a personal injury lawsuit outside of the workers’ compensation system. An employer may be found to have intentionally caused harm if he or she knowingly exposed you to harmful conditions with the intent to cause injury.
Further, such dangerous and reckless actions as direct assault and battery may entitle you to take legal action against your employer. Such severe acts violate the basic duty of care that employers owe their workers.
When your employer retaliates against you or denies your workers’ compensation claim in bad faith
Under Connecticut law, you can sue your employer if he or she discriminates or retaliates against you for filing a workers’ compensation claim. At times, an employer will attempt to punish an employee in one way or another for making a claim.
A worker could be demoted, denied promotion, transferred to a less desirable position, receive a pay cut, see a reduction in hours, or even terminated. If you have experienced this sort of discriminatory or retaliatory behavior, you may have a basis for legal action.
Additionally, if your employer knows you are an injured employee who qualifies to receive workers’ compensation benefits yet denies your claim, you might be entitled to file a lawsuit. When an employer acts in bad faith, the fallout can be devastating. Hiring a personal injury lawyer experienced in workers’ compensation law can provide you a faster resolution than attempting to handle the situation on your own.
When your injuries are due to your employer’s gross negligence and safety violations
Instances of gross negligence or obvious safety violations by an employer can warrant taking legal action. Gross negligence shows total disregard for employee safety and reaches beyond inattention or carelessness. In such cases, the employer knew or should have known the significant risks posed to others and chose not to prevent it.
If your employer knowingly failed to follow industry safety regulations and an illness or injury occurred, a lawsuit may be justifiable. Similarly, if an employer did away with safety protocols in an attempt to increase productivity, he or she could be found grossly negligent for putting employees at a high risk of injury.
Violating an employee’s right to a safe work environment is a serious matter. Employers and industries alike must be held accountable for gross negligence and safety violations. A well-practiced workers’ compensation attorney can help you establish the facts of your case and ensure that all paths to fast and fair restitution are explored.
When your employer fails to carry workers’ compensation insurance
In Connecticut, you may be allowed to file a lawsuit against your employer for a work-related injury or illness if the company fails to carry the proper workers’ compensation insurance. The law explicitly states which workers must be covered. Thus, if your employer does not have an active workers’ comp policy and you suffer work-related injuries, you likely have legal recourse available to you.
When you are injured by a third-party
There are certain scenarios in which a third party plays a role in a workplace injury. Depending on the circumstances of the accident, you may have the option to pursue a personal injury lawsuit against your employer or a third party.
If you are injured on the job by a third party hired by your employer, you can sometimes hold your employer accountable. When a contractor or subcontractor is involved in your injuries, it may be possible to sue your employer on the basis of negligent hiring or entrustment, or according to the contractual agreement between your employer and the contractor.
Furthermore, if you are involved in an accident at a worksite not owned by your employer, you may have legal recourse if the property owner’s negligence was a factor in your injuries. Additionally, if you are in a car accident caused by another driver while performing job duties, a claim can be made against the at-fault driver.
When you are injured by a defective product
If you are injured on the job by a defective product, you may be able to seek compensation by filing a product liability claim against the manufacturer. What’s more, if you are injured at work by a product designed or manufactured by your employer, it could be possible to file a product liability claim against your company.
When your injuries are a result of toxic exposure
You may be eligible to file a personal injury lawsuit outside of the workers’ compensation system if you develop an occupational illness as a result of exposure to toxic substances. Exposure to such harmful materials as asbestos, lead, or radioactive substances while on the job may warrant legal action.
How to Seek Compensation When Injured on the Job in Connecticut
If you have sustained injuries at your place of employment, there are specific steps you should take immediately. The faster you take action, the better chances you have for just compensation. While workers’ compensation may not be your only option for restitution, it can be the best place to start.
The Connecticut Workers’ Compensation Act is a mandatory program. It has been put in place to protect both full-time and part-time employees in the event of work-related injuries or illnesses.
It is important to follow the state-mandated reporting process, or you could risk not being eligible for benefits.
In order to successfully make a workers’ comp claim and recover compensation, take the following steps:
- Promptly report your injury or illness to your employer: Notify your supervisor immediately, if possible. Your employer should then file a report of injury with his or her workers’ compensation insurance carrier and the Workers’ Compensation Commission.
- Seek immediate medical attention: Your employer should send you for a medical evaluation and treatment as soon as possible after you are injured or become sick. If your employer has an appointed medical provider or your company has a medical care plan, you must accept initial treatment under that plan. Seeking medical treatment outside of your employer’s medical provider network may compromise your right to workers’ compensation benefits.
- File an official claim with the Workers’ Compensation Commission: The accident report filed by your employer is not an official claim for benefits. Only you, as the injured or ill employee, can file an actual workers’ compensation claim form. By officially putting your claim on record, you preserve any right to future benefits you may have.
Once your workers’ compensation claim has been properly filed, your employer must begin to pay benefits “without prejudice” within 28 calendar days or notify you of denial within that time frame.
If you believe your work-related injuries warrant legal action beyond the workers’ compensation system, it is in your best interest to seek advice from a qualified personal injury lawyer as soon as possible. An experienced attorney can help you determine your legal options against your employer and get better, faster results.
Contact Experienced and Tough Workplace Injury Lawyers for the Help you Deserve
A serious workplace injury can be devastating. You may be facing physical pain, emotional trauma, and mounting medical bills. Workers’ compensation laws and state disability insurance mandates are in place to promote workplace safety and protect injured workers. Yet, filing for workers’ compensation benefits may not be your only option.
If you find yourself struggling after a workplace accident or illness, this is no time to go it alone. The team of workers’ compensation attorneys at Gould Injury Law stands ready to help you during this difficult time. We can guide you through the claims process and establish whether or not suing your employer is a viable course of action.
With decades of combined experience behind us, we well know the workers’ compensation laws in Connecticut and how they apply to all manner of work-related injuries and lawsuits. We pride ourselves in aggressively defending the rights of Connecticut workers to full, fair, and fast compensation. Once we take your case, we are committed to seeing it through to the end.
Get the help you need to recover compensation faster by reaching out to us today. Call Gould Injury Law at 888-WIN-FAST, or fill out our online form, to schedule a free, no-obligation consultation with a member of our legal team.
