When an individual devotes the majority of their time to their employment, it is expected that when injured the costs of living and medical care will be covered by workers' compensation. Sadly, this is not always the case.
As with any government agency, there are restrictions and limits on what can be compensated through the agency. In many cases, the amount that is provided is not enough to actually take care of the injured individual and the costs of living that they currently have.
In many such cases, upon review by a workers' compensation lawyer, it is determined that the individual had failed to provide the required documentation, or had not filed for certain types of damages that they had the right to claim. When facing difficulties in the claims process, it is crucial that you get legal help. The legal team at Jowdy & Jowdy can help.
Contact a Danbury workers' compensation attorney by calling (203) 633-2171 for your free consultation.
What is Workers' Compensation?
Workers' compensation is a system designed to provide financial and medical assistance to employees who suffer injuries or illnesses related to their work.
Under Connecticut law, most employers are required to carry workers’ compensation insurance, which covers medical costs, a portion of lost wages, and rehabilitation services for injured workers. This system is no-fault, meaning that the injured employee does not need to prove that the employer was negligent in order to receive benefits.
What Types of Injuries Are Covered by Workers' Compensation?
Workers' compensation covers a wide range of injuries and conditions that occur in the workplace. These include, but are not limited to:
Physical Injuries: Injuries that occur as a result of accidents at work, such as broken bones, burns, sprains, or fractures.
Repetitive Stress Injuries: Injuries that develop over time due to repetitive motions, such as carpal tunnel syndrome or tendonitis.
Occupational Diseases: Illnesses that develop due to exposure to hazardous conditions at work, such as lung disease caused by exposure to toxic chemicals or asbestos.
Mental Health Conditions: In some cases, workers may be eligible for workers' compensation if their mental health condition, such as post-traumatic stress disorder (PTSD), is caused by their work environment or duties.
If you have suffered any of the above, it’s essential to consult with a Danbury workers' compensation lawyer to determine your eligibility for benefits and the best course of action for filing a claim.
What is the Workers' Compensation Claims Process?
The process for filing a workers' compensation claim in Connecticut involves several steps. Navigating this process can be confusing, especially if your claim is denied or if you face challenges in getting the full benefits to which you are entitled. A Danbury workers' compensation attorney can assist you at every step of the way.
Below is an outline of the general process:
Reporting the Injury: As soon as you are injured at work, it is crucial to notify your employer. Connecticut law requires that you report an injury to your employer within one month of the incident. Failure to do so could jeopardize your ability to file a claim.
Seeking Medical Treatment: After notifying your employer, you should seek medical attention for your injury. In Connecticut, you can choose your own doctor, but the employer’s insurance company may have the right to choose a treating physician in certain circumstances. Having medical records that document the extent of your injury is essential for your claim.
Filing the Claim: After receiving medical treatment, you need to file a claim with the Workers' Compensation Commission (WCC) in Connecticut. This form, called Form 30C, should be submitted as soon as possible after the injury. Your employer is also required to report the injury to their insurance carrier.
Receiving Benefits: Once your claim is accepted, you will begin to receive benefits. These benefits typically include payment for medical expenses and a percentage of your lost wages. The amount of wage replacement is based on your average weekly wage at the time of the injury, and it typically covers two-thirds of your gross income.
Appeals Process: If your claim is denied or if you are not satisfied with the benefits you have received, you have the right to appeal. A Danbury workers' compensation lawyer can help you navigate the appeals process, which may involve presenting evidence in hearings before a commissioner of the Workers' Compensation Commission.
What are Common Reasons For Denied Workers' Compensation Claims?
If your workers' compensation claim is denied, you have the right to contest the decision. Some common reasons for claim denials include:
Failure to Report the Injury: If you did not report your injury to your employer within the required timeframe, your claim may be denied.
Pre-existing Conditions: If the insurance company argues that your injury is related to a pre-existing condition and not the work-related incident, they may deny your claim.
Disputed Facts: If there is a disagreement regarding how the injury occurred or whether it was truly work-related, the claim may be denied.
If your claim is denied, a Danbury workers' compensation lawyer can help you gather the necessary evidence and navigate the appeals process. The right legal representation can significantly increase your chances of having your claim approved.
What are Common Workers' Compensation Benefits?
Workers' compensation benefits in Connecticut can include:
Medical Benefits: Covers necessary medical expenses related to your injury, including doctor visits, hospital bills, surgeries, medications, and rehabilitation services.
Wage Replacement Benefits: Provides compensation for a portion of your lost wages while you are unable to work due to the injury. Typically, this is about two-thirds of your average weekly wage, subject to certain limits.
Permanent Partial Disability Benefits: If your injury results in a permanent impairment, you may be entitled to additional compensation based on the severity of the impairment.
Permanent Total Disability Benefits: If your injury results in a permanent total disability that prevents you from working at all, you may be eligible for ongoing compensation for lost wages.
Vocational Rehabilitation: If your injury prevents you from returning to your previous line of work, you may be entitled to vocational rehabilitation services to help you transition to a new occupation.
Death Benefits: If a worker dies as a result of a workplace injury, surviving family members may be entitled to death benefits, including funeral expenses and ongoing financial support.
Workers' Compensation Attorney in Connecticut and New York
Injured workers and their families suffer severe financial strain and emotional devastation when injuries occur. Some work injuries can result in serious disabilities that can last for an extensive period of time, with the injured being unable to earn a living or even function in life as they had prior to the accident. Construction workers are in danger of such accidents and often suffer from dangerous or even fatal injuries while working on the job site.
The injured and their families must be compensated for the damages suffered in the accident; seeking full compensation is an urgent matter, as expensive medical treatments are usually necessary, and providing for the family who does not have the income they earlier had is also vital.
Each case must be fully reviewed with the purpose of determining the best course of action in the case. If your claim has been denied, our legal team is very familiar with the appeals process and how to present the case with the goal of the best possible outcome for the client. In cases in which a third party, such as an equipment manufacturer or provider has contributed to the injury, it may be possible to seek further compensation from other negligent parties.
It is vital that you act quickly in contacting the firm after suffering a personal injury such as this, as such claims must be filed in a timely manner, and full documentation of the damages can become more difficult to obtain if you wait too long.
