About Workers' Compensation
When an accident or injury occurs at work, an employee has the right to make a workers' compensation claim. Report any injury immediately. However, navigating the various forms to be completed and requirements to be met can be confusing. Without the advice and assistance of an experienced lawyer, injured workers may not be aware of their right to file a claim, may not file a proper or timely claim, or not realize the full extent of benefits available to them.
Be aware there is limited time to properly file a claim. If you are injured at work related to a specific accident, sustain an injury from the day to day wear and tear on your body, or are exposed to a substance resulting in injury, contact one of our experienced lawyers and make a claim. At Pavano Dombrowski, LLC, we will help you navigate the workers' compensation system and obtain the medical and financial benefits you need and deserve to get back on your feet.
The Workers’ Compensation Commission provides an informational packet regarding the Workers’ Compensation Act, the claim process, and provides various forms utilized in the process at: http://wcc.state.ct.us/download/acrobat/info-packet.pdf
Workers’ Compensation Benefits
- MEDICAL TREATMENT [Sec. 31-294d]
The most immediate concern in cases of occupational injury or illness is the health and physical well-being of the employee. While the employer is responsible for designating a medical facility for the initial treatment of an injury/illness, it is always the employee who chooses the “attending physician.” (If the employer has a Medical Care Plan which has been approved by the Chairman’s Office, then the employee’s choice is limited to the doctors in that plan.)
- TEMPORARY TOTAL DISABILITY [Sec. 31-307]
This is the wage replacement benefit for which an employee may be eligible, if they are totally disabled from a work-related injury or illness. The benefit rate is 75% of the AFTER-TAX-AND-SOCIAL-SECURITY average weekly wage, based upon the wages earned by the injured worker (hereafter referred to as “claimant”) prior to the injury (up to 52 weeks).
- TEMPORARY PARTIAL DISABILITY [Sec. 31-308(a)]
When an employee is able to perform some type of work, but not the same kind of work or the same number of hours they worked at the time of the injury, he or she may receive this benefit. It is 75% of the AFTER-TAXAND-SOCIAL-SECURITY difference between the amount they are currently earning, and the amount they would have been earning if they hadn’t been injured.
- PERMANENT PARTIAL DISABILITY [Sec. 31-308(b)]
These benefits are paid to the claimant who has suffered a permanent, partial loss of use of a body part(s), due to their work-related injury. The exact amount is based upon the specific body part which was injured, the attending physician’s determination of the percentage of that body part which has been disabled, and the employee’s basic compensation rate.
- RELAPSE OR RECURRENCE [Sec. 31-307b]
When an employee suffers a relapse or recurrence of the original injury or illness, he or she may be entitled to receive benefits for the period of relapse. This compensation would be the employee’s basic compensation rate at the time of the original injury/illness (plus cost-of-living allowances) or their new rate based on their salary at the time of the recurrence, whichever is higher.
- A Workers’ Compensation Commissioner “may” grant these additional benefits to an employee after he/she has been paid all of their Permanent Partial Disability. The employee must request an informal hearing at which the commissioner may or may not grant these benefits, depending upon the specific circumstances of the case.
- JOB RETRAINING [Sec. 31-283a]
The Workers’ Compensation Act also provides for vocational rehabilitation for those employees who are injured or become ill as a result of their work, and cannot return to the type of work which caused the injury or illness. These employees may be eligible for some kind of job re-training from the Workers’ Compensation Commission’s Rehabilitation Services.
Various additional factors need to be considered including eligibility for these benefits, the roll of pre-existing conditions, what type of doctor should you consult or types of treatment to seek, whether such a claim is your exclusive remedy and the possibility of obtaining enhanced benefits.
Filing for these benefits is no guarantee that you will receive the benefits you need and deserve. Obtaining or defending against a denial of these benefits requires a skilled hand and expertise in the process. At Pavano Dombrowski, LLC, we will do all of the heavy lifting for you with regard to these benefits as well as other considerations including return to work issues, obtaining temporary modified duty work assignments, request for permanent modifications under the ADA, and the interplay between these benefits and other rights and benefits, such as the Family Medical Leave Act (FMLA); Social Security Supplemental Income (SSI); Social Security Retirement (SSR); Social Security Disability (SSDI); and State, municipal or union pensions.
Contact Pavano Dombrowski, LLC, for the attention, expertise and legal representation you need and deserve. Call now at: (860) 219-0779 to schedule a free consultation or talk to one of our Workers’ Compensation attorneys.