Know Your Workers Comp Rights

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Workers' Compensation Rights

Almost every employee in Connecticut is covered by workers' compensation insurance. If you are injured at work or while doing your employer's business off site, you are covered. Workers should know their rights under the law.

Experienced workers' comp lawyers

People who have been injured on the job or who have had a workers' compensation claim denied should contact an experienced lawyer to learn about their rights. At the New Milford law firm of Guendelsberger, Collins, Henry & Guendelsberger, LLP, the members of our legal team have been assisting workers in the region with claims since 1983. Contact our law firm to learn how we can help. Some aspects of the law are listed here.

What Connecticut workers' compensation provides

• The law provides for necessary medical treatment in cases of occupational injury or occupational disease.
• When the employee is unable to work, he or she is eligible for wage replacement benefits such as:
  • Temporary total disability benefits
  • Temporary partial disability benefits
  • Payments during a recurrence or a relapse
• Payment for disfigurement or scarring (in limited areas)
• Discretionary benefits as determined by the Commissioner of Workers' Compensation
• Vocational rehabilitation services
• Death benefits

While it may appear that the workers' compensation laws are straightforward, the reality for many injured workers is quite different. The workers' compensation process is filled with loopholes and discrepancies. For example, while the law states that employers and their insurance companies may not require injured employees to return to work before they are healed, the process and exceptions to that statement of law are vast. An example of a loophole that employers and their insurance companies frequently utilize is that an employer, in order to get out of paying an injured worker his/her just compensation, an employer may dispute a doctor's recommendation that an injured worker receive partial permanent disability because he or she has reached maximum medical improvement. Also, the employers and their insurance companies may try to dispute the percentage of your disability from your work-related injury. These loopholes may make it necessary for an injured worker to go to multiple doctors, and ultimately not receive the money the injured worker is entitled to.

Employers and their insurance companies may not necessarily tell you that you can receive payment for trips to the doctor or for prescription drugs. Without an experienced attorney fighting for your rights, you may not be reimbursed for these expenses.

You should also know that if you were working a second job when you got hurt, your employer may pay you for “wage replacement” for that second job for the period of time that you are unable to work at it. Again, while the workers' compensation laws provide for this second job wage replacement, most people without an attorney do not know they are entitled to that wage. An experienced attorney with a reputation for results knows these benefits you are entitled to, and will fight for your just benefits.

Retaliation is against the law

One of the most important rights of an employee under workers' compensation is the right to file the claim. Employers cannot take action against an employee after the employer receives notice of a claim. If you are fired, demoted or reassigned because you filed a workers' comp claim, it is important to speak to an attorney immediately. Retaliation is a clear violation of the law.

Contact a lawyer for advice and counsel about your workers' compensation rights. At the New Milford, Connecticut, law firm of Guendelsberger, Collins, Henry & Guendelsberger, LLP, we help people with claims related to an occupational illness or work injury. The law was enacted to help injured workers; take steps to make sure it helps you.