Is Workers' Compensation Your Only Remedy When Injured on the Job in Connecticut?
On the job injuries and resulting claims are limited to Connecticut's workers' compensation system. However, often times, that injury may also permit an injured employee to pursue a separate personal injury claim in addition to the workers' compensation claim.
Workers' Compensation LawIf you are injured on the job, whether it is in a car, a construction site, or office setting, your sole remedy is through Connecticut's workers' compensation law - Right? Well, not always. Although the Workers* Compensation Act essentially limits any claims arising from workplace injuries to the workers compensation administrative system, if someone other than your employer causes your on-the-job injuries, you may also have a claim against that person. This is called a third party claim, and you can bring that claim in addition to the workers* compensation claim. Example: While in the course of delivering a pizza to a customer, the delivery person is rear-ended by a negligent driver. In this case, the pizza delivery driver may file a workers' compensation claim AND file a separate lawsuit against the negligent driver.
Workers' Compensation Claims Coupled with a Personal Injury ClaimThese two legal actions can progress at the same time and each provides different benefits and advantages to an injured party. In a workers' compensation claim, the employer's insurance company pays benefits to the injured employee. These benefits may consist of a portion of the lost wages, medical bills, and an award for any permanent injuries. In a personal injury claim, the third party's insurance carrier - commonly an automobile or homeowner's insurance policy - pays the fair and reasonable damages suffered by the driver. These damages consist of economic losses, such as lost wages, property damage, lost future wages, medical bills, loss of enjoyment of life, an award for pain and suffering and more. Of course, an injured person can*t receive the same types of benefits twice (no double recovery), and Connecticut law provides for an adjustment between insurance companies to ensure that an injured party reimburses to the workers* compensation carrier any funds that he recovers from the negligent third party*s insurance carrier. In choosing a Connecticut personal injury lawyer, it is important to use a lawyer who not only understands the intertwined nature of the two separate claims, but who actively practices in workers* compensation law AND personal injury law.