Workers Comp Lawyers in Milford
Despite Federal and State level laws governing workplace safety, employees continue to suffer work related injuries. Fortunately, the availability of workers’ compensation insurance can reduce the harmful economic and medical effects of a workplace injury. The Milford workers’ compensation attorneys at Carter Mario Law Firm can help you navigate this confusing process.
The Help You Need
Workers’ compensation insurance provides a variety of financially generous benefits. Sadly, insurance carriers often deny and fiercely defend claims because their goal is to maximize their profits by minimizing the amount of money they spend on benefits. The workers’ compensation attorneys at Carter Mario Law Firm fight to make sure you obtain the benefits you need.
The State of Connecticut requires employers to carry workers’ compensation insurance. In exchange for immunity from lawsuits by injured employees, workers’ compensation insurance provides benefits to injured employees with valid claims. To have a valid claim, you must have suffered a work-related injury while in the scope of your employment.
What to Know When Filing a Workers’ Comp Claim in Milford
An injured victim still has a valid claim even if their own negligence caused the injury because workers’ compensation insurance is a form of “no-fault.” However, the insurance carrier can contest the claim by arguing the injury is not work related or did not occur in the scope of the victim’s employment. To formally file, you should report your injury to your employer, and then fill out and file a 30C Form with the Workers’ Compensation Commission.
Payments in Workers’ Comp
Injured workers usually receive benefits in the form of financial payments. In order to qualify for benefits, an employee must suffer an injury which incapacitates them for seven days pursuant to §31-295. The payments are subject to a three day waiting period.
Milford’s Workers’ Comp and Statute of Limitations
Each State limits the amount of time people have available to assert a legal claim via a lawsuit. Under §31-294c, injured employees have one year to make a workers’ compensation claim after an accident which caused them to suffer a physical injury. The statute of limitations to file a claim for an occupational disease is three years, beginning from the time the symptoms first manifested.
What Milford Workers’ Comp Can Get You
While workers’ compensation insurance primarily provides financial benefits, it also provides other forms of benefits designed to assist injured workers and their families. Specifically, workers’ compensation insurance is responsible for the cost of an injured employee’s medical care pursuant to §31-294. Additionally, the families of deceased employees are entitled to benefits for funeral and burial costs under §31-306.
Benefits for Lost or Reduced Wages
Accidental injuries often leave employees unable to work or only able to return to work at a light duty capacity. Under §31-307(a), workers’ compensation insurance provides Temporary Total Disability (“TTD”) benefits which pays injured workers who are unable to return to work 75% of their post-tax weekly wage. Similarly, Temporary Partial Disability (“TPD”) benefits pay injured employees who are unable to return to work at full duty capacity 75% of the difference between their pre-injury and post-injury weekly wage.
Along with financial benefits, workers’ compensation also provides vocational rehabilitation benefits pursuant to §31-283a. This benefit is meant to retrain and provide new skills for injured workers who are unable to return to work. Vocational rehabilitation is intended to assist injured workers with finding new employment.
Benefits for Permanent Injuries
Some accidents cause employees to suffer injuries which leave them with permanent disabilities. Under §31-307, employees who are completely incapacitated due to their injuries are entitled to claim Permanent Total Disability (“PTD”) benefits which pays them 75% of their weekly wages potentially for the rest of their lives. Employees who are only partially disabled can claim Permanent Partial Disability (“PPD”) benefits based on the nature and extent of their injury, and their pre-injury weekly wage pursuant to §31-308(b).
Working With a Lawyer Regarding a Workers’ Comp Claim
An attorney can help you navigate the workers’ compensation claims process. Specifically, an attorney gathers evidence and prepares your claim to overcome possible defenses the insurance carrier may raise such as wilful misconduct under §31-284a. Finally, an attorney ensures you receive fair compensation based on the severity of your injury.
Do You Need a Personal Injury or a Workers’ Comp Claim?
Very often, victims suffer injuries at work due to another person’s negligence. These are known as third party claims because the victim can pursue a personal injury claim against the third party, and a workers’ compensation claim. While both claims are designed to compensate injured victims, there are several differences.
Differentiating Personal Injury vs Workers’ Comp
You do not have to prove another person’s negligence in a workers’ comp case to obtain financial compensation. However, in a personal injury case you have to prove the other person committed an act of negligence. Finally, the methods used to calculate the financial value of your claims are different.
What Counts for Personal Injury Claims
In a personal injury claim you can obtain compensation for your economic and non-economic damages. Losses such as lost wages and medical expenses fall under the category of economic damages. Non-economic damages are not based on financial losses but instead are based on the pain and suffering you endured.
What Counts for Workers’ Comp Claims
The final award in a workers’ compensation case is for Permanent Partial Disability, i.e., permanency award. This award is based on two factors. Specifically, the severity of your permanent injury and the body part which suffered the injury.
Which Should You File?
If you pursue a personal injury claim after making a workers’ compensation claim, the insurance carrier is entitled to reimbursement for the benefits they paid from any award you receive in the personal injury case. Accordingly, if your injuries are severe, it may be worth pursuing both as you could still obtain significant money based on your pain and suffering. If your injuries are minor, it may be best to only pursue the personal injury case as you could obtain more money based on your medical expenses and pain and suffering.
Milford Workers’ Comp FAQ
A person’s ability to work provides them and their family financial and emotional security. Accordingly, work related accidents can be extremely stressful for employees and their families. At Carter Mario, our Milford workers’ compensation attorneys provide free case evaluations to answer all questions injured employees and their families may have regarding the workers’ compensation claims process.
Steps to Take Following an Accident
Following an accident, you should immediately obtain medical treatment. You should also report the accident and your injuries to your employer. You should identify possible witnesses and speak with a Milford workers’ compensation attorney.
How Much Will a Milford Workers’ Compensation Attorney Charge?
Under our Zero Fee Warranty, our clients only pay legal fees if we win their case or negotiate a favorable settlement. This is because we represent injured workers on a contingency fee basis.
Carter Mario’s Workers’ Comp Attorneys Are Here For You
The Milford-based attorneys at Carter Mario have been successfully litigating workers’ compensation cases for over 30 years. The results we have obtained for our clients can be seen in the numerous positive reviews along with our accomplishment of obtaining one billion dollars in compensation for our injured clients. Call us today for a free consultation.
If you’re living in Milford and have been involved in an automobile accident, a truck accident, a motorcycle accident, or must file a medical malpractice lawsuit, the personal injury lawyers at Carter Mario Law Firm can help.