Workers’ Compensation Lawyers in New Britain, CT
If you suffered a workplace injury, you may be eligible for workers’ compensation. Employers and workers’ compensation insurance companies have no incentive to make injured employees aware of their rights. The New Britain, Connecticut workers’ compensation lawyers at Carter Mario can keep insurance carriers accountable and protect your legal rights.
The Help You Need with Workers’ Comp Claims
To get workers’ compensation, you must navigate a claim process that is already confusing, but made even more difficult by the tactics used by insurance carriers. Some victims make the mistake of not filing a workers’ compensation claim or pursuing a claim without an attorney. The attorneys at Carter Mario have obtained over one billion dollars on behalf of our clients by building strong cases and successfully guiding them through the workers’ compensation claim process.
Understanding Workers’ Compensation
The 1913 Workers’ Compensation Act requires employers to purchase workers’ compensation insurance, which provides financial, medical, and vocational benefits to injured workers (lost wages, medical bills, new training, etc.). Workers’ compensation is a form of “no-fault” insurance. According to §31-275(1), an employee must have suffered an accidental injury, or work-related disease, while working in the scope of their duties to have a valid claim.
Filing Claim Process in New Britain
Following your accident, you should report your injury to your employer immediately. This report does not start the formal claims process. To formally make a claim, you must provide the Workers’ Compensation Commission with a completed 30C Form.
How Much Workers’ Comp Can Get You in New Britain
To receive workers’ compensation benefits, you must have suffered an injury from a workplace accident which incapacitates you for at least seven days according to §31-295. The amount of money you receive depends on the nature of your injury and your after-tax weekly wage. Under §31-309, the amount you are entitled to receive is capped at the “average weekly earnings of all workers in the state as hereinafter defined for the year in which the injury occurred.”
Workers’ Compensation and Statute of Limitations in New Britain
According to §31-294c, the statute of limitations for physical injuries is one year. Additionally, work-related diseases are subject to a three-year statute of limitations starting from when symptoms manifest. Along with the defense of statutes of limitations, insurance companies can raise the defense of willful misconduct pursuant to § 31-284(a) if there is evidence your injury resulted from your violation of a workplace rule.
Workers’ Compensation Benefits in New Britain
Workers’ compensation insurance provides a variety of benefits. The most well-known benefit is that the workers’ compensation insurance carrier must pay an employee’s medical bills under §31-294d. Additionally, the family of a deceased employee can seek compensation for funeral and burial costs under §31-306.
Wage Related Benefits
Two other popular features of workers’ compensation insurance are Temporary Total Disability (“TTD”) and Temporary Partial Disability (“TPD”) benefits. Under §31-307, you can seek TTD if your injuries prevent you from working and receive payments reflecting 75% of your pre-injury weekly salary. Similarly, you can seek TPD benefits which pay 75% of the difference between your pre-injury and post-injury weekly wage if your injuries affect but do not prevent you from working according to §31-308(a).
Employment Training Benefits
Despite the medical care injured workers receive, some are unable to return to work but are not permanently incapacitated. Under §31-283a, injured workers can undergo vocational rehabilitation. Specifically, injured workers are evaluated and undergo training to obtain new employment.
Benefits for Permanent Injuries
Another well-known feature of workers’ compensation insurance is that employees receive financial compensation specifically for their injuries. If your injuries caused you to become completely incapacitated, you can claim Permanent Total Disability (“PTD”) benefits under §31-307 and be paid 75% of your average weekly salary. You can seek Permanent Partial Disability (“PPD”) benefits under §31-308(b) if your injuries caused you to become only partially disabled and receive financial compensation based on the severity of your injuries and pre-accident weekly salary.
New Britain Workers’ Comp Lawyer and Your Claim
Insurance carriers often argue injured victims suffered minor injuries. Alternatively, insurance carriers minimize injuries by claiming victims no longer need medical treatment. The New Britain workers’ compensation attorneys at Carter Mario can help you build a strong case demonstrating the severity of your injuries.
What Differentiates Personal Injury From Workers’ Comp
To make a personal injury claim, you do not have to be a legal employee. Unlike that of workers’ compensation, the success of a personal injury claim depends on proving another person’s negligence. Finally, you must complete the personal injury litigation process, i.e., win, before you obtain any financial benefit or compensation.
What Makes Personal Injury Claims Different?
Winning a personal injury claim requires you to prove all the elements of your lawsuit, i.e., the other person’s fault and your injuries. In a personal injury claim, you can obtain financial compensation for your pain and suffering, medical costs, and lost wages. Finally, there is no legal limit to the monetary compensation you can receive in a personal injury claim.
Is Your Claim A Personal Injury Claim?
If you were driving a company vehicle and were rear-ended, you likely have a personal injury claim and a workers’ compensation claim. If your injury occurred due to a co-worker’s negligence, e.g., a passenger in a company vehicle, you likely have both a workers’ compensation claim and a personal injury claim. If you slipped and fell on another person’s property while not working, you have a personal injury claim.
Is Your Claim A Workers’ Compensation Claim?
If you were injured on your employer’s property, e.g., slipped and fell at work, your claim falls under workers’ compensation. Similarly, if you were working and suffered a fall on another person’s property, you likely have a workers’ compensation claim and personal injury claim. If you were driving a company vehicle and hit someone else, your only remedy is Workers’ Compensation.
Understanding Which Type of Claim To File
If you were working and were injured by a co-worker’s negligence or a third party’s negligence, you can pursue both claims. The benefit of workers’ compensation is you get financial benefits almost immediately. In a personal injury claim, you can seek non-economic damages but will likely have to reimburse the insurance carrier for the benefits they provided you if you made a workers’ compensation claim.
New Britain Workers’ Comp FAQ
In addition to being painful, workplace accidents have disruptive effects on the lives of victims and their families. To make matters worse, employers and insurance carriers contest otherwise valid workers’ compensation claims. To learn about your rights and the strength of your case, speak with an experienced workers’ compensation attorney at Carter Mario.
What Actions Should You Take After An Accident?
You should inform your employer of the accident and seek medical treatment for your injuries at a hospital or urgent care facility. You should take note of any employees who may have witnessed the accident. Also, you should consult an experienced workers’ compensation attorney before speaking with your employer’s insurance company following a workplace accident.
How Much Will A New Britain Workers’ Compensation Attorney Charge Me?
Under Carter Mario’s Zero Fee Warranty, you pay nothing unless we win your case or negotiate a favorable settlement. This is because our attorneys represent victims on a contingency fee basis. Stated simply, we only get paid if you get paid.
Carter Mario’s Workers’ Comp Attorneys Are Experienced and Ready to Help
Since 1989, the attorneys of the Carter Mario Law Firm have been serving clients in New Britain, Connecticut by fighting to protect the rights of injured workers. Our attorneys know a successful outcome in your workers’ compensation case is essential for you to rebuild your life.
Contact us today for a free consultation if you suffered a work related injury.