A workers’ compensation claim can be filed by any employee who has sustained a work-related injury or by the families of an employee who died. Unlike a personal injury lawsuit, these claims do not need to establish liability as workers’ compensation is a no-fault system. All that must be proved for the claimant to receive these is that the claimant was injured at their job while working.
Workers’ compensation that is granted to claimants includes weekly medial bill reimbursements, permanent disability benefits weekly payments, etc. Parties who are eligible for these benefits can receive up to two-thirds of their average earnings on either a bi-weekly or weekly basis.
Most workers’ compensation attorneys have you sign a contingency fee agreement with them. These are agreements that give the attorney a percentage of your monetary award for your claim. This means that if no money is given to you, you do not pay your attorney!
How long can you wait to make a workers’ compensation claim?
The sooner the better! In Connecticut, you have only one year from the date of your injury to make a claim. If you are claiming to have suffered an illness caused by your occupation rather than an injury, you have three years to file your claim.
Workers’ Compensation Claim vs. Personal Injury Lawsuit
A perk that workers’ compensation has over a lawsuit against the employer is that the employee’s own negligence usually does not prevent that person from receiving money from their workers’ compensation claim.
If a party, such as the employer, can be proved to have been liable in a specific case it may be more lucrative to file a lawsuit against that party instead of filing a worker’s compensation claim. Usually accepting benefits from worker’s compensation waives your right to sue that party for personal injury for the same incident.
We can help you!
Think you have a potential workers’ compensation case? Contact our Workers’ Compensation expert, Attorney Christopher D. Hite, today by calling 203.870.6700 for a free evaluation of your case!
Gray, Morgan. “Should I File for Workers’ Compensation or Personal Injury Lawsuit?” AvvoStories. Accessed August 9, 2017. http://stories.avvo.com/money/business/ask-avvo-should-i-file-a-workers-compensation-claim-or-a-personal-injury-lawsuit.html.
InjuryHelpLine.com. “Workers’ Compensation Claim | Local Injury Lawyer.” Injury HelpLine: Injury Resources & Local Lawyers. Accessed August 9, 2017. http://www.injuryhelpline.com/workers-compensation/local-injury-lawyer.aspx/?ref=WGIH&state=conne ticut&city=hartford&Topic=work-injury&campaign=lawyer&keyword=%2Bwork%20 2Bcomp%20%2Blawsuit&matchtype=b&device=c&affiliate_id=__iv_n_g_m_b_k_%2 work%20%2Bcomp%20%2Blawsuit_t__c_160749940211_l__r_1t1_p_1_g_157229982 1_d_c_v__vi__&affiliate_id=__iv_p_1_a_265151281_g_15722998201_w_kwd-242877 1413_h_9003386_ii__d_c_v__n_g_c_160749940211_k_%2Bwork%20%2Bcomp%20 2Blawsuit_m_b_l__t__e__r_1t1_vi__&gclid=CjsKDwjw5arMBRDz9cK2uen9ORIkAA mJexsa8-eIRm1YLwAkgg9x7SXjLX2c10tQHGlejS8PnQAGgJ-zvD_BwE.
Laurence (J.D.), Beth. “Filing a Workers Compensation Lawsuit | DisabilitySecrets.” Www.disabilitysecrets.com. Accessed August 9, 2017. http://www.disabilitysecrets.com/resources/disability/filing-a-workers-compensation-lawsuit.htm.
Wadsworth, Margaret. “Connecticut Workers’ Comp Claims: Eligibility, Filing, and Appeals | DisabilitySecrets.” Www.disabilitysecrets.com. Accessed August 9, 2017. http://www.disabilitysecrets.com/resources/workers-compensation/connecticut-workers-comp-claims-elig.
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