If an employee is injured on the job, they are often eligible for a kind of insurance policy carried by their employers called workers’ compensation. While countless people have benefited from this program, they may not fully understand it. Here is a brief guide to help you better understand this program and the ways it can help you.

A Guide to Workers’ Compensation

What is it designed to do? 

Workers' compensation is essentially an insurance policy that state law requires employers to carry. Each state has its own rules regarding the policy an employer must purchase, but the general principle of the program remains the same across all states.

The program guarantees two outcomes if an injured employee files a claim. First, it ensures that the employee is not held at fault and does not have to prove negligence on behalf of his or her employer. Second, it establishes that the employee cannot sue the employer if the claim is accepted and paid out. Employees can only sue their employer if they can establish that the employer intended to harm them. 

If the employer does not carry the state-mandated policy, they can face penalties in addition to being sued for damages by the injured party.

How does the claims process work? 

The injured employee must notify their employer in a timely manner. Under Connecticut law, you have one year from the date of the accidental injury to file a claim. If you have an occupational disease or chronic condition that resulted from your job, you have three years from the first appearance of symptoms. You should also seek medical attention promptly. 

It’s best to begin the process as soon as possible. Delayed reporting or treatment can in some cases prompt the employer to dispute or deny the claim. 

What injuries are eligible? 

Worker's compensation can cover a wide range of injuries and medical costs, provided the injured party was not in violation of state or federal law or of company policies at the time of the incident. Injuries caused away from work are not eligible. 

Among the items covered are:

• Medical costs

• Wage replacement

• Disability or long-term injury expenses

• Compensation for survivors 

Who is eligible to file a claim? 

Most employees are covered by workers' compensation. Citizenship status, age, tenure, and part-time status do not impact this. In nearly every industry, small and large companies alike have to provide these protections. The only major exception is for individuals who work in private homes for no more than 26 hours per week. 

If you have suffered an injury or illness as a result of a workplace accident, you are entitled to workers' compensation. Contact the personal injury attorneys at the Law Office of Thomas L. Brayton III in Waterbury, CT, for assistance with filing your claim. He is a 2019 Avvo® top-rated lawyer and has served New Haven and Litchfield counties for over 30 years. Call (203) 591-8689 for a consultation. Visit his website to learn more about his practice areas.