Workers' Compensation

Injured workers are often confused about their rights when they are injured on the job. Tooher & Wocl LLC is experienced in handling workers’ compensation claims. We will take the time to explain your rights. We will insure you will receive the benefits to which you are entitled.

The Connecticut Worker’s Compensation Act is intended to provide wage replacement, as well as medical treatment, for those employees who have been injured, disabled, or killed while performing their jobs. Employees injured or ill due to a work-related accident or due to working conditions are eligible for benefits under the Workers’ Compensation Act. Generally, employees are prohibited from suing their employers or co-workers for causing their injuries unless they can prove that their employers or co-workers intended to cause them injury. However, injured workers may sue a third party if they believe that another party was responsible for an employee’s injury or illness. Also, if an injury was caused by a co-worker’s operation of a motor vehicle, Connecticut law allows an injured worker to sue a co-worker for the negligent, reckless or intentional operation of a motor vehicle.

When an employee is injured in the course of his or her employment duties, the injured worker is entitled to a number of statutory benefits. These workers’ compensation benefits include:

Payment of Medical Expenses

An injured worker is entitled to payment of 100% of any reasonable and necessary hospital, surgical, therapeutic, chiropractic, diagnostic, pharmaceutical or other medical expense ordered by the injured worker’s authorized treating physician. There are no co-pays or deductible. All reasonable and necessary health care expenses caused by a work related injury are covered.

Temporary Total Disability Benefits (Wage Replacement Benefits)

Whenever an employee is unable to perform any job, he or she is eligible to receive Temporary Total Disability benefits. The value of these benefits is calculated depending upon the earnings of the injured worker. The purpose of Temporary Total Disability payments is to compensate the injured worker for a portion of his lost wages.

Relapse or Recurrence of a Pre-existing Injury or Illness

When an employee suffers a relapse or recurrence of a prior injury or illness, he or she may receive benefits for the period of the relapse or recurrence. These benefits are designed to compensate the injured worker for a portion of his lost wages.

Temporary Partial Disability (Permanent Injury Benefits) (Restricted Duty)

When an employee is able to perform some type of work(often called "restricted duty"), but not the worker’s normal job, then, he or she may receive Temporary Partial Disability benefits. These payments again compensate the injured worker for a portion of his lost wages.

Often the employer can accommodate this "restricted duty" and the employee returns at their former rate of pay. If there is a lesser wage paid, the employee is entitled to 75% of the wage differential.

If the employee cannot accommodate the "restricted duty" request and:

1. the physician attending an injured employee certifies that the employee is unable to perform his usual work but is able to perform other work;

2. the employee is ready and willing to perform other work in the same locality; and

3. no other work is available, the employee shall be paid his full weekly compensation.

the employee shall be paid his full weekly compensation. This will involve doing appropriate "job searches" in order to qualify.

Permanent Partial Disability

When an employee suffers a permanent disability as a result of a work-related injury or illness, he or she may receive Permanent Partial Disability benefits. This type of benefit serves as a compensation, not for lost earnings, but for having suffered a permanent injury to some part(s) of the body. These benefits, again are valued based upon an injured worker’s earnings. The injured worker is compensated for the permanent injury or disability he or she has suffered.

Additional “308a” Benefits for Permanent Partial Disability

A Workers’ Compensation Commissioner, in his or her discretion, may also grant benefits to an employee equal to 75% of the difference between the wages currently earned by an employee in a position comparable to the position held by the injured employee prior to his injury, based upon the claimants permanent disability.. These are known as “308a” benefits and are discretionary. That is, a Commissioner may or may not award these benefits, based on his or her review of an employee’s request for benefits and any evidence which supports such a request.

Job Retraining Benefits

The Worker’s Compensation Act also provides for vocational rehabilitation for those employees who are injured at, or who become ill from, their work and who cannot return to the work which caused the injury or illness. Such employees may be eligible for such rehabilitation from the Workers’ Compensation Commission’s Rehabilitation Services.

If you have a serious work related injury, illness or disability, please contact us to discuss you case. We will advise you as to your rights and we will get you the compensation you deserve. Please call Ted Hendrie at 203.517.0456 or contact him by email at thendrie@tooherwocl.com.