What is a work related injury?

We receive many calls from people who might have valid Workers' Compensation cases.  If you have suffered an injury on the job, then you can file a Workers' Compensation claim, and receive benefits under Connecticut's Workers' Compensation Act.  In many instances, these benefits are very valuable.  So, what is a work injury was qualifies under the Act?  What is a work related injury?

While it may seem obvious, it is not.  

The general rule is this:  In Connecticut, a work related injury is an injury that arises out of the employment, and occurs in the course of the employment.  

This means that it occurs during the time you are working, and at your work location, or at a location incidental to your work location.  There are also some instances where a work related injury is an occupational illness, or one that is caused from repetitive trauma.  But generally, the injury occurs on the job during work hours.  

Why is this important?

If injury is "work related,"  then you can receive Workers' Compensation benefits.  Those benefits include medical coverage, pay for lost time from work, payments for mileage to get medical care, and payments for a permanent condition.  Normally, Workers' Compensation benefits are paid sooner than monies you might otherwise receive after filing a civil lawsuit.  

What about a car crash on the job?  Do I have to choose between a civil lawsuit, or a Workers' Compensation claim?  How does that work?

There are some instances when you suffer an injury on the job that is also caused by someone else's negligence.  For example, if you are in a car crash on Rt. 95 Northbound while traveling for work from New Haven to New London, Connecticut.  Assume the car crash was caused because the other driver was texting, and crashed into your car from behind because he was not paying attention.  In that situation you would have the right to (1) sue the other driver for compensation for your harms and losses in a civil lawsuit and (2) the right to file a Workers' Compensation claim.  You would have two cases.

But remember, you can't recover twice for the same harms and losses.  This means that if you receive a settlement or monies from the civil lawsuit you must reimburse the Workers' Compensation carrier for any monies they paid you.  The reimbursment rules are complicated.  In Connecticut, there a complex rules that will never permit you to receive a double recovery.  That never happens. 

Where to get more information.

If you believe you have suffered a serious injury on the job or otherwise, and need help then call us.  We are here to answer your questions about serious injuries in Connecticut.  Call The Bartinik Law Firm, P.C. at 888-717-4211.  Our main office is at 100 Fort Hill Road, Groton, Connecticut, and we have offices in Shelton, and East Berlin, Connecticut as well.  

Peter J. Bartinik, Jr.
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Civil Trial Attorney, Practicing Law in Connecticut