Decisions in Derby Workers’ Compensation Cases

Derby workers should know that if they are injured on the job, they are covered under Connecticut’s workers’ compensation law. This law includes wage replacement benefits, administrative procedures, and rules for your return to work. Our attorneys stand ready to assist injured Derby workers with navigating their workers’ compensation claims. Learn more on this page.
Connecticut’s Workers’ Compensation Act addresses the claims of workers that were injured on the job. The purpose of this law is to ensure that employees receive wage replacement benefits and necessary medical treatment to compensate them for their workplace injuries. Every employee, regardless of whether they are part-time or full-time, is fully covered by benefits provided by the Workers’ Compensation Act from their very first day of employment.

Benefits

If you have been injured in a Derby workplace accident, you may be eligible to receive the following workers’ compensation benefits:

Temporary Total Disability: When you miss time from work because your injury or illness prevents you from working, you are eligible to receive these wage replacement benefits. If your treating doctor confirms that your injury will cause you to miss time from work, you are eligible to receive wage replacement benefits. This is at a rate of 75% of your after-tax-and-social-security average weekly wage, based upon the wages earned before the injury (up to 52 weeks).

Temporary Partial Disability: When you can perform some work, but not the same kind of work, or the same number of hours that you worked before their injury, you can receive this benefit. This benefit rate is 75% of the after-tax-and-social-security difference between the amount they are currently earning and the amount that they would have earned barring an injury.

Permanent Partial Disability: This benefit is paid to the injured worker who has sustained a permanent partial loss of use of a part of the body as the result of their workplace injury. The exact amount of the benefit that will be received is based upon the body part that was injured, the doctor’s determination of the percentage of that body part that has been disabled, and the employee’s basic workers’ compensation rate.

Medical Treatment: You have the right to receive all necessary medical care and treatment for your injuries. All bills and prescription medicines for your necessary medical care should be fully paid for by your employer’s workers’ compensation insurance provider. You don’t need to pay these bills.

Job Retraining: If you can’t do your job due to the extent of your injuries, you can receive free vocational rehabilitation and training from the Workers’ Compensation Commission’s Rehabilitation Services.

Hearings and Appeals

Often there is a dispute about how to proceed in a workers’ compensation case. There is no jury for workers’ compensation cases. Instead, the Administrative Law Judge serves as an impartial mediator and fact finder for workers’ compensation hearings.

Workers’ compensation provides for several levels of informal and formal administrative hearings. The first level of the administrative hearing is the Informal Hearing. This is a conference held at a District Office before a Judge. The purpose of this informal conference is the negotiation and resolution of the case. If the parties cannot reach an agreement, the issue can move forward to a Formal Hearing.

In Formal Hearings,  exhibits are submitted into evidence, witnesses can testify under oath, and a record of the hearing is preserved. Before the Formal Hearing, the Administrative Law Judge will hold a Pre-Formal Hearing to attempt to resolve issues and disputes ahead of the Formal Hearing. After the Formal Hearing, the Judge makes a decision. In the written decision, the Administrative Law Judge decides facts and determines what will happen next. The written decision is binding unless an appeal is made. Appeals are made to the Compensation Review Board (known as the CRB).

A small amount of cases go through the appeal process. The CRB consists of the Workers’ Compensation Commission Chairman and two Judges. The CRB does not try cases again, but simply determines if the original finding should stand.

If you face a Derby workplace injury, Connecticut’s Workers’ Compensation Act provides you with valuable benefits. Our attorneys can ensure that you receive all benefits that you are entitled to receive. You do not have to represent yourself. You do not have to go it alone. We are here to help.