Legal Question in Workers Comp in Connecticut
What are my benefits when injured at work?
In was injured at work a week ago. a 230 pound peice of iron fell on my right hand and severly cut my middle finger. I had surgery on my hand to repair the tendon and nerve. I dont know how the surgery went yet.
The insurance agent came to me today to get a statment of the accident and to explain my benefits. I understand I only get 60% of my gross pay. Is there any way to get the rest of my pay? I already know that I will be 500 dollars short at the end of the month to pay my bills because of this.
Also, I have no use of my right hand for now and im sure that in the final stages of recovery that there will be permenent damageto my middle finger. The insurance agent mentioned to me about a monetary reward that the company calculates. Just to interject this, I am also a classical pianist and computer guru for which I need full use of all ten digits. Will the insurance company justly and fairly compensate me for my permenent damage, taking all my activities into consideration? Or do I need a lawyer to help me get a fair reward?
1 Answer from Attorneys
Hurt on job in CT
Here's an excerpt from an FAQ I wrote:
WORKERS' COMPENSATION If you were injured on the job, you should receive full coverage of medical expenses, plus wage compensation payments,from your employer's workers' compensation system. A completely separate agency exists to resolve disputes over this type ofbenefit. Unfortunately, the workers' compensation laws generally make it impossible to sue your employer for additional damages,such as pain and suffering. But other parties may have additional liability.
(end of FAQ)
You absolutely should start looking for a lawyer to protect your rights. Generally, workers comp is a fixed percentage of your average income. Two-thirds in many states, which roughly equals after-tax income. CT seems to be less. There may be provision for "specific loss" when a part of the body is amputated or rendered unusable, but that depends on the state statute, so you need your own lawyer to advise you. DON't take the insurance agent's word for it; he may act sympathetic, but his job is to pay as little as possible on the claim.
The bad thing about W/C is that the factors of your pain, possible loss of keyboarding ability on both piano and computer are irrelevant. When you're able to go back to your old job, the weekly benefits will stop.
So what you really need a lawyer for is to investigate whether the falling metal can be linked to some type of equipment defect. If you can sue a third party, then the full scope of damages, for all your lost earnings, etc., will come into play.
Also, did you make money playing piano? Is so, those earnings should be included, if Connecticut recognizes the doctrine of concurrent employment, to figure your average wages.
The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.