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The Workers' Compensation Act
The Connecticut Workers' Compensation
Act was first enacted in 1913. There have been numerous
changes to the Act since that time, but the main premise
of the Act has always been to provide wage replacement
and other benefits, as well as medical treatment, for
those employees who have been injured, disabled, or
killed while performing their jobs. In most cases, such
employees are ONLY eligible for benefits under the Workers'
Compensation Act and are prohibited from suing their
employers for benefits. (However, employees and/or employers
may sue a third party, if they believe that another
party or a product was responsible for an employee's
accident.)
The Workers' Compensation Commission
The Workers' Compensation Act also
sets up an administrative system to provide for workers'
compensation benefits. The agency created in the Act
is the Connecticut Workers' Compensation Commission,
which administers the statutes of the Act.
Workers' Compensation Benefits
When an employee is injured on or
becomes ill from the job, he or she becomes eligible
for a number of statutory benefits:
1. Necessary Medical Treatment:
The most immediate concern in cases
of occupational injury or occupational disease is the
health and physical well-being of the employee.
2. Monetary Benefits:
In addition to necessary medical
treatment, the employee may be incapacitated from work
for a period of time, during which he or she is eligible
for wage replacement benefits according to statute:
1. 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 in different ways, depending
upon the date of the work-related injury or illness.
2. When an employee suffers a relapse
or recurrence of the original injury or illness, he
or she may receive benefits for the period of the relapse
or recurrence. The value of these benefits is calculated
based upon the original date of the injury or illness
and the wages earned at that time and at the time of
the relapse or recurrence.
3. When an employee is able to perform
SOME type of work, but not the original full-duty work
which caused the injury or illness, he or she may receive
Temporary Partial Disability benefits. These are also
valued at different amounts, depending upon the date
of injury or illness. However, in many cases these benefits
will be the same amount as those the claimant received
while totally disabled.
4. When an employee suffers a permanent
disability, he or she may receive Permanent Partial
Disability benefits, which serve as compensation not
for lost earnings, but for having suffered a permanent
and partial disability to some part(s) of the body.
These benefits, again, are valued differently according
to the date of the injury or illness which caused the
disability.
5. An employee who suffers a disfigurement
or scar due to a job injury or illness may be eligible
for Disfigurement and Scarring benefits. The value of
an award for disfigurement or scarring depends upon
the nature of the disfigurement or scar and whether
it falls within the statutory definition for benefits.
6. In addition to the statutory benefits
listed just above, a Workers' Compensation Commissioner
may also grant benefits to an employee for any number
of reasons which the claimant may present (i.e., still
unemployed but looking for a job, going through a job
retraining program and needs living funds for a short
period, etc.). 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 a claimant's request for benefits and any evidence
which supports such a request.
3. Vocational Rehabilitation:
The Workers' 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 vocational
rehabilitation from the Workers' Compensation Commission's
Rehabilitation Services unit.
Summary
This is only a very brief overview
of the benefits provided by the Connecticut Workers'
Compensation Act. More detailed information about benefits
and many other aspects of the workers' compensation
system is contained within the pages of the State
of Connecticut Workers’ Compensation Commission
website.
Be sure that your in-home business
is properly and adequately insured. Our agency can help
you get the most appropriate coverage for your home
business.
Any other questions? We'll be glad
to help. Call 860-283-0278
.
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