You spend a lot of time at work, so it’s possible that you will suffer an injury there at some point. The odds might be higher if you work in a dangerous industry or your job involves heavy machinery, but anyone can get hurt at work.
Getting compensated for injuries that happen at work can be complicated. Most people can claim workers’ compensation benefits, but the program won’t cover all your losses.
Talk to a Torrington work accident lawyer at D’Amico & Pettinicchi, LLC, about an injury you suffered on the job. Depending on the circumstances, you could file a personal injury claim against a third party seeking reimbursement of the losses workers’ compensation doesn’t cover, plus money for your pain and suffering.
Every employer in Connecticut must participate in the workers’ compensation program—the only exceptions are sole proprietors and LLCs with only one employee. Some executives can choose to opt out of coverage, but their employers must participate.
Workers’ compensation gives you free medical care for your injury when you get hurt at work. If you can’t work, the program will pay you a percentage of your average weekly wage until you can resume your duties. If your injury is permanent—for example, hearing loss, amputation, or a back injury that prevents you from performing your job—workers’ compensation provides specific permanent disability payments.
In return for these benefits, you can’t sue your employer for a work-related injury. That means you must absorb the percentage of your wages you won’t get paid, and you get nothing for your pain and suffering. However, our Torrington attorneys can often investigate a work injury and find other people, companies, or government agencies that might be partially responsible for the accident, and you could claim compensation from them.
Someone other than the injured person and employer often has at least partial responsibility for a work accident. This is called third-party liability. Third-party liability is especially likely when you share a job site with employees of other companies, when your job duties sometimes take you off-site, and when you work around potentially dangerous machinery.
If you are in a car accident while driving between your employer’s offices, you could bring a claim against the at-fault driver. If malfunctioning machinery injures you, the machine’s manufacturer might have liability. If you slip on a wet floor in city hall while filing documents for your employer, the city could be responsible for compensating you. If an independent contractor working at your job site creates a dangerous condition that injures you, they are responsible for paying compensation.
When you bring a workplace accident claim against a third party, your Torrington work injury lawyer must prove their negligence was a direct cause of your injury. The third party could owe you the portion of your wages workers’ compensation did not pay, unreimbursed expenses connected with seeking treatment, plus money to compensate for your:
People are sometimes inclined to just see how a situation plays out when they get a work-related injury. They cross their fingers that they will heal well and be able to get back to work soon. Unfortunately, waiting to see how things go is often an unwise strategy.
It’s best to talk with a Torrington attorney at our firm as soon as possible after your work injury. They can review your circumstances and evaluate whether a third-party claim is viable. If you wait to explore your options, you risk losing some of your rights.
Connecticut General Statutes § 52-584 requires someone hurt in an accident to file a lawsuit within two years of the injury. You will almost always lose the right to sue if you miss the deadline. If the state, city, or a government agency might be partially responsible for your injuries, you must file a notice within three to six months of the injury, depending on the type of claim, or lose your right to pursue compensation. Consulting a legal professional soon after the injury can preserve your right to sue a responsible third party.
Workers’ compensation provides valuable benefits but doesn’t cover all your losses. A Torrington work accident lawyer at D’Amico & Pettinicchi, LLC, can investigate your situation to determine if a claim against a third party is possible. If so, you could recover the expenses workers’ compensation didn’t cover and get money for your pain and suffering.
Don’t delay seeking legal advice. Call today to discuss your situation with a caring attorney. We offer both Zoom and in-person consultations at no cost to you.