How Long Does A Workers’ Compensation Claim Remain Open in Connecticut
June 3, 2021
Workplace injuries can lead to severe bodily damage, create disabilities, and in worst cases, even cause death. The consequences can be life-changing and impact a person’s future ability to earn a livelihood for themselves or their families. In Connecticut, the Connecticut Workers’ Compensation Act provides financial compensation for medical costs and treatment expenses, current and future income loss, partial and total disabilities, and survivor benefits for workers who suffer injuries at work, develop an occupational disease, or get killed on the job.
However, Connecticut law has set certain timelines for filing and claiming different types of workers’ compensation, which if not followed, may negatively impact an employee’s right to receive that compensation under the law. If you experienced a workplace injury and want to understand how long a workers’ compensation claim remains open in Connecticut, contact our experienced legal team today at (203) 663-2803 to learn how Robert Sciglimpaglia, a Connecticut Workers’ Compensation Attorney, can help you with your case.
Steps To Take After Suffering A Workplace Injury
If you suffered any kind of a workplace injury, you may feel overwhelmed and unsure of your next steps. Consider taking these steps after your workplace injury or illness, which may reduce the chances of a workers’ compensation claim becoming time-barred under Connecticut law.
Report The Injury To Your Employer
An employee should immediately report a workplace injury to his or her employer. In many cases, these steps can be found in an employee handbook. If you are unsure who to submit the report to, ask your manager or supervisor to ensure that your report gets to the right person. Often, a delay in reporting the workplace injury leads to denial of compensation claims, so it is crucial that employees report their injury in a timely fashion after the accident or discovery of the illness.
File Form 30C
An official written notice of claim through Form 30C should be filed with the employer by the employee. The form should also be sent to the Connecticut Workers’ Compensation Commission (WCC) Form 30C should be sent by registered or certified mail and the employee should preserve the return receipt from the United States Post Office in order to prove that they actually mailed this document to the WCC.
Employer’s Insurer Details
The employee should discuss the accident or illness with their employer, and attempt to obtain the employer’s insurance company details.
Time Limit For Filing A Workers’ Compensation Claim in Connecticut
In the state of Connecticut, the time limit for filing a workers’ compensation claim depends upon the type of injury sustained by the employee in the workplace.
If the employee suffers an accidental injury during the course of their employment, then he or she has a time period of up to one year to file an official claim for workers’ compensation. However, it is always more advantageous to file the claim as soon as possible after the injury.
If the employee develops a disease as a direct result of workplace conditions, then he or she has a time period of up to three years from the date of the first manifestation of the symptoms of the disease to file a workers’ compensation claim.
The time-limit requirements are fulfilled only by filing Form 30C. The First Report of Injury or employer’s accident report will not fulfill these requirements. If you are unsure how to complete these forms, or have questions regarding your workplace injury, consider visiting with an experienced workers’ compensation attorney to learn more about your legal rights.
Employer’s Duty After Receiving Form 30C
After the employer receives Form 30C from the employee, a First Report of Injury is sent to the employer’s insurer. The employer/insurer should act within the time limits set by law.
Acceptance of Claim
If the insurer or employer accepts the workers’ compensation claim, they should start the payments within 28 days of receiving Form 30C.
Disputing the Claim
If the insurer or employer disputes the workers’ compensation claim made by the employee, they should send a Form 43 denial within 28 days of receiving the notice.
No Action Taken By Employer
If no action is taken by the employer or insurer within 28 days of receiving the written notice of claim, the employer loses their legal right to dispute the workers’ compensation claim and automatically assumes full responsibility and liability to pay the employee workers’ compensation benefits. If workers’ compensation payments are commenced within 28 days, the employer then has up to one year of time to contest the claim.
If you suffered a workplace injury and want to understand how long your workers’ compensation claim will remain open, contact our legal team today to learn how Robert Sciglimpaglia, a Connecticut Workers’ Compensation Attorney, can help you understand all of your legal rights and options.
How Long Does An Injured Worker Receive Workers’ Compensation Benefits?
The answer to how long workers’ compensation claims remains open in Connecticut depends upon a number of factors including the nature of the injury, the settlement progress between the parties involved, and the rehabilitation plan.
Types of Workers’ Compensation Benefits
In the state of Connecticut, there are two types of workers’ compensation benefits provided to an injured employee. These include costs for medical care and treatment as well as compensation for lost wages. If the injured worker is unable to return to work, he or she will start receiving payments after being disabled for three days. The wage loss benefits will continue until the worker can return to their place of employment and the workers’ compensation claim will remain open during that period of time. If the injured worker does not actually miss any work but receives medical treatments of any kind, he or she will receive benefits up to the time medical care is required.
If an injured worker participates in a rehabilitation plan, the workers’ compensation claim remains open until the plan is completed, even if the actual claim is closed through a final settlement.
After an injured worker receives the initial award of compensation, he or she has a time period of five years to file for additional compensation if the injury worsens.
A medical treatment claim may remain open indefinitely if it can be proved that the medical treatment is required due to the same work-related injury.
Settling a Workers’ Compensation Claim
In Connecticut, there can be two types of settlements for workers’ compensation claim:
When a workers’ compensation claim is settled through a voluntary agreement, it implies that the insurance company has accepted the claim and has agreed to pay the employee certain benefits. However, a voluntary agreement with an insurance company does not completely prevent future workers’ compensation claims. An injured worker can petition for additional benefits if there is a worsening of the injury.
In Connecticut, a stipulation is a full and final settlement of a workers’ compensation claim. Under such an agreement, the injured worker accepts a defined sum of money to permanently close the workers’ compensation claim. Usually, the payment is made in a lump sum amount, but installment payments can also be made.
A stipulation cannot waive an injured workers’ right to rehabilitation. Sometimes, depending upon the agreement between the parties, certain rights such as the right to receive future medical care may be left open in a stipulation.
From the viewpoint of an injured worker, settling a workers’ compensation claim has both advantages and disadvantages. A thorough financial analysis of all the future aspects related to the injury and loss of work must be done before one decides to settle. Visiting with an experienced workers’ compensation attorney can help you understand which options are available to you, and help you understand all of your legal rights.
Learn How A Connecticut Workers’ Compensation Attorney Can Help You Today
Claiming compensation for workplace injuries is a complex process. Workers’ compensation claims often remain open in Connecticut for different period of time, which can be confusing to employees. Additionally, different parties are often involved and various deadlines and procedural steps may be necessary in order to receive the compensation you deserve.
If you suffered a workplace injury and want to understand more aobut your legal rights, considering contacting Robert Sciglimpaglia, a Connecticut workers’ compensation attorney at 203) 663-2803 to ensure your legal right to compensation remains protected.