Wednesday, October 22, 2014

Connecticut Worker's Compensation Benefits

Employees who are injured on the job in Connecticut may pursue benefits through the state's workers' compensation system. The Workers' Compensation Act states that all employees are covered, regardless of full- or part-time status, from the first day of employment. There are several different types of benefits that may apply. In most cases, the primary concern is the provision of medical treatment benefits. If medical treatment benefits are applicable, the employer is responsible for choosing the medical facility, and the employee designates the attending physician. Permanent partial disability benefits may apply in a situation where an employee has suffered partial, permanent loss of the use of one or more body parts as a result of an on-the-job injury. If an employee is able to work after an injury but not able to perform the same type of duties or work for the same number of hours, then he or she may be eligible for temporary partial disability benefits of up to 75 percent of the difference between current earnings and previous earnings. Those who are totally disabled may be eligible for temporary total disability at the rate of 75 percent of previous weekly earnings. Both of these benefits are calculated on an after-tax basis and are subject to other limitations. The Connecticut workers' compensation system may also provide job retraining benefits for employees who are unable to return to their previous jobs. If a previous work injury or illness recurs later, the employee may be eligible for relapse or recurrence benefits during the period of relapse. In some situations, discretionary benefits may be available after all of an employee's PPD benefit has been paid. Discretionary benefits are awarded on a case-by-case basis following an informal hearing. A workers' compensation attorney may be able to provide advice regarding the types of benefits that may apply in a particular work injury case or assist with the filing and pursuit of claims. Source: State of Connecticut Workers' Compensation Commission , "Information Packet", October 11, 2014 Please call our Hartford Worker's Comp Injury Law firm at 860-523-8783 for a free discussion of your case.

Physician heal thyself

There is an epidemic of Connecticut orthopedists, primarily back guys, who do not wish to get involved in helping injured Connecticut workers if their injury is over a year old. I'm sorry. Did they tell you there was a one year limitation period on helping people when you went to medical school? If I ran the Connecticut worker's compensation commission I would send these practices a strongly worded letter indicating that if they wish to be allowed to treat worker's comp injuries, they need to take all comers. If I picked and chose my clients the way these guys do, most of them would find themselves without a lawyer, and that's not something I will let happen. If you need a Hartford, Connecticut worker's comp lawyer, give us a call. I will help you out.

Thursday, October 16, 2014

Connecticut Construction Site Accidents

Construction sites are arguably the most dangerous work sites due to the type of work being done. Construction involves heavy duty tools and equipment and without the property safety precautions, accidents can result in devastating injuries. The site owner or manager is often responsible for making sure the workers are fully trained and provided with the proper safety equipment. Unfortunately, negligence of construction site owners happens and workers can suffer because of it. Some of the common types of construction accidents include: Slip & fall, trip & fall and other falls Machinery accidents Crane accidents Electrical accidents Scaffolding accidents Chemical accidents Falling object accidents There are countless causes and reasons behind the occurrence of these accidents, but as an injured worker you can fight for compensation. Defective products and equipment is one of the leading causes of an accident. Whether it is a defective ladder, power tool or piece of safety equipment, the potential injuries are endless. The most common type of construction accident is a fall; 300 out of 1,000 construction worker fatalities each year are due to falls. It is imperative to have the proper harness equipment and protection to keep workers safe on a construction site. If you have been injured in a construction accident, it is important that you seek medical attention right away. In order to pursue damages, you will need to report the accident to your employer. After doing so, you need to preserve evidence of the accident by taking photographs and collecting witness information. Witnesses can provide information about the accident and help you create a strong case. Team up with a Hartford construction accident lawyer
from the Law Offices of James F. Aspell, PC if you are an injured construction site worker. Our firm offers a free case evaluation so you can discuss your case with us at any time. We have more than 25 years of experience representing injured victims and we can help you, contact u

Pre-Existing Conditions and Connecticut Worker's Compensation

The Compensation Review Board has recently decided a case involving the "aggravation" of a pre-existing condition by the work environment. Their decision may have significant impact on a number of Claimant's. Please call us at 860-523-8783 for a free discussion of your matter,

One Law, Many Names

When talking about the law that handles claims for a work injury, most people use this phrase: Connecticut Workers Compensation The official term that the State of Connecticut uses is: Workers' Compensation The "shortcut" term used by many people is simply: Workers Comp There are, however, many different phrases people use to refer to the law and system for helping a person who has suffered a work injury. Here is a list: Workers Compensation Workers Comp Workmans Comp Work Compensation Worker Compensation Workmans Compensation Work Comp Worker Comp Injury Compensation Workman's Compensation Worker's Compensation Workmen's Compensation Workman Comp Workman's Comp Worker's Comp Workmen Compensation No matter what you call it, if you are injured on the job in Connecticut you need a skilled and competent Hartford, Connecticut worker's comp attorney. Call us today for a free consultation. There are no fees or costs of any kind unless we recover money for you.

Wednesday, October 15, 2014

How is A Connecticut Wrongful Death Case Valued?

Connecticut law imposes specific regulations over the damages that a jury can grant a plaintiff in a wrongful death case. The jury must make its decision based on reasonable probabilities according to the evidence and is not entitled to speculate or guess about the injuries or losses that the decedent suffered. One of the types of damages that a jury may award is economic damages for expenses and monetary losses that the plaintiff incurred because of the negligence of the defendant. Included in economic damages are the necessary and reasonable costs for medical treatment that the decedent received for the injuries suffered prior to death. It also includes reasonable funeral and burial costs. The plaintiff has to prove that these expenses were sensibly essential and that the defendant's negligence resulted in those expenses. The jury may also award the plaintiff for the destruction of the decedent's ability to earn money. This is based on the decedent's wages prior to injury and death and on the probable length of time that the decedent would have lived had death not occurred because of the defendant's negligence. Probable income taxes and necessary personal living expenses are deducted from the probable lifetime earnings, resulting in the fair amount of damages that the plaintiff could be awarded. The administrator of estate of a decedent who, for example, dies in a work-related accident because of the employer's negligence has the right to file a wrongful death lawsuit against the employer. If the decedent did not receive medical treatment prior to death, a jury may award the administrator of estate economic damages for funeral and burial costs and for the destruction of earning capacity. However, the administrator of estate might also receive economic damages for medical costs if the decedent received treatment prior to death. Source: Connecticut Judicial Branch, "3.4-7 Damages - Wrongful Death", October 07, 2014

OSHA Proposing Fines in Cell Tower Collapse that Killed 2

BLAINE, Kan. – Following the death of two workers from the collapse of a cell tower they were dismantling March 25, the U.S. Department of Labor's Occupational Safety and Health Administration has cited Wireless Horizon Inc. for two willful and four serious safety violations. OSHA placed the company in the Severe Violator Enforcement Program* following the incident. So far in 2014, 11 workers have lost their lives nationwide in the communication tower industry; and 13 deaths occurred in 2013. No more falling workers. Disturbing trend in communication towers-related workder deaths "Two families have lost their loved ones in a preventable tragedy. No one should ever have to endure that loss. Inspecting and ensuring equipment is in good working order is a common-sense safety procedure that stop injuries and fatalities," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "OSHA expects tower owners and operators, such as Wireless Horizon, to protect their workers on job sites in this hazardous industry by increasing training and implementing all known safety precautions. Our nation's growing need for telecommunications should not cost workers their lives." The tower technicians, ages 25 and 38, were using a load-lifting gin pole attached to the side of the tower with a wire rope sling. The sling failed, causing the gin pole to fall and bring the tower down with it. One of the employees was above the gin pole near the top of the tower, and the second employee was approximately 20 feet below the pole. Both workers fell to the ground during the collapse. As the tower fell, it also struck an adjacent tower, causing it to crumble as well. One of the employees had been with the company two months, while the other employee had only been working there for five months when the incident occurred. OSHA's inspection found that the equipment the company provided the workers was in poor repair. The company did not use proper engineering plans to ensure the workers were protected against this type of collapse. OSHA's investigation found that Wireless Horizon failed to inspect the wire rope slings prior to use and provide protection to the slings when rigged over sharp objects. These failures resulted in the issuance of two willful violations. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health. Wireless Horizon also failed to conduct an engineering survey and develop a rigging plan prior to beginning the demolition process. Additionally, the company did not provide the technicians a load chart for the gin pole in use or operator manuals. OSHA issued four serious citations for these violations. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. OSHA has proposed penalties of $134,400 for the company, based in St. Peters, Missouri. Wireless Horizon employs approximately 60 workers, including four that were present at the Blaine job site on the date of this fatal incident. To view current citations, visit http://www.osha.gov/ooc/citations/WirelessHorizonInc_964654_0919_14.pdf*. This company has been inspected by OSHA on two previous occasions since 2005, and OSHA issued multiple serious violations both times. OSHA is collaborating with the National Association of Tower Erectors and other industry stakeholders to ensure that every communication tower employer understands their responsibility to protect workers performing this very dangerous work. OSHA has created a Web page targeting the issues surrounding communication tower work to help employees and employers better understand the risks of tower work and how to prevent injuries and fatalities in this industry. Wireless Horizon has 15 business days from receipt of the citations to comply; request an informal conference with OSHA's area director in Wichita, Kansas, or contest the findings before the independent Occupational Safety & Health Review Commission. To ask questions; obtain compliance assistance; file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742). Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov. If you or a loved one are victim of a Connecticut Construction Accident please call our office for a free discussion on your rights under our Connecticut Worker's Compensation Laws.