tag:blogger.com,1999:blog-14571719333198483572024-02-07T21:19:58.100-08:00Course and Scope: A Connecticut Worker's Compensation Law BlogA legal blog with a unique point of view written and Published by The Law Offices of James F. Aspell, P.C.. We are a full-service firm in suburban Hartford, Connecticut practicing with a special emphasis on worker's compensation and personal injury law. We pride ourselves on personal attention to your matter giving you small firm attention but big firm results.Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.comBlogger238125tag:blogger.com,1999:blog-1457171933319848357.post-73539595912738323882019-08-07T20:49:00.002-07:002019-08-07T21:01:06.687-07:00I was injured at work! I've struck it richThere is and always has been a certain percentage of workers compensation claimants that think their on the job injury is a ticket to Easy Street. More often than not, however, this is not the case. And in those cases that do settle for large sums, the injured worker has suffered catastrophic injuries, been gravely disfigured, or will never be able to return to gainful employment. It's a trade off I suspect most people would not want to make.
In Connecticut, by and large the value of your case is driven by your base compensation rate: BCR. This is a number that is derived by calculating your average weekly wage for the 52 weeks preceding your injury and then, using a table provided by the Workers Compensation Commission, arriving at your weekly benefit rate which is approximately 60% of your weekly wage.
If your comp rate is $200 each week, the value of your case will be significantly less than a workers whose comp rate is $900 per week. It's a matter of mathematics.
I took a look at a web page from a large Maryland Worker's compensation firm. They publish their case settlements and I have reported it below.
In perusing the settlements, it will quickly become clear to you that worker's compensation is not a get rich quick scheme. Most cases settle for modest amounts and the injured worker heals and goes on with their life.
Please know that at my office, I will always endeavor to obtain the best financial result for you and have over 30 years experience getting that done.
And now, the reported settlements from Maryland:
Injury: Plantar Faciatis
Body Part: Left Foot
Amount: $6,080.00
Employer: The Greene Turtle
Location: Hagerstown, MD
Claimant sustained injury after moving a heavy object. Claimant underwent surgery to repair the issue with the foot and returned to pre-injury employment.
Injury: Distal bicep rupture
Body Part: Arm
Amount: $27,375.00
Employer: Southwest Airlines
Location: Baltimore, MD
Claimant sustained injury after lifting heavy objects at work. Claimant underwent surgery to repair the ruptured bicep. Claimant returned to pre-injury employment.
Injury: Left knee sprain and lumbar strain
Body Part: Knee and back
Amount: $10,660.00
Employer: LabCorp
Claimant slipped and fell on ice. Claimant was treated with therapy and medications.
Injury: Torn ACL
Body Part: Knee
Amount: $36,015.00
Employer: A tree cutting and maintenance company
Claimant sustained injury after catching himself from falling from a tree. Claimant underwent two surgeries, including a total ACL reconstruction. Claimant has permanent work restrictions.
Injury: Cervical and thoracic strains
Body Part: Neck and back
Amount: $10,950.00
Employer: State of Maryland
Location: Baltimore, MD
Claimant was injured after being involved in a motor vehicle crash while at work. Claimant was treated with therapy for the injuries sustained.
Injury: Tear of the peroneus brevis tendon
Body Part: Ankle
Amount: $12,562.50 for worsening (total award is $33,500)
Location: Baltimore, MD
Claimant slipped and fell at work injury the ankle. Claimant reopened the claim for surgery. Claimant had therapy following surgery.
Injury: Disc protrusion
Body Part: Neck
Amount: $7,150.00
Claimant was injured after a heavy object struck Claimant in the head. Claimant had an injection to the neck and therapy.
Injury: Calcaneus fracture
Body Part: Foot
Amount: $35,000.00
Employer: Stewart Sun Rooms
Claimant fell from a ladder while at work causing a fracture in the left calcaneus. Claimant had surgery and was able to return to pre-injury employment.
Injury: Fracture of the fourth metatarsal neck
Body Part: Foot
Amount: $10,950.00
Employer: Maryland State Police
Claimant was in training when he fell and injured the foot. Claimant was treated with bracing and observation from the orthopedic surgeon.
Injury: Post comminuted fracture, left tibia, with internal fixation using nails and screws
Body Part: Leg and ankle
Amount: $42,588.00
Claimant was involved in a motor vehicle collision while at work. Claimant had surgery to repair the broken leg. Claimant underwent therapy post-operatively.
Injury: Lumbar strain
Body Part: Back
Amount: $45,000.00
Employer: Prince George’s Community Hospital
Claimant was injured after moving a patient at work. Claimant was treated with therapy and injections. Claimant returned to pre-injury employment.
Injury: Concussion, cervical strain, lumbar strain
Body Part: Head, neck, back
Amount: $7,040.00
Claimant was injured after being struck by a car while working. Claimant was treated with medication and therapy for the injuries sustained.
Injury: Concussion
Body Part: Head
Amount: $10,000
Employer: CVS
Claimant was involved in a motor vehicle crash while working. Claimant was treated with medical visits and medications.
Injury: Lumbar strain
Body Part: Back
Amount: $4,175.00
Employer: MedStar
Location: Baltimore
Claimant sustained injury after pushing a patient bed at work. Claimant was treated with physical therapy and returned to pre-injury employment.
Injury: Torn Labrum
Body Part: Shoulder
Amount: $60,025.00
Claimant was working as a machine assembly mechanic and fell off a stool. An MRI revealed a tear of the superior and posterior glenoid labrum which required surgery to repair. This was followed by physical therapy before a full duty work release.
Injury: Torn Rotator Cuff, Wrist Sprain, Knee Contusion
Body Part: Hand, Leg, Shoulder
Amount: $53,837.50
Employer: State of Maryland
Location: Baltimore City
Claimant tripped and fell getting off an elevator that did not level property. This resulted in shoulder surgery, a knee injection, and physical therapy for all three body parts.
Injury: Contusion
Body Part: Knee
Amount: $2,805.00
Location: Aberdeen, Maryland
Claimant was working as a truck driver when several pallets fell out of the truck and struck the knee. Claimant was treated with anti-inflammatories and physical therapy.
Injury: Sprain/Strain
Body Part: Bilateral Wrists
Amount: $7,320.00
Location: Sykesville, MD
Claimant was at work loading boxes of bread onto a pallet and tripped and fell. Claimant was treated with wrist splinting and physical therapy.
Injury: Fracture
Body Part: Ankle
Amount: $32,467.50
Location: Dedricktown, NJ
Claimant was working as a truck driver and was injured stepping down from the truck bed. The injury required surgery in the form of an open reduction internal fixation with lateral plate and stabilization. After postoperative physical therapy subsequent procedures were performed to remove the plate and syndesmotic screw. The Claimant was able to return to preinjury employment.
Injury: Sprain/Strain
Body Part: Hand/Wrist
Amount: $2,150.00
Employer: Southwest Airlines
Location: BWI Airport
Claimant sustained a hand/wrist injury handling luggage at work. Claimant was treated with medication and physical therapy.
Injury: Back Sprain/Strain
Body Part: Back
Amount: $4,075.00
Employer: Southwest Airlines
Location: BWI Airport
Claimant was lifting a heavy case from a baggage cart to a transfer cart and sustained a back injury. Claimant was treated with medication and physical therapy.
Injury: Ulnar Neuropathy
Body Part: Elbow
Amount: $2,100.00
Employer: Southwest Airlines
Location: BWI Airport
Claimant sustained an elbow injury handling luggage at work. Claimant was treated with medication, an elbow sleeve and physical therapy.
Injury: Lateral Malleolus Fracture
Body Part: Ankle
Amount: $10,000
Injured worker was working as a construction worker when he slipped on a beam and fractured his right lateral malleolus. Claimant underwent conservative treatment after he was taken out of the supportive boot and went through physical therapy. Claimant was able to return to a similar job type with a different employer.
Injury: Burns/Disfigurement
Body Part: Back
Amount: $3,780
Claimant went for treatment at Amazon facility and was subsequently burned on her back resulting in scarring to the area. Claimant was able to return to work after conservative care of her skin.
Injury June 28, 2018
Body Part: Wrist/Hand
Amount: $20,000.00
Location: Baltimore County
Client developed carpal tunnel syndrome in non-dominate hand as a result of her work as a nail technician. Injured worker underwent a surgical release. The claim was contested. Settlement was reached with the Employer/Insurer for the an amount that covered all of her lost wages and permanent injury. Claimant returned to work in the same position for a new employer. No additional medical care is expected.
Injury November 7, 2017
Body Part: Head, Neck and Back
Amount: $25,500.00 for both Plaintiffs
Location: Baltimore City
Insurer: GEICO
Husband and wife were involved in a motor vehicle collision in Downtown Baltimore. Both sustained injuries to their head, neck and back. Conservative care with no surgical indications. Claim was contested by GEICO and suit was filed in the Circuit Court for Baltimore City. After depositions, liability was admitted and the claims were settled pre-trial.
Injury: November 13, 2018
Body Part: Arm
Amount: AFCS for $6,400.00
Location: Harford County
Client sustained a compensable accidental injury while working for the Employer at the Aberdeen Proving Grounds. Non-surgical treatment for approximately 2.5 months. Claimant returned to work for the same employer and eventually left for another job opportunity. No additional medical care is expected. Claim was settled in part due to unrelated, but significant, legal problems for the Client.
Injury: April 17, 2018
Amount: $375,648.00 total death benefits, $7,000.00 funeral expenses
Location: Montgomery County
Dependency claim for spouse. Worker fell from a scaffolding and died ten days afterward. Worker left behind a wife and two adult children. Wife worked part-time for a drycleaner. A dependency claim was filed and hearing held where wife was deemed to be the sole dependent. Medical benefits, funeral expenses and dependency benefits were awarded. Benefits to the wife will be paid for the next twelve years and will equate to total payments of $375,648.00 ($31,394.00 per year).
Injury: November 12, 2018
Body Part: Back
Amount: $7,500.00
Location: Baltimore City
Client sustained a twisting/lifting back injury while loading a patient into a transportation van. Claim was initially contested, but resolved prior to a hearing. After a period of treatment and being out of work, Claimant returned to work for a different employer in a similar job. Claim was settled pending a permanency hearing. No surgery was recommended and no additional medical care was foreseeable.
Injury August 21, 2018
Body Part: Shoulder and Back
Amount: $5,074.00
Location: Baltimore City
Insurer: Allstate
Client was the passenger who was involved in a motor vehicle collision. Her husband was deemed to be at-fault for the collision. She sustained injuries to her neck and back and underwent conservative care for about two months. She filed a claim against the motor vehicle insurance policy and the case was settled prior to suit being filed.
Body Part: Shoulder
Amount: 10% “other cases” PPD for left shoulder, 9% causally connected and 1% due to pre-existing conditions. $8,235.00 PPD
Location: Howard County
Employer: Vantage House
Client was working in the kitchen of a residence community. Foot caught the edge of a raised rubber kitchen mat – fell into the wall and then struck the floor. Primary injury was to shoulder. Claimant sought emergency care and underwent physical therapy as recommended by his primary care physician. No surgery was recommended. After conservative care, Claimant returned to work as a cook for another location. Claim was tried for permanency and not settled because of the concern that Claimant may need additional medical care in the future.
Injury August 28, 2018
Body Part: Fingers/Hand
Amount: $20,093.25. 5% index finger; 82% middle; 72% ring; 11% pinky.
Location: Anne Arundel County
Employer: 84 Lumber Co.
Client sustained injuries and partial amputation to four of the fingers on his left hand. His hand was caught in, and cut by, a router blade. He was taken to the emergency room where surgery was performed to repair and stabilize the damage. After a few months of post-surgical hand therapy, the Claimant returned to work for the same employer in the same job. The Claimant’s permanent injuries were examined and a hearing on the permanency disability was scheduled. The Insurer wanted to pay the claimant’s permanency as a “hand” claim, but we negotiated a stipulation for permanency for each individual “finger” as “finger” injuries can be more lucrative to a Claimant than a “hand” injury. This increased the value of the permanency assessment 280%.
Injury November 28, 2001
Body Part: Pulmonary/Lungs, Kidneys, Hypertension.
Amount: $82,232.40. 340 weeks of PPD at $241.86 per week.
Location: Baltimore City
Employer: Mayor & City Council of Baltimore
Client was a firefighter for Baltimore City. As a result of his work, he developed asthma and hypertension. After a period of time and despite active medical care, the Claimant’s asthma developed into chronic obstructive pulmonary disease (COPD). His hypertension caused him to developed stage III kidney disease. The Mayor & City Council challenged the causal connection of the additional medical conditions, but the Commission ruled in the Claimant’s favor. The Commission also awarded the Claimant a “serious disability” permanency award. The M&CC was able to claim an offset due to Claimant’s pension because both conditions were “presumed” to be caused by his exposure to toxic substances during his 30+ year firefighting career. The Claimant had originally been granted permanency just for asthma and hypertension. This was a “reopening” for worsening of his permanent condition due to the development of the new medical conditions.
<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhdbYcluKqOv_Xnm6NoafFkQ7JemErNP1PhCD4tg3fKN7KXUwnMBv0qKBYwxL8xb_SJpeIWpQcJRlcx6BnA8Hu36LpWOEk8b2weXDEzKiSmDAHvdVW9ZGciuCZNLXaDcfHP1ND1q4O9H0MH/s1600/money.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhdbYcluKqOv_Xnm6NoafFkQ7JemErNP1PhCD4tg3fKN7KXUwnMBv0qKBYwxL8xb_SJpeIWpQcJRlcx6BnA8Hu36LpWOEk8b2weXDEzKiSmDAHvdVW9ZGciuCZNLXaDcfHP1ND1q4O9H0MH/s400/money.jpg" width="400" height="296" data-original-width="165" data-original-height="122" /></a></div>Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-25041899288454231002019-07-21T21:28:00.000-07:002019-07-21T21:28:05.220-07:00United Parcel Service Workers Com ClaimsUPS Workers Compensation Lawyer for Work Injury Claims in Connecticut
United Parcel Service (UPS) is the largest package delivery company in the world. With more than 400,000 employees, UPS, also referred to as “Brown” because of its trademark brown delivery trucks and uniforms, is everywhere.
If you’re looking for a UPS workers compensation attorney in Connecticut with experience helping injured UPS employees, please consider the Connecticut Injury Attorney at the Law Offices of James F. Aspell, P.C.. We are here to help you through this difficult time – from formally filing your UPS claim with the Connecticut Workers Compensation Commission all the way through the negotiation of your permanency award, post permanency 31-308a orders, and if desired, the negotiation of a full value settlement of your Connecticut UPS work injury claim.
If you’re ready to hire a workers compensation attorney, but want to learn more about UPS workers compensation claims, we offer free in person and telephone consultations for you to give you accurate advice on what to do if you’re hurt in a UPS work accident.
UPS Workers Compensation Insurance Can provide Help for Injured Employees
In Connecticut all employers must carry workers compensation insurance for their employees. This insurance coverage is available to employees who sustain an injury by accident arising out of and in the course of the employment that either causes a new injury or aggravates a pre-existing condition. Yes – you can receive Connecticut workers compensation benefits for the aggravation, acceleration, or exacerbation of a preexisting condition. This is good news for UPS employees with physically demanding jobs who may have been hurt in the past.
Connecticut workers compensation law also covers occupational illnesses, such as carpal tunnel syndrome and hearing loss. UPS employees who use their arms and hands to move and deliver packages, or who are exposed to loud noises in the plane or warehouse, may receive benefits for their work-related disease.
If you prove that your injury or illness is covered under the Connecticut Workers’ Compensation Act, then you may receive the following benefits:
• Payment of medical expenses for treatment for your UPS work injury. This includes mileage to and from appointments, surgeries, prescription medication, and many other treatment modules. Contact us now if your workers compensation medical bills are being sent to collections.
• Wage loss benefits including temporary total disability, temporary partial disability, and permanent and total disability benefits if you are unable to return to work following your UPS work accident or suffer wage loss because you’re restricted to light duty.
• If you suffer the loss of or loss of use of a body part, or if a burn injury or surgical scar leaves you disfigured after a UPS accident, then you may qualify for permanent partial disability or scarring benefits under the Workers Compensation Act.
• Vocational rehabilitation if you’re unable to return to your UPS job because of your work accident or occupational illness. Vocational rehabilitation may include payment of school-related expenses if you enroll in classes to switch careers.
Though the workers compensation system is supposed to be efficient and less litigious than civil courts, it is often not. Don’t be surprised if UPS or Liberty Mutual, which manages UPS’s workers compensation claims in Connecticut, refuses to accept your claim right away. That’s why you should contact an experienced UPS workers comp lawyer like James F. Aspell right away. Our office will take all of the necessary steps to file your claim, obtain and argue the medical evidence, and present your case to the Commissioner at a workers comp hearing,. With the assistance of experienced workers compensation attorney James F. Aspell, you have a better chance of getting the workers comp benefits you need after your UPS work accident.
Common UPS Workers Compensation Claims
UPS has several subsidiaries, including: The UPS Store; UPS Supply Chain Solutions; UPS Capital; UPS Airlines; UPS Express Critical; UPS Freight; UPS Logistics; UPS Mail Innovations; UPS Professional Solutions; and, UPS I-parcel. This is a long way of saying that UPS has many types of employees with different occupations and job responsibilities.
If you are a package handler or delivery driver, then you probably do a lot of heavy lifting, walking, and climbing. This can lead to injuries such as:
• Herniated disks
• Cervical strains and sprains
• Lumbar strains and sprains
• Shoulder injuries, including rotator cuff tears
• Knee injuries, including ligament tears
Those of you who are UPS truck drivers face additional workplace dangers. You may be involved in a motor vehicle accident while completing your route. Common UPS tractor-trailer truck driver accident injuriesI nclude:
• Amputation injuries and crushed bones
• Broken bones and fractures
• Burns
• Concussions and traumatic brain injuries, which can lead to depression, anxiety, and memory loss
• Deep cuts requiring stitches
• Neck injuries and whiplash
• Spinal cord injuries
No matter your job at UPS or your job responsibilities, you may be entitled to workers compensation benefits as an employee of UPS. These benefits can pay for medical expenses and lost income.
You may also be entitled to additional damages, including pain and suffering, through a third-party personal injury claim if your on-the-job injuries were caused by someone else’s negligence.
Injured While Working for UPS in CONNECTICUT ?
UPS workers compensation lawyer Jim Aspell is ready to help if you were hurt while working in Connecticut . We help all UPS employees in the state, including those who work at the following UPS locations:
UPS Customer Center
90 Locust Street
Hartford, CT 06115
UPS Customer Center
84 Insurance Lane
Windsor Locks, CT 06096
UPS Supply Chain Services
1 Choice Rd
Windsor Locks, CT 06096
UPS Freight
130 North Plains Industrial Rd
Wallingford, CT 06492
UPS Customer Center
8 Mountain View Rd
Watertown, CT 06795
As a UPS employee, you deserve a lawyer with experience not only in workers compensation claims but also in obtaining Social Security Disability Insurance (SSDI) benefits and negotiating personal injury settlements when the motor vehicle crash is caused by a third-party. The Law Offices of James F. Aspell P.C. can help. As a Social Security disability lawyer and Hartford personal injury attorney, Mr. Aspell has helped hundreds of employees injured on the job, including those hurt in UPS work accident claims, recover related benefits through other available legal systems.
An Experienced UPS Workers Comp Lawyer You Can Count On
We’re here to guide injured UPS employees through the Connecticut workers compensation system. This includes UPS employees who are members of labor unions like the International Brotherhood of Teamsters, as well as those who do not belong to a union. There is no fee unless we get you approved for benefits or negotiate a settlement on your behalf. Our initial consultation is always free and at no obligation to you.
Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-77627390042380908572019-06-10T20:40:00.000-07:002019-06-10T20:40:10.216-07:00Nursing in Connecticut is a Dangerous gigNEW SPOTLIGHT ON NURSE WORKPLACE INJURIES
“Nursing: A Profession in Peril,” a five-part series of reports by consumer watchdog group Public Citizen being released over the spring and summer 2015, explores injuries to healthcare workers, potential methods to reduce these injuries, the policy positions of stakeholders and potential solutions. Occupational Safety and Health Administration (OSHA) data show healthcare workers perennially suffer more injuries — requiring time away from work — than those of any other profession, and many of these injuries result from handling patients.
Public Citizen released part one, “The Health Care Industry’s Castoffs: Nurses Injured at Work Often Find Themselves Out of Work and Suffering from Chronic Pain,” on June 9 and part two, “Taking the Burden Off Their Backs,” a week later.
NUMEROUS INJURIES
In 2013, the healthcare and social assistance industry reported 629,500 cases of injury and illness cases to the Bureau of Labor Statistics. That’s 152,000 more cases than in manufacturing, the next highest industry sector. Nearly half (48 percent) of injuries that resulted in days away from work were due to over-exertion or bodily reaction, which includes motions such as lifting, bending, or reaching. Musculoskeletal disorders (MSDs) accounted for 33 percent of all injury and illness cases in 2013, and workers who sustained MSDs required a median of 11 days to recuperate before returning to work, compared with 8 days for all types of cases.
PAYING THE PRICE
When a healthcare employee gets hurt on the job, hospitals pay the price in many ways: workers’ compensation for lost wages and medical costs; temporary staffing, backfilling, and overtime when injured employees miss work; turnover costs when an injured employee quits; and decreased productivity and morale as employees become physically and emotionally fatigued. Workplace safety also affects patient care. Manual lifting can injure caregivers and also put patients at risk of falls, fractures, bruises, and skin tears. Caregiver fatigue, injury, and stress are tied other problems. Nationwide, workers’ compensation losses result in a total annual expense of $2 billion for hospitals.
“Taking the Burden Off Their Backs” outlines a number of recommended technologies and policies to reduce injuries to nurses and other caregivers. It describes devices that assist in lifting, transferring and repositioning patients. Because most musculoskeletal injuries in the hospital setting are cumulative, any steps to minimize risks during patient handling tasks will offer substantial benefits for hospital caregivers.
Even if patient handling equipment is available, experts concur that successful patient handling programs rely on management directives to succeed, such as written policies and committees governing patient handling practices, methods for employees to report concerns or incidents without fear of retribution, reliable systems to measure incidents and injuries, and the existence of policies that align physical stress demands with employees’ capabilities. According to the report, only a fraction (between 3 and 25 percent) of hospitals have comprehensive safe-patient handling programs.
THE RIGHT SUPPORT
“It’s unconscionable that so many caregivers on the front lines are relegated to using archaic technology to perform their jobs,” said Taylor Lincoln, research director for Public Citizen’s Congress Watch division and author of the report. “Hospitals should provide the necessary equipment and management support to ensure that caregivers are spared lifting requirements that jeopardize their health.”
When properly implemented, safe-patient handling programs work. For example, the New York State Department of Health Veterans Home at Batavia reports that it saw a reduction from having an average of nine FTE employees out of work per day due to patient handling injuries to just 0.5 employees after instituting a program that minimized manual lifting.
If you are a Nurse in Connecticut and have been hurt on the job, and have questions about your rights and obligations, feel free to call us. Note that no attorney client relationship is established until a signed retainer agreement is on file with the firm. This blog post is offered as free advice only.Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-50489551696794807742019-06-10T20:20:00.000-07:002019-06-10T20:20:12.853-07:00I got hurt working for Pratt & Whitney? Now what do I do?United Technologies employs thousands of employees in Connecticut. UTC workers get injured at the main plant in East Hartford, at Pratt & Whitney Middletown, at Hamilton Sunstrand in Windsor Locks and at Otis Elevator in Farmington and Plainville.
Common East Hartford Job injuries at Pratt and Whitney include back sprains, herniated discs, neck injuries, torn rotator cuffs, shoulder injuries and knee and hip claims. We have over 30 years' experience working with injured Pratt and Whitney workers to get you your benefits and your treatment.
If you work for Pratt and Whitney in a manufacturing or aircraft mechanic role, you may encounter a number of dangers while at work. These common industrial workplace hazards can lead to accidents and injuries including:
Severe burns when working near heat sources or using corrosive cleaners
Permanent respiratory problems from exposure to paint fumes and harsh chemicals
Disc injuries in the neck and back after lifting heavy materials
Hand, wrist or finger Joint damage from repetitive, daily movements while assembling parts
Deep cuts or broken bones if machines malfunction
Hand and arm injuries
Forklift accidents
When you work for Pratt & Whitney, you may be entitled to receive workers' compensation benefits. These benefits will help you with your recovery regardless of your job title or the type of on-the-job injuries you receive. Call our Hartford Workers Comp Law office today for a free consultation. There are important time limitations that need to be followed in order to protect your rights. Be sure to k now these or hire a knowledgeable <a href="http://www.aspelllaw.com">Connecticut work injury lawyer</a> to help you.
Pratt and Whitney job injury settlements: We can negotiate your Connecticut workers compensation settlement. We have extensive experience working with injured workers in resolving their serious Connecticut work injury claims as quickly as possible. We can resolve eye claims, back claims, shoulder and knee claims, foot, leg and hip injuries, as well as all sorts of contested Connecticut work injury claims. Call our Hartford work injury lawyer today for a free evaluation of your matter.
Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-54076768165705764132019-06-06T21:04:00.002-07:002019-06-06T21:04:19.016-07:00Repetitive Trauma InjuriesRepetitive trauma injuries accumulate over time and often result in severe injuries for construction. Construction workers operate in hostile environments where life-changing accidents are common, but cumulative stress injuries caused by repetitive motion, exposure to toxins, vibrations, loud noises, or sustained positions can be just as debilitating.
Cumulative Trauma Explained
Cumulative trauma refers to a series of small injuries or prolonged exposure to a hazardous environment or physically demanding work that can accumulate into life-altering injuries. Cumulative trauma usually coalesces in the muscles, bones, joints, nerves, tendons, spinal cord, and other vulnerable areas. Cumulative stress injuries can result in long-term pain or disability, increased medical costs, and lost wages if the worker is unable to perform his duties due to the injuries.
Sources of Cumulative Injuries
Cumulative injuries result from exposure to regular duties in construction. For example, construction workers who are exposed to loud noises on a persistent and prolonged basis can suffer injuries to their hearing and other vulnerable body parts over time. Workers who engage in repetitive activities also suffer from serious injuries. Specifically, electricians and trim carpenters are vulnerable in their hands, joints and shoulders because the repetitive motion wears out their joints and tendons.
Continuous exposure to toxins, even those that are “safe” or in “low-doses” can damage the brain and cause other injuries. Moreover, construction employees who regularly stand or sit on vibrating surfaces also incur significant wear and tear on their bodies. Workers who regularly perform awkward- or heavy-lifting also suffer damage to their hips, knees, and back – even if they lift properly. Exposure to loud noises, heavy lifting, and repetitive motions can cause subtle but detectable injuries which, over time, can result in disabilities which could require the worker to take an extended leave from work to recover.
Possible Injuries
Exposure to various incidents can result in a broad range of injuries, including but not limited to:
Carpal tunnel in the joints (particularly wrists);
Tendon and joint problems (such as tendonitis, bursitis, and arthritis);
Deafness;
Cancer;
Lung problems; and
Hand-arm vibration syndrome which is significant nerve damage in the hands and arms due to vibration exposure.
Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-38997348453120257992019-05-20T20:45:00.000-07:002019-05-20T20:45:03.702-07:00Why Would My Employer Deny My Claim?
Did the injury occur at work?
The answer to why an employer would dispute a workers' comp claim is simple and boils down to a single five letter word: money. Like any other type of insurance product, employers pay premiums to provide workers' compensation benefits to workers (in most states, this is mandatory). Premium amounts are directly affected when injured workers file for benefits.
Premium Costs
Logically, the more workers' comp claims that are filed, the higher the costs for employers. Workers' comp insurance premiums increase when more workers than estimated file for claims, or when an employee has a particularly expensive claim (for instance, requiring back surgery). It is for this reason that employers and their insurance companies routinely use investigative agencies to monitor the daily activities of workers who have filed workers' compensation claims.
Employer Bias
Unfortunately, many employers don't believe that some injuries are serious or even valid, especially cumulative trauma injuries. They assume that a worker who files for workers' compensation benefits on the basis of carpal tunnel syndrome, another repetitive stress injury, or a lumbar back injury is not being completely truthful (or is "malingering," the industry term for feigning sickness or disability for financial gain).
Employer bias is particularly strong against injuries involving inexplicable pain that cannot be wholly verified by medical examination, or even sufficiently verified by x-rays, other imaging, or nerve conduction studies. Does this mean that the injured worker who has constant back pain is malingering? Definitely not. Many medical conditions are difficult to objectively verify.
Reasons for Denial of a Claim
If your employer or its insurance company denies your claim, or any part of it, it should inform you in writing. Typical reasons given for denying a claim are:
You didn't suffer a serious injury.
Your injury didn't take place during work, or within the scope of employment.
You don't need medical treatment for your injury.
You don't need time off work for your injury.
Fighting a Denial of Benefits
If you receive a notice that your claim has been denied, call or write to your employer's workers' comp insurance carrier. If this doesn't solve the problem, hire a workers' comp lawyer and request a hearing with the state workers' comp board.
The bottom line is this: employees who have become injured or sick as a result of their job should file for workers' comp to protect themselves, and if their claim is denied, they should fight the insurance company, with the <a href="http://www.aspelllaw.com">help of a lawyer</a>. Whether or not the employer believes that the worker is legitimately injured will turn out to be irrelevant, and the worker shouldn't worry about whether the employer holds the employee in contempt for filing a claim. It is the worker's right to have time off work and medical treatment paid for; the worker has given up the right to sue the employer in exchange for the workers' comp benefits and should not feel guilty about using them.
Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-1076459235212283972019-05-18T22:06:00.000-07:002019-05-18T22:06:00.551-07:00Why do I Need A Board Certified Workers Compensation Specialist?I was <a href="http://www.aspelllaw.com">injured at work in Connecticut</a>. There was a witness. My contact at human resources assisted me with completing an incident report. I was on the clock and on the employer's premises when I was injured. Why won't the insurance company pay my benefits? Why am I waiting for medical treatment to be authorized?
What appear to be the most frequently asked questions by injured workers immediately following a work injury become increasingly more difficult to answer as time moves on during the pendency of a claim. The Workers' Compensation Act has evolved a long way since its' inception in 1913. However, several themes remain true and stand the test of time.
First, Connecticut's Workers' Compensation Act (the "Act") is meant to compensate the injured worker for their finanical loss and in particular - the weekly rate of pay that the employee lost as a result of the injury. If you are unable to perform any gainful employment as a result of the injury the Act protects against that loss. The inability to work must be substantiated by a physician. Once submitted, the employee gets paid her base compensation rate (a percentage of her average weekly rate) which happens to be non-taxable under the Act.
Where is my check? Well, upon further review the insurance carrier's responsible adjuster is not volunarily paying until they hit a few items on their checklist. Wages verification from the employer. Obtain confirmation from the first call center as to loss of work capacity. Are there restrictions? Can the employer accomodate the injured employee's circumstances? Has the employee completed the proper forms to determine an average weekly wage or base compensation rate?
Making matters more difficult, the injured worker's focus should be on getting better. The process of obtaining authorization for initial medical treatment from the responsible workers' compensation carrier can be an extremely difficult task especially for an individual and her family that did not expect to be thrust into difficult circumstances in an instant.
Who is the carrier? Who is the adjuster? How difficult is it to get me a claim number? Why is this nurse calling me and why is he allowed to walk into my doctor's office with me? How come I have to go to this urgent call center so many times without getting a referral to a specialist physician?
Another theme that stands the test of time is that the Act ensures the injured worker access to "reasonable and necessary" medical treatment. Again, this seems like an easy problem to solve. I'm hurt at work. Get me to a doctor. I have spent more time litigating an injured worker's right to proper care than I care to divulge. Why? It is costly. The process between physician office and responsible adjuster is cumbersome. The insurance carrier, much like the verifications made before making payment of lost earnings also needs to confirm several aspects of your medical picture before authorizing treatment. Has the injured worker signed the proper forms to obtain treatment? Was there a pre-existing injury or accident causing the need for treatment? Does the injured worker have private insurance to process the cost of medical treatment during our investigation? Has the doctor's office submitted the proper codes and documentation.
Do you see the common theme here? Navigating your claim has become increasingly difficult given the delays involved from the onset with respect to payment of benefits and rendering of medical care. The cost of benefits and treatment to the carrier often drive the contest of any claim. Even in "accepted" claims, the carrier will often litigate matters of import throughout the course of the claim.
Setting the tone early with the responsible workers' compensation carrier and claims adjuster when you have a serious work injury is important. Not every case necessitates the involvement of an attorney. However, it's extremely prudent to get the advice of one before the process gets out of hand. Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-17240402610647200722019-04-23T17:39:00.001-07:002019-04-23T17:39:56.410-07:00Venue in Connecticut Workers CompensationThis is the Location of the <a href="http://www.aspelllaw.com">First District Worker’s Compensation Commission</a> in Hartford. There are 8 District offices around the state and we appear in all of them. Which office handles your claim is a function of the location you were injured. Feel free to call with any questions about case venue.<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh_O3Z6NSRU0FbwkQL1YaJ2kqTWk4eMqrsHNhS3AhWPOnQICVae8rt9mJww8i5gDUQPv3kYQ2hI6lppLAuZSeJPxazmcUPo6dRwxibbQU5ZRNrchpyOrFS7N9hqrJ7yb_GRlS3b0wW2m0sR/s1600/Hartford.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh_O3Z6NSRU0FbwkQL1YaJ2kqTWk4eMqrsHNhS3AhWPOnQICVae8rt9mJww8i5gDUQPv3kYQ2hI6lppLAuZSeJPxazmcUPo6dRwxibbQU5ZRNrchpyOrFS7N9hqrJ7yb_GRlS3b0wW2m0sR/s320/Hartford.jpg" width="240" height="320" data-original-width="562" data-original-height="750" /></a></div>Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-36625857395029808912019-04-20T20:28:00.000-07:002019-04-20T20:29:21.036-07:00SI Joint Injuries. A Common Workplace OccurrenceSacroiliac joint Injuries
Overview
Sacroiliac (SI) joint pain is felt in the low back and buttocks. The pain is caused by damage or injury to the joint between the spine and hip. Sacroiliac pain can mimic other conditions, such as a herniated disc or hip problem. Accurate diagnosis is important to determine the source of pain. Physical therapy, stretching exercises, pain medication, and joint injections are used first to manage the symptoms. Surgery to fuse the joint and stop painful motion may be recommended.
What is sacroiliac joint pain?
The SI joints are located between the iliac bones and the sacrum, connecting the spine to the hips. The two joints provide support and stability, and play a major role in absorbing impact when walking and lifting. From the back, the SI joints are located below the waist where two dimples are visible.
Sacroiliac joint anatomy
Figure 1. The sacroiliac joints connect the base of the spine (sacrum) to the hip bones (ilium).
Strong ligaments and muscles support the SI joints. There is a very small amount of motion in the joint for normal body flexibility. As we age our bones become arthritic and ligaments stiffen. When the cartilage wears down, the bones may rub together causing pain (Fig. 1). The SI joint is a synovial joint filled with fluid. This type of joint has free nerve endings that can cause chronic pain if the joint degenerates or does not move properly.
Sacroiliac joint pain ranges from mild to severe depending on the extent and cause of injury. Acute SI joint pain occurs suddenly and usually heals within several days to weeks. Chronic SI joint pain persists for more than three months; it may be felt all the time or worsen with certain activities.
Other terms for SI joint pain include: SI joint dysfunction, SI joint syndrome, SI joint strain and SI joint inflammation.
What are the symptoms?
The signs and symptoms of SI pain start in the lower back and buttock, and may radiate to the lower hip, groin or upper thigh. While the pain is usually one sided, it can occur on both sides. Patients may also experience numbness or tingling in the leg or a feeling of weakness in the leg.
Symptoms may worsen with sitting, standing, sleeping, walking or climbing stairs. Often the SI joint is painful sitting or sleeping on the affected side. Some people have difficulty riding in a car or standing, sitting or walking too long. Pain can be worse with transitional movements (going from sit to stand), standing on one leg or climbing stairs.
What are the causes?
The SI joint can become painful when the ligaments become too loose or too tight. This can occur as the result of a <a href="http://aspelllaw.com">fall, work injury, car accident</a>, pregnancy and childbirth, or hip/spine surgery (laminectomy, lumbar fusion).
Sacroiliac joint pain can occur when movement in the pelvis is not the same on both sides. Uneven movement may occur when one leg is longer or weaker than the other, or with arthritis in the hip or knee problems. Autoimmune diseases, such as ankylosingspondyloarthropathy, and biomechanical conditions, such as wearing a walking boot following foot/ankle surgery or non-supportive footwear, can lead to degenerative sacroiliitis.
How is a diagnosis made?
A medical exam will help determine whether the SI joint is the source of your pain. Evaluation includes a medical history and physical exam. Your physician will consider all the information you provided, including any history of injury, location of your pain, and problems standing or sleeping.
There are specific tests to determine whether the SI joint is the source of pain. You may be asked to stand or move in different positions and point to where you feel pain. Your doctor may manipulate your joints or feel for tenderness over your SI joint.
Imaging studies, such as X-ray, CT, or MRI, may be ordered to help in the diagnosis and to check for other spine and hip related problems.
A diagnostic SI joint injection may be performed to confirm the cause of pain. The SI joint is injected with a local anesthetic and corticosteroid medication. The injection is given using X-ray fluoroscopy to ensure accurate needle placement in the SI joint. Your pain level is evaluated before and 20-30 minutes after injection, and monitored over the next week. Sacroiliac joint involvement is confirmed if your pain level decreases by more than 75%. If your pain level does not change after the injection, it is unlikely that the SI joint is the cause of your low back pain.
What treatments are available?
Nonsurgical treatments: Physical therapy, chiropractic manipulation, and stretching exercises help many patients. Some patients may require oral anti-inflammatory medications or topical patches, creams, salves or mechanical bracing.
SI joint injection
Figure 2. A needle is gently guided into the sacroiliac joint using x-ray fluoroscopy. An anesthetic and corticosteroid mixture (green) is injected into the inflamed joint.
Joint injections: Steroids can reduce the swelling and inflammation of the nerves. Joint injections are a minimally invasive procedure that involves an injection of a corticosteroid and an analgesic-numbing agent into the painful joint (Fig. 2). While the results tend to be temporary, if the injections are helpful they can be repeated up to three times a year.
Nerve ablations: Injections into joints or nerves are sometimes called “blocks.” Successful SI joint injections may indicate that you could benefit from radiofrequency ablation – a procedure that uses an electrical current to destroy the nerve fibers carrying pain signals in the joint.
Surgery: If nonsurgical treatments and joint injections do not provide pain relief, your physician may recommend minimally invasive SI joint fusion surgery. Through a small incision, the surgeon places titanium (metal) implants and bone graft material to stabilize the joint and promote bone growth. The surgery takes about an hour. The patient may go home the same day or following day. For several weeks after surgery, the patient cannot bear full weight on the operated side and must use crutches for support.
Sacroiliac joint fusion
Figure 3. In a sacroiliac joint fusion, rod and/or screw devices are placed across the joint to stop painful motion.
Recovery and prevention
A positive attitude, regular activity, and a prompt return to work are all very important elements of recovery. If regular job duties cannot be performed initially, modified (light or restricted) duty may be prescribed for a limited time.
Prevention is key to avoiding recurrence:
Proper lifting techniques
Good posture during sitting, standing, moving, and sleeping
Regular exercise with stretching /strengthening
An ergonomic work area
Good nutrition, healthy weight, lean body mass
Stress management and relaxation techniques
No smoking
Our office is well versed in SI joint injuries and can help you find appropriate treatment and receive compensation where appropriate. Call us anytime with any questions we can answer.<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg_P7UWLW3p7G6aT60CKgX6Ck6dxfKEYwG1wACsd7SxSElLHtUwMVAa-Ur-1XtOoVwAIhGvq2FxUl87Ew9XhSLOs_sOD9dElOJholgAAM8kiL_mTps5bvj1rFO6gzi0JUMbF9Y8FRhyphenhyphenwA-j/s1600/SIJ.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg_P7UWLW3p7G6aT60CKgX6Ck6dxfKEYwG1wACsd7SxSElLHtUwMVAa-Ur-1XtOoVwAIhGvq2FxUl87Ew9XhSLOs_sOD9dElOJholgAAM8kiL_mTps5bvj1rFO6gzi0JUMbF9Y8FRhyphenhyphenwA-j/s320/SIJ.jpg" width="320" height="320" data-original-width="200" data-original-height="200" /></a></div>Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0Hartford, CT, USA41.7658043 -72.67337229999998341.6710563 -72.834733799999981 41.8605523 -72.512010799999985tag:blogger.com,1999:blog-1457171933319848357.post-9648997637546705782019-04-09T17:29:00.001-07:002019-04-09T17:29:21.825-07:00Amazon Injuries in ConnecticutAmazon is one of the largest employers in the Connecticut As a global leader in the shopping and deliver logistics, Amazon employs a wide range of people in Connecticut from ooffice professionals, to drivers, to package handlers.
Unfortunately, workplace injuries are a major issue at every company. If you are an Amazon employee who was hurt while on the job, whether you were working on the road, on the plant floor or in the office, you need to know how to protect your legal rights
At <a href="http://www.Aspelllaw.com">The Law Offices of James F Aspell, P.C.</a> Hartford workers’ compensation lawyers are proud to be committed advocates for employees throughout the state of Connecticut. Here, we highlight the five most important steps that injured Amazon workers need to take after a job-related accident.
Report Your Injury & File Your Claim Within the Deadline
Under Connecticut workers’ compensation regulations, both employers and employees have certain basic legal obligations. Injured workers must report their accident to their employer (usually your supervisor).
Reporting your injury is also the first step in filing a worker’s compensation claim. Once you report your injury, your supervisor (or perhaps a human resources worker or another representative) may provide you with a worker’s compensation claim form. If one isn’t provided, however, simply ask. Fill out the form and return it to your supervisor (or whomever your supervisor directs you to). This will begin your claim. However, you will also need to formally file a claim with the Connecticut Workers Compensation Commission through proper service of a Form 30C.
You Should Seek Immediate Medical Attention
It is critical that you seek medical care and let your provider know you were injured on the job. First and foremost, injured workers should see a doctor for their own health and well-being. Second, a medical provider should complete a report indicating you were injured on the job and what your restrictions are. Your claim will not be allowed without medical support.
A medical provider will help document your injuries and notify Amazon about what benefits are appropriate for you. This could save you time and trouble if you do it as soon as you reasonably can.
For many benefits, a medical provider’s opinion and certification will be required before appropriate benefits will be paid, which is another important reason to begin treatment.
File your Claim Within the Deadline
All your paperwork must be properly completed and submitted before the relevant deadline. For job-related injuries, Amazon workers generally have one year to file their claim. For occupational diseases, Amazon workers in Connecticut generally have two years from the date a physician tells them in writing that they have an occupational disease and that they may file a claim for it. If you do not file within the appropriate deadline, your claim will be forever barred. The sooner you file your workers’ compensation claim, the better your chances for a successful result.
You Have the Right to Protest a Claim Denial
Ideally, your workers’ compensation benefits will be paid in full soon after you submit your initial workers’ compensation claim. Unfortunately, that is not how the system always works. If your Amazon work injury claim is denied, (You receive a Form 43) you have the right to request a hearing with the Commissioner.
You Should Speak to a Workers’ Compensation Attorney
Full and fair workers’ compensation benefits can sometimes be difficult to recover. If you were hurt on the job while working at Amazon, and your work injury claim was denied, it is crucial that you seek professional legal guidance. Your Hartford, Connecticut work injury attorney will be able to conduct a detailed review of your claim to determine what action must be taken to protect your rights. You may still be eligible to recover workers’ compensation benefits.
At The Law Offices of James F. Aspell, P.C., our legal team is committed to fighting for the rights and interests of injured workers. If you or your family member was injured while working at an Amazon facility in Connecticut, we can help. For a free consultation, whether your claim has been allowed or denied, please contact our law firm today. We have offices in Farmington and represent Amazon employees throughout Connecticut.Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-48664306963413097292019-04-09T05:57:00.003-07:002019-04-09T05:57:28.931-07:00Please Consider joining our facebook Group!For those interested in the topic, I welcome you to join our facebook Group, "Ask a Connecticut Workers Compensation Attorney." Simply follow the link below! Lots of good information!
https://www.facebook.com/groups/316379752275068/Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-1473680418973937592019-04-02T18:18:00.002-07:002019-04-02T18:18:32.459-07:00Connecticut Workplace AssaultThe news yesterday told a story of a Connecticut Transit bus driver who was attacked by an irate passenger while simply trying to complete his route. Sadly,
Workplace assaults are for more common than you might think. Every day, transit workers, nurses, teachers and paraprofessionals, as well as social workers and convenience store attendants sustain injury when they are attacked while just doing their job. The Connecticut Workers Compensation system stands ready to help these folks with wage replacement, medical treatment and a host of other benefits. The procedure for filing a claim is no different that instituting any other Connecticut workers compensation claim. That is, the injured worker, or their attorney, properly serves a Form 30C on the employer and the District office having jurisdiction other the location where the injury occurred. From there, the process proceeds in due course. Please be aware an injured worker in Connecticut typically has one year from the date of injury to bring their claim.
Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-73689104072232426762019-03-26T20:56:00.000-07:002019-03-26T20:56:15.306-07:00I got Hurt on the Job in Connecticut. Can I pick my Doctor?One of the misconceptions many workers have is that the Connecticut Workers’ Compensation system requires a worker to undergo treatment for workplace injuries from a company specified doctor only. However, this is not the whole truth.
Are you able to pick your own medical provider?
The quick answer is ‘maybe’. While you are often times able to select your own physician to treat your work injury, there are occasions where your employer has a "medical care plan" in place. This is a pre-approved network of doctors your employer has agreed to pay for in case you get hurt while working in Connecticut. The managed care plan information should be available from your HR department and will provide you with doctors to choose from in many specialties.
If your employer has a Connecticut "managed Care Plan" then you will be required to seek treatment from a doctor from this list
If the employer has not fulfilled the above-described conditions, you can choose your own doctor in Connecticut immediately following your injury.
Regardless of injury, your employer may also mandate the need for a physical exam by a specified physician, under Connecticut General Statute Section 31-294f.
If you have questions about any of this, feel free to contact us in Farmington at 860-523-8783.<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiDQMYia2NNNspSFH4byZV0OsN0H3qOutrwnEdPK74Ezvtq6M8eYo71Q5Y85sYEQIyQ6GyQeQDeox3LrFMyNve8U-_ELtUAnbLMeZcFsMDHmi8FoCYLpV7E_9r83_IMFSWav5Wu5slRkFKp/s1600/images.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiDQMYia2NNNspSFH4byZV0OsN0H3qOutrwnEdPK74Ezvtq6M8eYo71Q5Y85sYEQIyQ6GyQeQDeox3LrFMyNve8U-_ELtUAnbLMeZcFsMDHmi8FoCYLpV7E_9r83_IMFSWav5Wu5slRkFKp/s320/images.jpg" width="320" height="179" data-original-width="300" data-original-height="168" /></a></div>
Read MoreLaw Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-76903070504838687192019-03-22T21:36:00.000-07:002019-03-22T22:02:28.819-07:00A Transition Period For Connecticut workers hurt on the job <div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh6HHTLA61Pu6atarcIdHEjUHSk2cW1TFl1bHs75jVwWNwlgtHjp54aEW2qJ1Aio6rkRmY9PrPMS5Qa-iHVlrpyROU_EvQM29SffB3NQlQZCfqKz5QePtx1YME5m2a3JNe6U_TMs423gp0e/s1600/hove+to.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh6HHTLA61Pu6atarcIdHEjUHSk2cW1TFl1bHs75jVwWNwlgtHjp54aEW2qJ1Aio6rkRmY9PrPMS5Qa-iHVlrpyROU_EvQM29SffB3NQlQZCfqKz5QePtx1YME5m2a3JNe6U_TMs423gp0e/s320/hove+to.jpg" width="320" height="240" data-original-width="480" data-original-height="360" /></a></div>
In sailing, we use the expression "heave to" to take a break and essentially put the boat in time out to rest during long periods of rough seas or stormy weather. I feel the same way about the current state of practicing workers compensation law in Connecticut. In the past year, we have seen the retirement of three very experienced workers compensation commissioners, and the appointment of a new chairman. These are the "judges" of your compensation case. They issue orders, preside over formal hearings <a href="http://aspelllaw.com">(Connecticut workers compensation trials</a>) and in general work to move business, resolve issues and help lawyers settle sometimes complex Connecticut job injury claims.
At the same time, I have noticed a huge influx of new, younger lawyers into the <a href="http://www.aspelllaw.com">Connecticut workers compensation</a> defense bar. These lawyers are for the most part earnest and want to do a good job for their clients. In their effort to do a good job for their client, most of these lawyers have no experience in the value of moving business, on in the practice of evaluating claims for settlement. This is not a slight. It is just a fact. It takes years in the trenches to get a feel of what a case is really worth and what is needed to move it. Most times, pointless depositions and time-consuming reviews of ancient medical records are not necessary. If an <a href="http://aspelllaw.com">injured worker</a> falls off a ladder and breaks her leg, it is pretty clear that the fracture resulted from the fall. These new lawyers are not yet comfortable accepting that yet.
This convergence of inexperienced Commissioners and inexperienced defense lawyers is resulting in a slow down in the moving of business. Neither the mediators over the case not the lawyers for the employer are comfortable enough taking a stand to move the matter forward. They are too wet behind the ears.
It is a tough time to be a claimant in Connecticut these days. While those of us who represent injured workers try to adjudicate their business, the lawyers and Commissioners seem content to heave to, not yet comfortable in navigating the heavy seas. Like anything else, this will pass. It is just going to take time. Eventually,the new commissioners will find their sea legs and begin to do the necessary to move the docket. For the time being though, be prepared to clip onto the jack line and slog along for a few months while we try and get your case to safe harbor.<a href="http://aspelllaw.com"></a>Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-62177822098714763072019-03-12T18:01:00.000-07:002019-03-12T18:01:14.567-07:00The Tedium of Job Searches Frequently in the life of a <a href="http://aspelllaw.com">Connecticut work injury</a> claim, there will be a period of time where you are required to do the dreaded "job searches." This situation typically arises when a worker, often a construction worker or heavy laborer, sustains an injury and is unable to perform the full range of their required job duties. For instance, while they heal their doctor may prescribe a 20-pound lifting restriction, or limit the use of overhead motion with an upper extremity. In an ideal world, your employer will be happy to work with you around your restrictions and find a job on site for you to perform. This is known as "accommodating" your restrictions. More often, however, the employer cannot accommodate you and would consider your presence to be more of a hindrance than a help. In such a case, job searches become a requirement.
The basic idea behind job searches is that the worker's compensation system does not wish to pay an injured employee who is capable of some work. To receive your benefit, you must look for work consistent with your restrictions. These job searches are now most often conducted online on such platforms as Indeed or Snag A Job. The injures worker must typically look for five jobs each week and record his or her efforts on a "Record of Employment Contacts" form. Your Connecticut work injury lawyer then takes this form which you give them and transmits it to the insurance company who in turns cuts you a check. So long as the searches continue to roll in, then so do the checks.
Keep in mind that insurance companies will often scrutinize your efforts. Please be sure to submit verifiable searches with jobs that actually exist and can be verified. Also, be sure to apply for positions in line with your abilities. It is fair to say that the stone mason who applies for a job as a concert pianist will be met with great skepticism by both the insurance company and the comp Commissioner.
In short, work with your <a href="http://aspelllaw.com">Connecticut work injury lawyer</a> to facilitate the job search process. As in all things workers comp related, he or she is the expert that will help you navigate the system successfully and get you healed and back to work as quickly as possible.
Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-52246257297646044542019-02-25T20:27:00.000-08:002019-02-25T20:27:06.446-08:00If you have to Take your Connecticut Work Injury Case to TrialI love questions from anyone.I do believe there are no dumb questions and when you ask me something I think should be obvious that just tells me we need to do a better job of explaining things.
A really good question I got recently was from someone who wanted to know what the odds were of winning their case? I'm not in the odds making business and I hate lawyers that make false promises just to make a client feel good or to get them to sign up.
What I do like to do is help you figure out the chances of success. That depends on the facts of your unique case, which we are always happy to discuss with you. In general though I believe in predictors of success. There are certain things that don't guarantee a victory, but are good signs that your case will go well. These things include:
1. Report the injury to your employer ASAP. It can be as simple as telling your boss/supervisor, “I was lifting a box and felt a pop in my back” but the best thing to do is fill out something in writing or tell them by e-mail.
2. Get to the doctor right away. The longer you wait to get to the doctor the harder it becomes to relate your problems to the original injury. A delay of a few days can be reasonable. A delay of many months is not.
3. When you see the doctor make sure to tell them that you were hurt at work (if that's the truth). Don't listen to a boss that tells you to say you were hurt away from work and promises they'll take care of you. Again do it in writing when you can.
4. Listen to your doctor. If they tell you to go to physical therapy do it. If you need to stop smoking to aid your recovery, do it.
5. Don't lie or embellish. If you lie you will likely get caught. If you inflate your symptoms you likely will get caught. And it will kill your case.
6. Hire an attorney that does work comp all day every day. If they just dabble in it, it could cost you.
7. Communicate with your attorney. If you don't tell them your check is late or you need a medical procedure approved, etc., they can't help you.
8. If you realize that you hired the wrong attorney, switch before it's too late.
9. At trial be calm. It's not the trial of the century, it's just a hearing on work comp benefits. There is no jury. There will probably be two lawyers, a court reporter and the worker's compensation Commissioner assigned to decide your case.<a href="http://www.aspelllaw.com"></a> That's it.
10. Keep a journal from beginning to end. In some cases you might not need a trial for years, but will still need to remember old details. A journal can help and aid your credibility.
This isn't a complete list. I could probably do another post that just focuses on lawyers that could really tip the scales in your favor (you better hire someone who takes cases to trial). But it's a good starting point. Don't freak out if you haven't hit all of these points. It doesn't mean your case is a loser, but it might make things more challenging.Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-25032758349554717492019-02-13T17:50:00.000-08:002019-02-13T17:50:13.246-08:00What Should You Look For in your Worker Injury Lawyer
As Seen on Nolo.com<a href="http://www.Aspelllaw.com"></a>
If you've suffered a serious work-related injury or illness, it's almost always a good idea to hire an attorney to handle your workers' compensation claim and ensure that you get all the benefits to which you’re entitled. But you need to find an attorney with specific expertise in workers' comp. Because this area of the law is complex and highly specialized, clients are generally not well served by attorneys who try to dabble in workers' comp.
Unfortunately, it's not always easy to distinguish the workers' comp experts from the dabblers. Television commercials, Internet marketing, billboards, and print ads often contain more style than substance. The most reliable indicators of a quality attorney—years of experience, depth of knowledge, attention to detail, trustworthiness—are seldom apparent in an advertisement. While it might take some extra effort to find the right attorney for you, it can make all the difference in your case. Here are some tips to help you in your search.
Ask for recommendations from friends, colleagues, and family members. Many good workers' comp attorneys do little to no advertising, instead relying on word-of-mouth and referrals from satisfied former clients. State and local bar associations and legal aid offices may be able to provide referrals as well. You're much more likely to find quality counsel through a referral than by responding to an ad and hoping for the best.
The Internet can be a great resource, but use it wisely. As is true for people searching for any kind of service provider, many injured workers find workers' comp lawyers online, including through Nolo's Lawyer Directory. But, particularly if you’ve identified potential attorneys through online ads or popular review sites, you should look for more information. Study the prospective attorney’s website to see if it emphasizes workers' comp expertise, or if the practice appears to handle a wide variety of cases. Does the website contain articles or other information about workers' comp law? Are there testimonials from former clients? Does the firm appear to have a long and successful track record? While you shouldn't base your choice of attorney entirely on a website, it can still be a useful indicator of a lawyer's level of knowledge, experience, and professionalism.
Treat the initial consultation as your lawyer's job interview. Virtually all workers' comp attorneys offer free initial consultations with prospective clients. While your lawyer will certainly ask you dozens of questions related to your claim, you should be asking just as many questions. Remember: This is a job interview, and you are the employer. The following questions will help you gauge the attorney's level of expertise in workers' compensation:
How many years have you been handling workers' compensation claims?
How much of your practice is devoted to workers' comp?
Can you represent me throughout the entire workers' comp process, including at administrative hearings and appeals, as well as in court if it gets to that stage?
Can you provide me with any references, such as former clients and/or colleagues in the legal community?
Will you be working on my case personally, or will legal assistants and paralegals handle the bulk of the work?
If I call your office with a question about my case, will I speak to you or a legal assistant?
Do you also represent employers and insurance companies in workers' comp cases, or only injured workers?
Are you a member of any professional organizations in the field of workers' compensation law? Are you board-certified in workers' comp?
Can you explain to me how a workers' compensation claim proceeds through the system? How do attorneys' fees work?
Will I be charged for litigation-related expenses, and if so, what do those expenses include? Will I be charged even if my case is unsuccessful?
Do you arrange for clients to receive consultative medical examinations with appropriate specialists? Under what circumstances?
How do you estimate the value of my case? What are the strengths and weakness of my case?
Look for an attorney who inspires confidence and treats you with respect. The initial consultation is a great time to evaluate the attorney's professionalism and demeanor when dealing with clients. A quality attorney will answer all your questions patiently and authoritatively and will listen to and address your concerns. If you have to meet with three or four (or more) attorneys before finding one who inspires complete confidence, that's a relatively small price to pay.
Also take note of the attitudes and behavior of the administrative assistants, legal assistants, and paralegals in the office, as you'll probably be interacting with them on a regular basis. If they treat you rudely or dismissively or don't return your calls promptly, feel free to take your business elsewhere.
As your case progresses, your attorney should provide you with periodic updates on the status of your claim. If you rarely hear from your attorney, speak up about your concerns. If that doesn’t help, it may be time to find a new lawyer who will give your case the attention it deserves. (Before you take that step, however, learn about the consequences of switching workers’ comp lawyers during your case. And learn more about what a good workers' comp attorney should do for you.)Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-54439288141441916302018-06-22T21:33:00.000-07:002018-06-22T21:33:14.834-07:00I Have a Job Related Injury. What Are my Employer's Responsibilities?f you have sustained a <a href="http://aspelllaw.com">Connecticut job-related injury</a>, your employer may be responsible for helping you with lost wages or other accommodations. Most employers are required by laws in each state to carry workers' compensation insurance, which pays a portion of an employee's regular wages while he or she is recovering from a work-related injury or illness.
However, some types of workers, including independent contractors and railroad workers, are not covered by these workers' compensation laws. Also, in some rare instances, employees may sue employers in court for injuries resulting from willful violations of safety regulations. Examples would include extreme cases of negligence; a failure to carry the required amount of workers' compensation insurance; and other limited cases.
Is Your Injury Work-Related?
Before you file a claim for workers' compensation or seek other employer-provided relief, make sure your injury truly is work-related, which generally means it happened while you were doing your work duties or something else on behalf of your employer. This may also include company parties, picnics, or other social events sponsored by your employer but not necessarily on company-owned property.
Additionally, your employer's workers' compensation policy may cover job-related injuries even if you were disregarding workplace safety rules (such as "horseplay" on the job). State laws, and even courts within some states, are divided on this.
Below are some other considerations when determining whether your injury is work-related, for purposes of workers' compensation claims or other actions:
An injury that occurred during a lunch break is typically not considered work-related, unless it occurs in a company cafeteria or otherwise involves your employer in some way;
Even if alcohol contributes to an injury, it may still be considered work-related if it occurred during a work-sponsored event such as a holiday party;
A preexisting condition that is worsened on the job is usually considered work-related;
Mental conditions are treated the same as physical injuries if they are determined to be sustained on the job or as a result of your job.
Workers' Compensation Coverage
Employers in most states are required to carry workers' compensation insurance, but only workers properly classified as "employees" are covered (as opposed to independent contractors). Also, Idaho and Wyoming do not require coverage of undocumented workers; but Arizona, California, Texas, and other states specifically include illegal immigrant workers in employers' workers' comp coverage.
Depending on your state, certain types of workers may not be covered by workers' comp requirements (see Workers' Compensation Links for state-specific information). Some examples are listed below:
Domestic workers (housekeepers, nannies, babysitters)
Agricultural workers
Seasonal workers
Undocumented workers
If you are eligible for workers' comp, you may file a claim for benefits (usually about two-thirds of your regular salary) but you are not entitled to sue your employer for those same injuries in court. But, if your employer fails to provide coverage that is mandated by state law, they may be subject to fines, criminal charges, and/or lawsuits. See Workers' Comp: Employers' Responsibilities to learn more about what your employer is required to do (and prohibited from doing) with respect to workers' comp.
When Workers' Comp is Not an Option
Just because you are not eligible for workers' comp benefits does not necessarily mean your employer doesn't have responsibility for your job-related injury. If you are an independent contractor, for example, your contract may mandate the use of arbitration for injuries and other disputes.
In some rare cases, such as intentionally inflicted injuries sustained in the workplace, an employee may sue his or her employer. But usually that is not permitted. For more details, see Workers' Compensation: Can I Sue My Employer Instead?
Other alternatives to workers' comp coverage are listed below:
Non-military, federal employees are covered by the Federal Employees' Compensation Act
The Federal Employment Liability Act (FELA) holds railroads liable for employees' injuries if they are found to be negligent
The Merchant Marine Act (also called the Jones Act) provides seamen with protections from employer negligence, similar to FELA
The Longshore and Harbor Workers' Compensation Act (LHWCA) provides specialized workers' compensation coverage for certain employees of private maritime employers
The Black Lung Benefits Act provides compensation for current and former miners suffering from a mining-related disease known as "black lung"
A Free Case Review is Just a Click Away
Job-related illnesses and injuries may take months or even years to show symptoms, while it's not always simple to determine whether an injury is indeed work-related. If you have suffered an injury or illness and believe it may be work-related, make sure you get immediate medical attention. Then, contact an <a href="http://aspelllaw.com">experienced attorney</a> and have a free initial review of your claim.Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-63912122531686196732018-06-21T21:02:00.002-07:002018-06-21T21:02:45.666-07:00Connecticut Welcomes a New Worker's Compensation ChairmanThe Workers’ Compensation Commission is pleased today to welcome Stephen M. Morelli as our newest Workers’ Compensation Commission Chairman. Morelli was recently appointed by Governor Dannel Malloy to this position following the retirement of Commissioner John A. Mastropietro.
Chairman Morelli thanked Mastropietro in his communication with agency employees, “I share with you a debt of gratitude to Chairman Mastropietro for his years of excellent service and his outstanding stewardship of our organization. I look forward to working with you, and am confident that together we can continue to meet the challenges we will face.”
After studying at Boston College and the University of Connecticut, from which he earned a Bachelor of Arts degree, Morelli earned his Juris Doctor from the University of Connecticut School of Law. Following his collegiate studies, he served with the United States Peace Corps in Thailand. Morelli is a member of both the Connecticut and California Bars and is admitted to U.S. District Courts in both states as well, in addition to being a licensed realtor in the state of Connecticut.
Morelli brings with him more than twenty-five years’ experience in employment, general business, personal injury, real estate, and workers’ compensation law, in addition to litigation experience in both state and federal courts. From 1990-1994 he worked as an Associate in Legal Practice with the firm of Li & Kennedy and from 1994-2000 he was a partner in Roggi & Morelli, LLP. He later had his own practice as the Law Office of Stephen M. Morelli.
Active as an elected official, Morelli has also served as the Deputy Mayor of the Town of Berlin, and as a member of the Berlin Town Council, the Budget Committee, and the Ordinance Committee (where he served as Chair). He also served previously as a member of the Berlin Housing Authority and the Democratic Town Committee, as well as being a Corporator of The Hospital of Central Connecticut.
Morelli first joined the Workers’ Compensation Commission as a Commissioner in 2012, and during the past six years he has served in the agency’s Hartford, New Britain, Norwich, and Waterbury District Offices. We are happy to celebrate his continued public service to the citizens of the state of Connecticut, in his new capacity as Chairman of the Workers’ Compensation Commission.
If you have been injured on the job in Connecticut or if your loved one has lost their life, call us. We can help. Since 1986 we are Connecticut's work injury specialists. <a href="http://www.aspelllaw.com"></a>
860-523-8783Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-40040605303487660492017-09-25T21:11:00.005-07:002017-09-25T21:11:54.901-07:00Connecticut Worker's Compensation: A Primer
Connecticut Workers’ Compensation Claims: Eligibility, Filing, and Appeals
Understand how workers' compensation works in the state of Connecticut.
By Sachi Barreiro
Virtually all employers in Connecticut are required to carry workers’ compensation insurance. As in the rest of the country, the workers’ compensation system in Connecticut is a no-fault system designed to compensate injured workers for medical bills, lost wages, and permanent impairments resulting from their injuries. To take advantage of these benefits, injured workers must take certain steps required by Connecticut law.
Who Is Eligible for Workers’ Comp Benefits?
Workers’ compensation covers all injuries or illnesses that happen in the course of employment. In general, injuries that happen while you are performing your work duties or running work errands are covered by workers’ comp. On the other hand, injuries that occur while you’re off-duty are generally not compensated through workers’ comp. For example, if you were injured during your lunch break or during your commute to and from work, you will typically not be covered by workers’ comp. For more information, see our article on what types of injuries are covered by workers’ comp.
Workers’ comp covers both traumatic injuries and occupational illnesses. Traumatic injuries are those that result from a one-time accident at work, such as a broken bone from a slip and fall. Occupational diseases are injuries or illnesses that occur over a period of time, including injuries caused by repetitive movements at work (such as carpal tunnel syndrome) and illnesses developed from exposure to toxic substances at the workplace (such as cancer from exposure to asbestos).
What Should I Do if I’m Injured at Work?
If you’re injured at work, you must report your injuries to your employer immediately. Your employer should complete an “Employer’s First Report of Injury” form and provide it to its insurer and to the state Workers’ Compensation Commission, along with a copy to you.
In addition to giving notice, you will have to file an official workers’ comp claim by completing a Notice of Claim for Compensation (Form 30C). You must provide this form to your employer and the Workers’ Compensation Commission within one year of your accident or within three years of the onset of an occupational illness. You should do this in person or by sending the documents by certified mail with a return receipt requested.
Once your employer receives your claim form, it has 28 days to accept your claim, deny your claim, or begin benefit payments “without prejudice” – meaning that your employer has agreed to pay your benefits while it continues to make a final decision about your claim. If the employer fails to do any of these within 28 days, your claim is deemed accepted.
How Do I Get Medical Treatment?
In an emergency, you can choose which doctor or hospital to seek treatment from. For all non-emergency care, your employer may choose which doctor you see for your initial treatment. After the initial treatment, you can select your own doctors, unless your employer has established a managed care program for treatment of work-related injuries. If your employer has established such a plan, you must select a doctor from a doctor within the plan’s network. In general, though, your employer must provide you with notice of the managed care plan prior to your injuries.
What Benefits Can I Receive?
All reasonable and necessary medical treatment related to your work injury will be covered through workers’ comp, including the cost of doctors’ visits, hospital bills, prescriptions, and prosthetic devices. You’ll also be reimbursed for the mileage you incur in traveling to and from medical appointments. In addition to medical benefits, you will also be eligible to receive temporary disability payments and a permanent disability award.
Temporary Disability
You will be eligible to receive compensation for wage loss during the time you are temporarily disabled and unable to work. Temporary total disability payments are 75% of your average weekly wages, subject to a maximum of $1,292 per week (as of October 1, 2016).
You can continue to receive temporary total disability until your doctor finds that you’ve reached maximum medical improvement (MMI), meaning that your condition has plateaued and is not expected to improve.
If you’re able to return to part-time or light-duty work while you’re recovering, but earn less than your normal wages, you may eligible for temporary partial disability benefits. Temporary partial disability benefits are 75% of the difference in your average weekly wages, subject to the same maximum weekly amount.
Permanent Disability
If you are found to be totally and permanently disabled, you will receive the same weekly amount that you received in temporary total disability payments: 75% of your average weekly wages, subject to a maximum of $1,292 per week (as of October 1, 2016). Permanent total disability benefits are available for as long as the disability continues. These benefits are available only to workers with severely debilitating injuries, such as the loss of both hands, feet, arms, legs, or eyes. Workers are considered totally disabled only if they cannot earn any wages in the same job or another job.
For most other workers, permanent partial disability benefits are available. You will receive 75% of your average weekly wage, up to $1,063 per week (as of October 1, 2016). How long you’ll receive these benefits depends on a state schedule and the disability rating assigned by your doctor. Connecticut’s state schedule is comprehensive and lists injuries to certain body parts, including extremities and organs. For each body part, the schedule identifies the maximum number of weeks for a total loss of use of that body part. For example, a worker with a 100% loss of use of a dominant arm will receive benefits for 208 weeks. However, if the worker had a 50% disability rating, he or she would receive benefits for 104 weeks.
You may also receive benefits for significant scarring or disfigurement to the face, head, or neck, or to another body part if it will impede your ability to find new work. These benefits are equal to the total temporary disability rate, subject to the same maximum amounts. Benefits are available for up to 208 weeks.
What if My Claim Is Denied?
If your workers’ comp claim has been denied, or the insurance company is disputing any portion of your claim, you have the right to request a hearing before the Workers’ Compensation Commission. To do so, you must file a form called a “Hearing Request” with the Workers’ Compensation Commission. A hearing will be held before a workers’ comp judge, who will issue a written decision. If you disagree with the judge’s decision, you may file an appeal with the Compensation Review Board.
For more information on the appeals process, see our article on appealing a denial of your Connecticut workers’ comp claim.Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-72351372376934596232017-07-12T20:51:00.002-07:002017-07-12T20:51:42.384-07:00Rate of CT workplace injuries, illnesses exceeds nation's
Rate of CT workplace injuries, illnesses exceeds nation's
Related Content
Content by John Stearns
More than 36,000 nonfatal workplace injuries and illnesses were reported among Connecticut's private industry employers in 2015, resulting in an incidence rate of 3.2 cases per 100 equivalent full-time workers and higher than the national rate of 3.0, the U.S. Bureau of Labor Statistics reported today.
Connecticut was among 21 states that had an incidence rate of total recordable cases (TRC) significantly higher than the national rate, Regional Commissioner Deborah A. Brown said.
Connecticut's findings from the 2015 Survey of Occupational Injuries and Illnesses include:
• Incidence rates in private industry ranged from 0.9 in financial activities to 5.1 in education and health services.
• Two supersectors accounted for 60 percent of the occupational injuries and illnesses: education and health services; and trade, transportation, and utilities.
• In private industry, the injury and illness incidence rate ranged from 1.5 for small establishments (those employing fewer than 11 workers) to 4.4 for midsize establishments (those employing between 50 and 249 workers).
• Connecticut's private industry incidence rate of 3.2 in 2015 was significantly lower than the rate of 3.5 in 2014.
Of the 36,300 private industry injury and illness cases reported in Connecticut, 20,900 were of a more severe nature, involving days away from work, job transfer, or restriction. These cases occurred at a rate of 1.8 cases per 100 full-time workers versus a rate of 1.6 nationally.
Among the state and local government workers in Connecticut, approximately 9,000 injury and illness cases were reported in 2015, resulting in a rate of 5.8 cases per 100 full-time workers. Nationally, the rate was 5.1. Almost 80 percent of injuries and illnesses reported in Connecticut's public sector occurred among local government workLaw Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-75500383596590390072017-06-15T12:54:00.002-07:002017-06-15T12:54:32.539-07:00CRB Excuses Claimant's Failure to Attend Formal hearingIn the recent CRB case of <a href="http://wcc.state.ct.us/crb/2017/6111crb.htm">Greene vs. Ansonia Copper and Brass</a> the Claimant, who was represented by counsel, failed to attend a scheduled formal hearing to prosecute her claim for 31-308a post PPD discretionary payments. Unfortunately, the Claimant forgot about the hearing and at the appointed hour was in Virginia attending a family member's graduation . The Trial Commissioner dismissed her claim for benefits for failure to prosecute however the CRB reversed, essentially relying on the humanitarian purposes of the Connecticut Worker's Compensation Act as well as the notion that jurisdiction in a worker's comp case is continuous. Interestingly, the session which the claimant missed was in fact a session that had previously been continued 3 times at her own request.
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjWCwwGa4A4B3LNzuhXTIeGkIYV7CivGbWNzHeOWU-JdV9YECX04k9XNok6XLkn-__uzgsxdVgtixIhn6oD88ygO3wLFYFD1QaVA5h6zdRNamTw94XImQ5jHR4ai8Q4P75T0sCy7umwOSYM/s1600/forgot-remember.jpeg" imageanchor="1" ><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjWCwwGa4A4B3LNzuhXTIeGkIYV7CivGbWNzHeOWU-JdV9YECX04k9XNok6XLkn-__uzgsxdVgtixIhn6oD88ygO3wLFYFD1QaVA5h6zdRNamTw94XImQ5jHR4ai8Q4P75T0sCy7umwOSYM/s320/forgot-remember.jpeg" width="320" height="262" data-original-width="497" data-original-height="407" /></a>
Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-68994496261458319252017-06-15T06:52:00.000-07:002017-06-15T06:52:21.702-07:00Court: Temps May Not be “Employees” Under Workers Compensation Law, Allowing LawsuitArticle by Attorney <a href="http://www.shipmangoodwin.com/gstarr">Gary S. Starr</a>, Esquire of Shipman and Goodwin, LLP of Hartford. Used with permission.
<blockquote></blockquote>
Employers who use a staffing company to supplement their employees may find themselves in for a rude awakening if the temp gets hurt at their worksite.
Ordinarily, an employee injured on the job would be covered by the workers compensation insurance.
A recent Superior Court decision rejected the idea that the temp is covered by the employer’s workers compensation insurance and is allowing a lawsuit to go forward against the employer.
The court found that the temp was an employee of the staffing company and not the employer, even though the temp accepted the assignment with the employer, the work was being done for the employer, and the temp was under the control of the employer at the worksite, and not the staffing company.
While there are several state court decisions that have found this arrangement to be a dual employment situation, other courts have rejected the concept of dual employment. Under dual employment, the temp would have been covered under the employer’s workers compensation insurance.
Until an appellate court or the Connecticut Supreme Court rules on this issue or the legislature clarifies the statutory scheme, employers using staffing companies to fill out their employment needs, run the risk that if the temp gets hurt, they could be sued.
Such a lawsuit would present a risk of liability that could exceed the workers compensation formulas, with possible punitive damages.
Employers should be careful in their negotiations with staffing companies to try to establish a dual employment relationship with the temp, even having the temp sign a written agreement with the employer accepting the assignment with the employer. There should also be clarification of the scope of any indemnity. The employer should check with its workers compensation insurance carrier to ensure coverage of any temps.
While these steps may not avoid the consequences described above, it may provide a basis for arguing for dual employment and for coverage under workers compensation.
Of course, dual employment has its own set of challenges as well so employers using temps need to understand both the pros and cons in such a relationship.<blockquote></blockquote>Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-893619092863022192017-06-14T17:43:00.000-07:002017-06-14T17:43:21.362-07:00Social Security Disability and the "Date Last Insured"Today's case was a reminder of the importance of making a timely filing for Social Security Disability should you become disabled from work on a long term basis. In order to be eligible to receive Title II SSD benefits, one must file their claim for disability within a certain period, typically 5 years, from the last date of full-time work.
Today's client came to me in late 2016. She had applied for disability in December of 2015 claiming an "alleged onset date" in 2003. Her "Date last Insured" (DLI) was in December 2004.
In such a case it is imperative that one have medical records supporting the existence of a disability prior to the DLI. While our client had voluminous recent records records substantiating severe medical problems that would ordinarily make her eligible for disability at an early stage of the process, she had very few records that pre-dated her DLI. Thus, it becomes a challenge for the lawyer to successfully argue such a case. This is especially true given that medical providers only need to retain their patient's records for 7 years.
The moral of the story is to apply for Disability as soon as it becomes apparent to you that your condition may prevent you from working for 12 months or more. You do not do yourself, or your lawyer, a favor to wait years and years before deciding that maybe SSD is something you should look into.
If you you have any questions concerning onset dates, DLI problems, or any other aspect of Social Security Disability law, feel free to contact us at any time. The initial consultation is always free.<a href="https://secure.ssa.gov/poms.nsf/lnx/0425501320"></a>Law Offices of James F. Aspell. P.C.http://www.blogger.com/profile/13762432219057853663noreply@blogger.com0tag:blogger.com,1999:blog-1457171933319848357.post-30968159219326899062017-06-14T17:06:00.001-07:002017-06-14T17:06:27.165-07:00Countdown to October – Are You Ready for LMSAs and NFMSAs?
From MedVal.com
CMS, Liability, Medicare Set-Aside Blog, Medicare Set-Asides, MSP News on June 5, 2017 | Posted by Jennifer Alvarez, JD, RN, MSCC, CMSP
We are currently four months away from CMS implementing their new workflows for Medicare Administrative Contractors (MACs), which outline how they will handle bills when there is a Liability Insurance Medicare Set-Aside Arrangement (LMSA) or No-Fault Insurance Medicare Set-Aside Arrangement (NFMSA) involved in the settlement. You may be aware that, in February 2017, CMS took another step to clarify that, pursuant to the Medicare Secondary Payer Act (MSP) [1], Medicare’s interests need to be considered in liability insurance [2] and no-fault insurance [3] claims, wherein Medicare is a secondary payer. Interestingly, the news came from CMS in the form of a one-time announcement in a February 3, 2017 MLN Matters Article (Article) [4], which was noted to be intended for physicians, providers and suppliers that submitted claims to MACs; specifically, the Article advised the physicians/providers/suppliers and their billing departments that, effective October 1, 2017, the MACs will not pay for services or items that should be paid from an LMSA or NFMSA.
Minimal direction, with respect to claim payments as related to LMSAs and NFMSAs, can be found in CMS’ publication, Change Request 9893 (CR 9893) [5]. CR 9893 and the February 2017 CMS Article indicated that CMS will establish two new set-aside processes for LMSAs and NFMSAs; moreover, the system will be able to detect an LMSA or NFMSA record based on diagnosis codes, similarly to the way a Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) record is detected. CR 9893 instructs MACs on when to deny payment for items or services that should be paid from an LMSA or NFMSA fund; specifically, when denying a claim based upon the existence of an open LMSA or NFMSA MSP record, the MAC should include the following remark codes as appropriate to the situation:
N723—Patient must use Liability Set-Aside funds to pay for the medical service or item.
N724—Patient must use No-Fault Set-Aside funds to pay for the medical service or item.
MSN 29.33 – Your claim has been denied by Medicare because you may have funds set aside from your settlement to pay for your future medical expenses and prescription drug treatment related to your injury(ies).
Where appropriate, MACs may also override and make payment for claim lines or claims on which:
Auto/no-fault insurance set-asides diagnosis codes do not apply, or
Liability insurance set-asides diagnosis codes do not apply, or are not related, or
When the LMSA and NFMSA benefits are exhausted/terminated, and an accurate accounting has been completed.
How Does CMS’ One-Time Announcement Impact You?
At first view, the February 2017 CMS announcement appears to affect only the medical community; however, it should also absolutely serve as notice and a warning to those attorneys, claims professionals, and stakeholders, who have not been considering Medicare’s interests in liability and no-fault (including auto) claims for which Medicare is a secondary payer. CMS has clearly indicated that it is in the midst of establishing two new set-aside processes – for LMSAs and NFMSAs – with “the policies, procedures, and system updates required to create and utilize an LMSA and an NFMSA MSP record, similar to a WCMSA MSP record.” Again, this language is a notice to stakeholders that Medicare’s interests should be protected in liability and no-fault claims, where Medicare is a secondary payer.
It’s Time to Be Prepared
If you already have a plan in place and are currently considering Medicare’s interests in liability and no-fault (including auto) claims, we simply suggest you take a fresh look at your internal policies to ensure the proper protocols are in place to adequately protect Medicare’s interests and attain MSP compliance. If you do not have a plan in effect, it is time to make one. While we expect CMS guidelines (and, perhaps a formal CMS review program for those who opt to participate in the same), no such formal guidance is yet available; nevertheless, in an effort to achieve MSP compliance, we recommend you create a plan of action and establish internal policies to consider Medicare’s interests. As you develop your plan, we suggest consideration of the following:
Establish proper internal protocols and best practices to identify the liability and no-fault claims for which Medicare’s interests should be considered;
As you move toward settlement, complete a thorough medical-legal analysis for each claim;
If an LMSA/NFMSA is determined to be appropriate, be aware that several factors may impact the actual funding of the LMSA/NFMSA, such as: insurance policy limits, statutory tort caps, case law, and negligence rules; and
Have a plan to handle the potential for insufficient funds.
The settlement of a liability claim for less than full value can pose a problem – and red flag – for CMS as, (1) CMS is entitled to full reimbursement of all medical expense payments made under the claim by Medicare (i.e. conditional payments); additionally, (2) regarding anticipated future medical expenses, CMS (as the secondary payer) has historically taken the position that it is the primary payer’s responsibility to set aside funds that will cover future Medicare-covered medical expenses related to the injury over the individual’s life expectancy. Unfortunately, CMS’ expectation of full recovery is inconsistent with liability cases that typically settle for less than the full value of the claim. Ultimately, the problem is that there may not be enough money to fully cover conditional payments, damages, future medicals, and other related costs; furthermore, CMS may not recognize apportionment of said costs, or the manner in which settlement funds are allocated per agreement by the parties. With insufficient settlement funds to cover conditional payments and/or fully fund the LMSA, the parties are unable to comply with MSP policies in accordance with CMS practices. The consequences could be profound as cases may not be able to settle or will require court intervention, thereby resulting in an inundated court system weighed down with an onslaught of expensive and time-consuming cases.
Ensuring that Medicare’s interests have been considered in both liability and no-fault claims is mandatory. Failure to do so can impact all parties involved so that the Medicare beneficiary may be prohibited from obtaining medical care, and the attorneys could be subject to malpractice claims.
Conclusions
From CMS’ recent publications, it is clear: CMS is in the process of developing two new set-aside processes for LMSAs and NFMSAs. It is not yet clear, however, how these processes will be implemented; notwithstanding the same, awareness of the factors that could impact LMSAs and NFMSAs, and the resolution of liability and no-fault claims should be considered prior to October 1, 2017. The preparation of a reasonable and defensible LMSA or NFMSA should be supported with efforts to attain MSP compliance, and such actions should be documented and memorialized in every settlement. As an MSA provider, we are committed to helping you put the proper protections in place to achieve MSP compliance. If we can be of service to you regarding your Liability, No-Fault, or Workers’ Compensation claims, please contact us at info@medval.com.
[1] 42 U.S.C. § 1395y(b)(2)(A)(ii) specifically mentions liability claims, but for years, a formal interpretation of the MSP Act as related to liability settlements did not exist.
[2] Liability insurance is insurance (including a self-insured plan) that provides payment based on legal liability for injury or illness or damage to property. It includes, but is not limited to, automobile liability insurance, uninsured motorist insurance, underinsured motorist insurance, homeowners’ liability insurance, malpractice insurance, product liability insurance, and general casualty insurance. 42 C.F.R. § 411.50(b).
[3] No-fault insurance is insurance that pays for medical expenses for injuries sustained on the property or premises of the insured or in the use, occupancy, or operation of an automobile, regardless of who may have been responsible for causing the accident. This insurance includes but is not limited to automobile, homeowners, and commercial plans. It is sometimes called “medical payments coverage”, “personal injury protection”, or “medical expense coverage”. 42 C.F.R. § 411.50(b).
[4] https://www.cms.gov/Outreach-and-Education/Medicare-Learning-Network-MLN/MLNMattersArticles/Downloads/MM9893.pdf
[5] https://www.cms.gov/Regulations-and-Guidance/Guidance/Transmittals/2017Downloads/R1787OTN.pdf
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