Monday, December 22, 2014
If you get hurt on the job, what do you do next? It’s a common question that each Connecticut Workers’ Compensation Attorney at The Law Offices of James F. Aspell, P.C.is prepared to discuss anytime you have a question about the Workers’ Compensation system. When an accident occurs, there are four things you need to take care of immediately after being hurt ont he job. Following these four steps can help you prepare a Workers’ Compensation case. Report your injury to your employer immediately Your employer should provide you with medical treatment. They need to file a First Report of Injury Form with their workers’ compensation insurance carrier, and with the Workers’ Compensation Commission. If you delay reporting your injury, it greatly increases the chance that it may be disputed. Get prompt medical attention Your employer should send you to the company medical facility, a walk-in clinic, a hospital, or a designated physician for your initial medical treatment. As of March 25, 1993, your employer or your employer’s workers’ compensation insurance carrier may establish a medical care plan to provide medical treatment for workers’ compensation claimants. If your employer has a designated medical provider, you must accept such initial treatment. File an official claim as soon as possible Filing a “written notice of claim” puts your claim on record. A 30C Form is best for this purpose, and is available from any District Office, or the Workers’ Compensation Commission. The statute of limitations for filing a compensation claim for an accidental injury is one year from the date of the injury. For an occupational disease, it is three years from the first manifestation of a symptom. If your employer wants to dispute your claim, you must receive official written notice of a denial (describing the reason(s) for it), or your employer must begin making workers’ compensation payments “without prejudice” within 28 calendar days. Contact your employer’s workers’ compensation insurance carrier, if you don’t get a benefit check within two weeks of becoming disabled To start payments, the insurance carrier needs the First Report of Injury Form and a wage statement from your employer, a medical report from your physician confirming that your injury is work-related, and that you are disabled by it. The insurance carrier also needs to know your federal tax filing status, and the number of exemptions shown on your federal tax return. If only the wage statement is missing, the carrier can usually send an advance payment until it comes in. In my practice, I make it our priority to get you the money you need to get back on your feet in the shortest amount of time. Each Connecticut Workers’ Compensation Attorney at our firm knows how hard you work, and we’ll do everything we can to make sure your rights to compensation are protected.
Monday, October 27, 2014
We have a page on our website, reproduced below, which explains what we can do for you in you are injured at work in Connecticut. Unfortunately, despite the efforts of lawyers and the Connecticut Worker's Compensation Commission to explain to injured Connecticut workers what our worker's comp law covers, misconceptions remain. I am often heard spouting my favorite phrase: "Worker's comp is a statutory benefit." A worker's comp case is not a car accident case. You cannot recover for pain and suffering even though you may have terrible pain from your work injury and be suffering greatly. You cannot recover because you cant pay your bills. You cannot recover for your family member having to cook for you or clean for you. You can only get what the Connecticut Worker's Compensation Act, Title 31 of our statutes, says you can get. That is where we come in. I promise to you that I will fight with every fiber of my being to get you all the benefits that statute says you are entitled to. Your life depends on it. My livelihood depends on it. If you have been hurt on the job in Hartford or somewhere else in Connecticut, give me a call. Come in and talk to me. It is free and no obligation. If I can help you, I will. If I cant I will politely
Friday, October 24, 2014
Connecticut work injury lawyers and paralegals at The Law Offices of James F. Aspell, P.C. have resolved thousands of work injury and on the job death claims in Connecticut. In fact, more than half of our personal injury law cases come from on the job injuries. What’s more, the Hartford law firm of James F. Aspell, P.C. is Board Certified as Specialists in Connecticut worker's compensation law. Only 52 lawyers in the state hold this designation. The time after an on the job death or on the job injury can be difficult. In addition to the physical and emotional injuries you face, choosing the right worker's comp accident lawyer to represent you can be overwhelming. This choice should always be based on your potential lawyer's experience and proven results. And you should ask each law firm you speak with these important questions… Are the lawyers in the firm board certified Connecticut worker's compensation lawyers? Have they received recognition of their accomplishments from their peers? Do they have significant worker's compensation trial and worker's compensation appeal experience? Do they have the resources necessary to really help you? At The Law Offices of James F. Aspell, P.C. we take the time to learn about your workplace accident, your injuries, and your concerns. We are dedicated to fighting on your behalf and earning you the justifiable compensation and peace of mind you deserve. If you sustained injuries or have lost a loved one because of an on the job or work accident in Connecticut, you want to find a worker's compensation lawyer as soon as possible after the accident to ensure that you have enough time to file your claim within the state of Connecticut's required timeline. We know how intimidating it can be to contact a lawyer and begin a claim. let our work accident lawyers put your mind at ease and make you feel more comfortable. At The Law Offices of James F. Aspell, P.C. our reputation is built on proven results and customer service. We care about our clients, and take the time to explain the process every step of the way and keep you informed on your case. Our practice is, and always has been, devoted to protecting the rights of work injury victims. The work accident lawyers at The Law Offices of James F. Aspell, P.C. have such extensive experience working in on the job accidents that we have broken our practice area down into the more specific categories above. Even if your Connecticut work accident claim does not fit perfectly into one of these categories, just give us a call at our offices in West Hartford, CT at 860-523-8783 to discuss your potential case in more detail with our Connecticut work accident lawyers. We are standing by and ready to help. Don't hesitate- contact us today to receive your free, no obligation, personalized consultation!>
Wednesday, October 22, 2014
Employees who are injured on the job in Connecticut may pursue benefits through the state's workers' compensation system. The Workers' Compensation Act states that all employees are covered, regardless of full- or part-time status, from the first day of employment. There are several different types of benefits that may apply. In most cases, the primary concern is the provision of medical treatment benefits. If medical treatment benefits are applicable, the employer is responsible for choosing the medical facility, and the employee designates the attending physician. Permanent partial disability benefits may apply in a situation where an employee has suffered partial, permanent loss of the use of one or more body parts as a result of an on-the-job injury. If an employee is able to work after an injury but not able to perform the same type of duties or work for the same number of hours, then he or she may be eligible for temporary partial disability benefits of up to 75 percent of the difference between current earnings and previous earnings. Those who are totally disabled may be eligible for temporary total disability at the rate of 75 percent of previous weekly earnings. Both of these benefits are calculated on an after-tax basis and are subject to other limitations. The Connecticut workers' compensation system may also provide job retraining benefits for employees who are unable to return to their previous jobs. If a previous work injury or illness recurs later, the employee may be eligible for relapse or recurrence benefits during the period of relapse. In some situations, discretionary benefits may be available after all of an employee's PPD benefit has been paid. Discretionary benefits are awarded on a case-by-case basis following an informal hearing. A workers' compensation attorney may be able to provide advice regarding the types of benefits that may apply in a particular work injury case or assist with the filing and pursuit of claims. Source: State of Connecticut Workers' Compensation Commission , "Information Packet", October 11, 2014 Please call our Hartford Worker's Comp Injury Law firm at 860-523-8783 for a free discussion of your case.
There is an epidemic of Connecticut orthopedists, primarily back guys, who do not wish to get involved in helping injured Connecticut workers if their injury is over a year old. I'm sorry. Did they tell you there was a one year limitation period on helping people when you went to medical school? If I ran the Connecticut worker's compensation commission I would send these practices a strongly worded letter indicating that if they wish to be allowed to treat worker's comp injuries, they need to take all comers. If I picked and chose my clients the way these guys do, most of them would find themselves without a lawyer, and that's not something I will let happen. If you need a Hartford, Connecticut worker's comp lawyer, give us a call. I will help you out.
Thursday, October 16, 2014
Construction sites are arguably the most dangerous work sites due to the type of work being done. Construction involves heavy duty tools and equipment and without the property safety precautions, accidents can result in devastating injuries. The site owner or manager is often responsible for making sure the workers are fully trained and provided with the proper safety equipment. Unfortunately, negligence of construction site owners happens and workers can suffer because of it. Some of the common types of construction accidents include: Slip & fall, trip & fall and other falls Machinery accidents Crane accidents Electrical accidents Scaffolding accidents Chemical accidents Falling object accidents There are countless causes and reasons behind the occurrence of these accidents, but as an injured worker you can fight for compensation. Defective products and equipment is one of the leading causes of an accident. Whether it is a defective ladder, power tool or piece of safety equipment, the potential injuries are endless. The most common type of construction accident is a fall; 300 out of 1,000 construction worker fatalities each year are due to falls. It is imperative to have the proper harness equipment and protection to keep workers safe on a construction site. If you have been injured in a construction accident, it is important that you seek medical attention right away. In order to pursue damages, you will need to report the accident to your employer. After doing so, you need to preserve evidence of the accident by taking photographs and collecting witness information. Witnesses can provide information about the accident and help you create a strong case. Team up with a Hartford construction accident lawyer from the Law Offices of James F. Aspell, PC if you are an injured construction site worker. Our firm offers a free case evaluation so you can discuss your case with us at any time. We have more than 25 years of experience representing injured victims and we can help you, contact u
The Compensation Review Board has recently decided a case involving the "aggravation" of a pre-existing condition by the work environment. Their decision may have significant impact on a number of Claimant's. Please call us at 860-523-8783 for a free discussion of your matter,
When talking about the law that handles claims for a work injury, most people use this phrase: Connecticut Workers Compensation The official term that the State of Connecticut uses is: Workers' Compensation The "shortcut" term used by many people is simply: Workers Comp There are, however, many different phrases people use to refer to the law and system for helping a person who has suffered a work injury. Here is a list: Workers Compensation Workers Comp Workmans Comp Work Compensation Worker Compensation Workmans Compensation Work Comp Worker Comp Injury Compensation Workman's Compensation Worker's Compensation Workmen's Compensation Workman Comp Workman's Comp Worker's Comp Workmen Compensation No matter what you call it, if you are injured on the job in Connecticut you need a skilled and competent Hartford, Connecticut worker's comp attorney. Call us today for a free consultation. There are no fees or costs of any kind unless we recover money for you.
Wednesday, October 15, 2014
Connecticut law imposes specific regulations over the damages that a jury can grant a plaintiff in a wrongful death case. The jury must make its decision based on reasonable probabilities according to the evidence and is not entitled to speculate or guess about the injuries or losses that the decedent suffered. One of the types of damages that a jury may award is economic damages for expenses and monetary losses that the plaintiff incurred because of the negligence of the defendant. Included in economic damages are the necessary and reasonable costs for medical treatment that the decedent received for the injuries suffered prior to death. It also includes reasonable funeral and burial costs. The plaintiff has to prove that these expenses were sensibly essential and that the defendant's negligence resulted in those expenses. The jury may also award the plaintiff for the destruction of the decedent's ability to earn money. This is based on the decedent's wages prior to injury and death and on the probable length of time that the decedent would have lived had death not occurred because of the defendant's negligence. Probable income taxes and necessary personal living expenses are deducted from the probable lifetime earnings, resulting in the fair amount of damages that the plaintiff could be awarded. The administrator of estate of a decedent who, for example, dies in a work-related accident because of the employer's negligence has the right to file a wrongful death lawsuit against the employer. If the decedent did not receive medical treatment prior to death, a jury may award the administrator of estate economic damages for funeral and burial costs and for the destruction of earning capacity. However, the administrator of estate might also receive economic damages for medical costs if the decedent received treatment prior to death. Source: Connecticut Judicial Branch, "3.4-7 Damages - Wrongful Death", October 07, 2014
BLAINE, Kan. – Following the death of two workers from the collapse of a cell tower they were dismantling March 25, the U.S. Department of Labor's Occupational Safety and Health Administration has cited Wireless Horizon Inc. for two willful and four serious safety violations. OSHA placed the company in the Severe Violator Enforcement Program* following the incident. So far in 2014, 11 workers have lost their lives nationwide in the communication tower industry; and 13 deaths occurred in 2013. No more falling workers. Disturbing trend in communication towers-related workder deaths "Two families have lost their loved ones in a preventable tragedy. No one should ever have to endure that loss. Inspecting and ensuring equipment is in good working order is a common-sense safety procedure that stop injuries and fatalities," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "OSHA expects tower owners and operators, such as Wireless Horizon, to protect their workers on job sites in this hazardous industry by increasing training and implementing all known safety precautions. Our nation's growing need for telecommunications should not cost workers their lives." The tower technicians, ages 25 and 38, were using a load-lifting gin pole attached to the side of the tower with a wire rope sling. The sling failed, causing the gin pole to fall and bring the tower down with it. One of the employees was above the gin pole near the top of the tower, and the second employee was approximately 20 feet below the pole. Both workers fell to the ground during the collapse. As the tower fell, it also struck an adjacent tower, causing it to crumble as well. One of the employees had been with the company two months, while the other employee had only been working there for five months when the incident occurred. OSHA's inspection found that the equipment the company provided the workers was in poor repair. The company did not use proper engineering plans to ensure the workers were protected against this type of collapse. OSHA's investigation found that Wireless Horizon failed to inspect the wire rope slings prior to use and provide protection to the slings when rigged over sharp objects. These failures resulted in the issuance of two willful violations. A willful violation is one committed with intentional, knowing or voluntary disregard for the law's requirements, or with plain indifference to worker safety and health. Wireless Horizon also failed to conduct an engineering survey and develop a rigging plan prior to beginning the demolition process. Additionally, the company did not provide the technicians a load chart for the gin pole in use or operator manuals. OSHA issued four serious citations for these violations. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. OSHA has proposed penalties of $134,400 for the company, based in St. Peters, Missouri. Wireless Horizon employs approximately 60 workers, including four that were present at the Blaine job site on the date of this fatal incident. To view current citations, visit http://www.osha.gov/ooc/citations/WirelessHorizonInc_964654_0919_14.pdf*. This company has been inspected by OSHA on two previous occasions since 2005, and OSHA issued multiple serious violations both times. OSHA is collaborating with the National Association of Tower Erectors and other industry stakeholders to ensure that every communication tower employer understands their responsibility to protect workers performing this very dangerous work. OSHA has created a Web page targeting the issues surrounding communication tower work to help employees and employers better understand the risks of tower work and how to prevent injuries and fatalities in this industry. Wireless Horizon has 15 business days from receipt of the citations to comply; request an informal conference with OSHA's area director in Wichita, Kansas, or contest the findings before the independent Occupational Safety & Health Review Commission. To ask questions; obtain compliance assistance; file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742). Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov. If you or a loved one are victim of a Connecticut Construction Accident please call our office for a free discussion on your rights under our Connecticut Worker's Compensation Laws.
Tuesday, October 14, 2014
Connecticut Worker's Compensation has its own unique language. Those of us who practice Connecticut Worker's Comp Injury Law know the ins and out just like a ative speaker of a foreign language. But what about you? What is a Form 36? What is MMI? Or PPD? Or, the ever mysterious RME? Well, fortunately, the Connecticut Worker's Compenssation Commission publishes a handy, free, dictionary of Connecticut worker's comp terms. It can be found here: http://wcc.state.ct.us/glossary/glossary.htm So, the next time you need to know, and it's 2AM and our office is closed, take a look. And then, as always, if you have any questions about your Connecticut Worker's Comp Claim, give us a call at 860-523-8783. We'll be happy to help!
There are a large number of workers injured on the job in Connecticut. With 169 different cities and towns here, each one has its own particular way of handling on the job injuries. From Hartford police officers and West Hartford Firefighters to Windsor Sanitation and Public Works employees these workers can become injured in many different ways and often, are entitled to specialized workers compensation benefits under Connecticut law. Each year our office handles many Connecticut town employee injury claims. From dog bites and police cruiser accidents to heart attacks, hypertension and even death, we have the experience and expertise needed to handle these special claims. If you are employed by a city or town in Connecticut, and are injured while working in Hartford, West Hartford, or any of the surrounding towns you owe it to yourself to consult with an experienced Connecticut Town work injury lawyer. We will be sure that you receive the fullest compensation available to you under Connecticut Law. Call today for a free consultation. There are no fees or costs of any kind unless we recover money for you.
Friday, September 12, 2014
The quality of a claimant's job searches while collecting temporary partial benefits in connection with you Connecticut Worker's Compensation Claim is a source of frequent consternation to insurance adjusters. To ensure the timely, uninterrupted receipt of your comp checks, it is imperative that you send us 5 quality job searches for jobs consistent with your restrictions, every week. In a week that a quality search is not received, it is conceivable and quite common that the comp carrier will request a hearing to terminate your benefits. Make both your life and our job easier by getting us your searches in every week and on time. Sending in 8 weeks of job searches in 1 envelope and expecting payment is not realistic and the Commissioners will generally side with the insurance company if such happens consistently. help us help you!