Friday, June 22, 2018

I Have a Job Related Injury. What Are my Employer's Responsibilities?

f you have sustained a Connecticut job-related injury, 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 experienced attorney and have a free initial review of your claim.

Thursday, June 21, 2018

Connecticut Welcomes a New Worker's Compensation Chairman

The 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. 860-523-8783