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

tell you so. In the meantime, please read the provided material below. Hartford Workers' Compensation Attorney Worker's Compensation Claims Legal Help in Connecticut Don't let myths and misconceptions prevent you from getting full compensation and the benefits you're owed - talk to a Connecticut Workers' Compensation lawyer Workers can get less than they are owed from Connecticut's workers' comp simply because they don't know their rights or the proper procedures. Don't let an early mistake deprive you of your right to make a claim. Contact the Law Office of James Aspell, PC, immediately after your injury for a free consultation and professional legal help. Your employer has a lawyer whose job is to minimize the company's cost. You should have a workers' comp lawyer, too. You may not know that: Your employer will not file your claim on your behalf. You cannot be forced to settle your workers' comp claim. At the Law Office of James F. Aspell, P.C., we have been protecting the rights of Connecticut workers with work comp claims for 25 years. Our attorney, James F. Aspell, is a Board Certified Specialist in Workers' Compensation through the Connecticut Bar Association. We have represented thousands of working people injured in construction, health care, trucking, factory, and other work settings. We also represent police, firefighters, and state employees who may be entitled to additional benefits. Get Your Medical Bills Paid • Get the Treatment You Need As your Connecticut workers' compensation lawyer, we will: Help you file proper and timely claims with your employer and the Connecticut Workers' Compensation Commission Work with your doctors to develop the medical aspects of your case Handle all required paperwork accurately and ensure all deadlines are met Represent you in any hearings or appeals before the Connecticut Worker's Compensation Commission Because of our many years representing clients throughout Connecticut, we have developed a reputation with the Workers' Compensation Commissioners for fairness and objectivity. The credibility and respect we have earned with the Commission is good for our clients when they need an advocate in the workers' comp system. Contact our West Hartford Workers' Comp law office for prompt legal help in filing or defending your Connecticut workers' comp claim. Your initial consultation is free.

Connecticut Worker's Compensation Benefits

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

How is A Connecticut Wrongful Death Case Valued?

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

OSHA Proposing Fines in Cell Tower Collapse that Killed 2

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

Worker's Comp Commission/Labor Department merger shelved for this year- Middletown District Office to Close

We have received some good news from about the Governor’s proposal to consolidate the Worker’s Compensation Commission into the Department of Labor. In the latest version of the proposed state budget, funding for the WCC has been restored. The WCC will remain independent. There is some bad news, but it is not unexpected: the Middletown office will close as of July 1 and 2 vacant positions will be eliminated

Tough Month at the CRB

A flurry of recent decisions have just come down from the Connecticut Compensation Review Board on a Myriad of issues, big and small. Not a single win for a Claimant.

This is a tough enviornment in which to represent an injured worker in Connecticut. be sure you have and experienced Connecticut Worker's Compensation Lawyer on your case to help you understand your options and receive the best possible advice.

Most Dangerous Jobs

From Risk Management Magazine:


by Morgan O'Rourke
According to the latest numbers from the U.S. Bureau of Labor Statistics, "Deadliest Catch," a popular television show on the Discovery Channel that chronicles the adventures of Alaskan king crab fishermen in the Bering Sea, is aptly named. Last year, 29 fishermen died from injuries sustained on the job, giving the industry a rate of 116 deaths per 100,000 workers and making it far and away the most dangerous job in the United States.
Logging workers (91.9 fatalities per 100,000 workers), airplane pilots and flight engineers (70.6), farmers and ranchers (41.4), and mining machine operators (38.7) rounded out the top five occupations with the highest fatal work injury rates. To put these numbers in perspective, the fatal work injury rate for all American employees in 2010 was only 3.5 per 100,000 workers.
For sheer numbers, more truck drivers and delivery workers (683) died on the job than those in any other profession. This equated to a fatality rate of 21.8 due to the much larger workforce in this category. The mining industry was particularly hard hit in 2010, as multiple deaths from the Upper Big Branch mine and Deepwater Horizon oil rig explosions helped increase fatalities by 74% over 2009 and inflate the fatality rate from 12.4 to 19.9.
Overall, the Bureau's Census of Fatal Occupational Injuries determined that 4,547 workers were killed on the job in 2010, an amount virtually unchanged from 2009 when 4,551 fatalities occurred. This figure, however, was still low enough to make 2010 the safest year on record, representing a 25% decline in deaths since the census was first conducted in 1992.
TOP 10 MOST DANGEROUS JOBS IN 2010(with fatal work injury rate)
1. Fishermen -- 116.0
2. Logging workers -- 91.9
3. Airplane pilots and flight engineers -- 70.6
4. Farmers and ranchers -- 41.4
5. Mining machine operators -- 38.7
6. Roofers -- 32.4
7. Sanitation workers -- 29.8
8. Truck drivers and delivery workers -- 21.8
9. Industrial machine workers -- 20.3
10. Police officers -- 18.0
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Morgan O'Rourke is editor in chief of Risk Management.

Social Security Tax Adjustment Triggers 2011 Comp Rate Changes

View the memorandum addressing this issue here

Mileage Reimbursement rate Rises

The mileage reimbursement rate for all travel expenses incurred on or after January 1, 2011 is now 51.0 cents per mile. This rate change applies to all claimants, regardless of injury date, and coincides with the federal mileage reimbursement rate pursuant to Section 31-312(a) of the Workers’ Compensation Act.
Click here to read more about mileage reimbursement rates, including those for travel expenses incurred in past years

Connecticut Supreme Court Offers Clarification on Timliness of Heart & Hypertension Claims

In a long awaited decision, the Connecticut Supreme Court provided some clarity in the murky waters of when must a police officer or fire fighter bring a heart or hypertension claim under Connnecticut General Statute section 7-433c. In Ciarelli v. Town of Hamden which was released on December 21, 2010, the Court concluded 1.) that a claim for heart and hypertension benefits should not be treated as if it were a repetitive trauma type claim, but rather as an accidental injury, specific to a certain date and time and 2.) the one year statute of limitiation for bringing such a claim begins to run when a claimant receives "an actual diagnosis of hypertension communicated to (him) by a medical professional."

This establishes a black letter rule that seems to be far easier for claimant's and their attorneys to follow in analyzing whether or not an H&H claim is timely. If the doctor tells you you have "hypertension" then the clock begins to run. Isolated elevated readings do not a diagnosis of hypertension make.

If you or a member of your family is in the police or fire fighting fields, and you feel as if you may have a claim for Connecticut heart and hypertension benefits, please call our West Hartford Worker's Compensation office for a no obligation assesment of your particular scenario.

Six Hours Well Spent: The Medical Education of a Connecticut Workers Comp Lawyer

The neurosurgeons and orthopedists at Neurosurgery Orthopedics Spine Specialists (NOSS) in Waterbury, together with two of their colleagues at Orthopedic Associates of Hartford were kind enough to dedicate their day to educating 100 or so of us lawyers toiling in the fields of Connecticut Workers Compensation Law as to the intricacies of diagnosing cervical spine (neck) problems and shoulder injuries. These knowledgeable professionals shared their opinions on the anatomy of both the neck and the shoulder, radio graphic studies, and operative and non operative treatment modalities to work related neck and/or shoulder injuries. It was a wonderful and rewarding experience. I hope to take nuggets of what I learned today and go forward, better able to represent my Connecticut workers in these complicated but common workplace injuries.

Your (case may be) Never Too Old

This week I have attended two hearings on behalf of clients that were injured on the job some time ago. In both cases neither client had a lawyer until they hired me. They came to see me because, as so often happens, they heard, through the grapevine, that they were not getting their just due under Connecticut Workers Compensation Law. One was injured in 2005 ad the other in 2009. I both cases, a careful interview of the client revealed that their suspicions were correct---they were both owed benefits that they had never been made aware of and never pursued.

The moral here is that it really is imperative that if you are hurt on the job, you consult an experieced Connecticut Workers Compensation Attorney. The laws are complex and the legal theories leading to recovery are many. Your old case may be found money and you owe it to yourself to get what you are entitled to.

A Reminder About Surveilance

From the Associated Press:

DOYLESTOWN, Pennsylvania — A woman is accused of illegally accepting workers' compensation payments while working as a stripper.
Forty-three-year-old Christina Gamble waived a preliminary hearing scheduled for Tuesday and will face trial next month.
Prosecutors say the woman claimed she hurt her back at her waitressing job and couldn't work. A judge granted her $360 per week in benefits in October 2008.
But private investigators working for the restaurant's insurance company say they taped her dancing at C.R. Fanny's Gentlemen's Club and Sports Bar later that year.
Gamble is charged with two counts of workers' compensation fraud and one count of theft.

At Least 9 Die in Workplace Shooting

Having represented many employees of Hartford Distributors through the years, my heart goes out to the victims and their families.

Revised Stipulation Payment Memoradum

Reproduced in toto:

MEMORANDUM NO. 2010-02(Supersedes Memorandum No. 2007-02)
TO:
WCC Commissioners, District Administrators, Advisory Board, Legal Advisory Panel, Medical Advisory Panel, Medical Practitioners, Self-Insureds, Insurance Carriers, Attorneys, and Unions
FROM:
John A. Mastropietro, Chairman
DATE:
June 4, 2010
RE:
Revised Stipulation Procedure – Effective July 1, 2010
The following memorandum supersedes Memorandum No. 2007-02 dated April 2, 2007. The Commission has determined that the prior memorandum did not provide sufficient guidance as to the construction to be accorded the term “commence on or before” contained in § 31-303. For this reason, the Commission issues the following revision based on its reading of § 31-303.
Sec. 31-303 requires that payment “shall commence on or before the twentieth day” from the date of an award or agreement. In addition, “[a]n employer who fails to pay within the prescribed time limitations of this section shall pay a penalty for each late payment, in the amount of twenty per cent of such payment, in addition to any other interest or penalty imposed pursuant to the provisions of this chapter.”
Determination of whether a penalty shall be assessed pursuant to § 31-303 due to the late payment of an award by stipulation shall be based upon the following:
Proof of payment by personal service, certified mail, or registered mail; OR
Placement of the payment due under an award by stipulation with a third party entity engaged in the regular business of delivery and the payor’s retention of written verification of same.
The 20-day period shall be counted from the date following the date on which the stipulation was approved by the Commissioner.
Parties in attendance will be hand-delivered the executed stipulation.
A certification page shall be maintained in the Commission’s file indicating the date on which the stipulation was approved and forwarded by the Commission’s staff.
Approved stipulations will be forwarded to non-appearing parties by regular mail to the address provided within the body of the stipulation by each party who requires and/or requests an executed copy.
For reference, § 31-303 provides:Payments agreed to under a voluntary agreement shall commence on or before the twentieth day from the date of agreement. Payments due under an award shall commence on or before the twentieth day from the date of such award. Payments due from the Second Injury Fund shall be payable on or before the twentieth business day after receipt of a fully executed agreement. Any employer who fails to pay within the prescribed time limitations of this section shall pay a penalty for each late payment, in the amount of twenty per cent of such payment, in addition to any other interest or penalty imposed pursuant to the provisions of this chapter.

Hey Jim, Can You Loan me $1500 'til My Case Settles?

Brother, can you spare a dime? That's how the old saw goes, and not a month goes by without one of my clients calling, and they "hate to ask, but" look for a loanbfrom me against their comp settlement.

I feel bad for most of my clients. I truly do, and it is hard sometimes for me to say no. But I do.

I explain, as best as I can, that the Rules of Professional Responsibility prohibit me (thank goodness) from loaning my clients money. I always add the postscript that if I lose my license to practice law, I am of no use to them at all.

There are a number of firms out there now that will loan money against a WC settlement. In most cases, I try and steer my clients away from these outfits as I find heir rates usurious. But occasionally, suc a loan is a necessary evil.

I do my best to get to know my clients on a personal level. I like it that way. If I think they need the money, and understand the ramifications of these settlement loans, then after discussing it with the individual, Imake it happen. Most of the time it works.

No matter what, though, I can't loan you a dime (or $1500.00)

Updated Medical Guidelines take Effect July 1, 2010

June 1, 2010
The Connecticut Worker's Compensation Commission reports it has adopted new guidelines for resolving issues that may arise for either payors or medical providers who practice within the workers’ compensation system. The effective date for these guidelines is July 1, 2010.

To review the new guidelines, click here.

Heat and bugs and workplace injury

Our recent spell of 90 degree plus weather may be a harbinger of things to come this Summer. As you head out to your jobs in the high heat and humidity, it is imperative you remember that if you become a victim of heat stroke or heat exhaustion while on the job, you may be eligible for benefits under the Conectiucut Workers Compensation Act. The same holds true for insect bites. Through the years I have represented a number of injured workers (and defended a few employers as well) that contracted Lyme Disease as a result of an insect or tick bite while at work.

If you fall ill due to a on the job condition, it is imperative you contact an experienced Connecticut Workers Compesation Attorey as soon as possible to protect your rights.

Repetitive Trauma Theory Carries the Day in Stress induced H&H Claim

A tip of the hat to my former partner, Jim Quinn, who taught me a lot about the ins and outs of Connecticut workers comp law. Jim successfully argued to the CRB that the trial commissioner erred in dismissing the claimants heart and hypertension claim without considering Jims theory that the stress was in fact a repeitive trauma for the purposes of tolling the statute of limitations. This is complicated stuff, folks. I would be happy to speak personally to any of you who need guidance in this area or who would like to know more about theories of repetitive trauma.

Timeliness of Claim: Emotional Distress in case of Minor Employee Sexually Assualted by Boss at Work

I had a hard time thinking of a title for this entry, and I am still not entirely happy with what I came up with, but its hard to capsulize, let alone imagine a scenario where a 13 year old (underage for employment in Connecticut) girl begins to work for a landscape contractor who then goes on to have sexual relations with her. The landscaper is ultimately arrested on statutory rape charges and the young girl begins to experience emotional distress and requires psychiatric treatment.
Some 6 years after this unhappy situation arose, it dawned on the childs parents---yes the same parents that let their 13 year old go take a job---that maybe this should be covered under workers compensation. They file a claim, citing the medical treatment exception to the 1 year notice of claim proivision under CGS 31-294C. The parents, through their lawyer, reason that inasmuch as the employer had to reimburse the girl her out of pocket expenses for counseling as a condition of his criminal case, he had in fact paid for medical care thus triggering the exception establishing compensability in a late notice case. The CRB did not buy it.

I expect a appeal. I also think that the odds are better than 50/50 that at some point, one of the Appellate courts in Conecticut will get swept up in the child sex abuse statute of limitations fever and deem the claim compensable.

I cannot emphasize enough the importance of filing a timely claim for benefits. Time and time again, it seems, I have to tell a prospective client that they will be unlikely to prevail in their claim for a on the job ijury for the simple reason they did not follow the requisite steps and file a 30C Notice of Claim. If you get hurt on the job, it is essential that you speak with a experieced Connecticut workers compensation lawyer as soon as possible.