Workplace injuries can result in missed time from work and expensive medical costs. Filing a workers’ compensation claim can be a critical lifeline for recovering the money you need and deserve after an accident. Learn more about how an experienced workers’ compensation lawyer in Connecticut can help guide you through the process.
At Claggett, Sykes & Garza, we have a long history of helping workers who were injured on the job recover compensation. Our team of experienced Connecticut personal injury lawyers will work around the clock to ensure your rights are protected and that you are able to secure the money you deserve. Contact us today to set up a free initial case review with a member of our team.
How Workers’ Compensation Works
Most employers in Connecticut are required to carry workers’ compensation insurance. This insurance protects both workers and their employers in the case of a workplace accident.
For workers, this insurance provides a relatively hassle-free manner of recovering damages after a workplace accident that can get them the money they need far more quickly than would be possible with a personal injury lawsuit.
For employers, this insurance protects them against lawsuits from employers who suffer on-the-job injuries. Without this protection, large companies in dangerous industries would constantly be dealing with litigation from injured parties. Meanwhile, a small company could end up going bankrupt as a result of a single workplace injury.
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Can I File a Personal Injury Lawsuit Instead of a Workers’ Compensation Claim
When filing a workers’ compensation claim, the compensatory damages you will be able to recover will be limited. You will typically be limited to collecting compensation to cover your medical expenses and money you lost due to time you missed from work as a result of your injury.
Because of this, people often wonder if they can file a personal injury lawsuit rather than a workers’ compensation claim. In a personal injury claim, you can potentially recover other economic damages as well as non-economic damages like pain and suffering or mental anguish.
While in most cases, your only option for recovering damages after a workplace injury will be to file a workers’ compensation claim, there are certain conditions under which you may be eligible to file a personal injury lawsuit instead.
Injuries Caused by a Third Party
One situation under which you can pursue a personal injury lawsuit after a workplace injury is if your injuries were not caused by a third party. If you were on the job and were involved in a car accident, the driver of the vehicle that caused your crash could be liable for your damages. In this case, you could file a lawsuit against the driver to recover the money you need.
Similarly, if you were injured by a defective tool, you can file a product liability lawsuit against the tool manufacturer to recover the compensation you deserve.
Injuries Involving Intentional Harm or Negligence
In some cases, you can file a personal injury lawsuit against your employer for a workplace injury. If your employer intentionally caused you harm, you have the right to file a lawsuit. For example, if your boss punches you, you can pursue legal action against them to recover damages.
Alternatively, if your injuries resulted from negligence, you have the right to take legal action. Even in dangerous industries where injuries are common, employers have a duty to take reasonable action to minimize the risks for workers. If your employer failed to remove an unnecessary hazard, you can file a lawsuit against them to recover damages.
If your loved one was killed in a workplace accident, you may be able to file a wrongful death lawsuit. An experienced Connecticut wrongful death lawyer can help you explore your options.
Hire an Experienced Workers’ Compensation Attorney in Connecticut Soon After Your Accident
Hiring a lawyer soon after your workplace injury can be critical for recovering the compensation you deserve. Taking action quickly can be critical for a variety of reasons.
Meeting All Filing Deadlines
Whether you are filing a workers’ compensation claim or pursuing damages through a personal injury lawsuit, there are deadlines that will apply to your case.
In Connecticut, the filing deadline for a workers’ comp claim involving an accidental injury is one year from the date of the injury. If filing a workers’ comp claim related to an occupational disease or illness, you will have three years from the date the first symptom presented itself. Furthermore, you must immediately report your injury or illness to your employer.
If filing a personal injury lawsuit, the Connecticut personal injury statute of limitations gives injury victims two years to file a lawsuit in most cases. Failing to meet the filing deadline will likely result in the loss of your right to pursue damages.
Building a Strong Case
Another benefit of hiring a lawyer early is that doing so will put them in the best position to craft a strong case in support of your claim. Delays can result in the loss or corruption of critical evidence. Furthermore, any witness testimony you intend to introduce in support of your claim will become less reliable the further removed from the date of the accident.
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Get Help from an Experienced Workers’ Compensation Lawyer Serving Connecticut Today
Following an on-the-job injury, recovering damages through a workers’ comp claim or personal injury lawsuit can be critical for getting through this disruption to your life. Securing the services of an experienced workers’ comp attorney serving Connecticut can drastically improve your chances of getting the money you need as opposed to pursuing compensation on your own.
At Claggett, Sykes & Garza, we will never back down from taking a case to trial, if necessary to ensure our clients recover the money they require. Contact us by giving us a call, using our chat tool, or filling out our online contact form today to set up a free initial case consultation.