Work injuries occur more often than the national average in Connecticut, with over 35,000 employees experiencing accidents or illnesses related to their jobs each year. While workers’ compensation provides benefits to employees injured on the job regardless of fault, there are instances where a work injury may also qualify as a personal injury claim. Understanding the distinction between these two types of claims and how they can overlap is crucial for injured workers seeking maximum compensation.
Types of injuries that qualify for personal injury claims
Injuries may be eligible for personal injury claims if they involve negligence or wrongful actions by a third party. Here are some examples:
- Car accidents: If a negligent driver causes the employee’s injuries or death in a car accident while performing work duties.
- Defective products: Injuries caused by malfunctioning equipment or tools defectively designed or manufactured.
- Slip and fall: Falls due to unsafe conditions on a property not owned by the employer.
- Exposure to toxic substances: Illnesses from exposure to harmful chemicals due to negligence by a third-party supplier.
- Assault: Injuries resulting from violent acts by non-employees while the worker is performing job duties.
The employer may be liable in specific instances. The illness or injury would result from the employer causing intentional harm to the victim. Retaliation against the employee is also grounds for a personal injury claim against the employer.
Combining workers’ compensation and personal injury claims
In Connecticut, an injured worker can simultaneously pursue workers’ compensation and personal injury claims. Here’s how it works:
- Workers’ compensation: Provides coverage for medical expenses, lost wages and rehabilitation costs regardless of fault. It is a no-fault system, meaning the employee does not need to prove negligence by the employer.
- Personal injury claim: This claim can provide additional compensation for pain and suffering, emotional distress, and other damages not covered by workers’ compensation.
Coordination between the two claims is essential to ensure that the injured worker receives the full compensation they are entitled to.
How an attorney can help
Determining whether a work injury qualifies for a personal injury claim in Connecticut can be complex. An experienced personal injury attorney can provide invaluable assistance in evaluating the case, gathering evidence, navigating the legal process or negotiating a settlement.
