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690 Flatbush Avenue West Hartford, CT  06110-1308

860 236-9350             800 856-6400  toll free     860 523-9101  fax

27 Holmes Avenue Downtown Waterbury 203 756-6100

 

Jason, a Construction Worker Fights for His Workers Compensation Rights.

    Jason's case is made up from a few of our cases.

    Seeing how Jason's workers compensation case progresses may help you better understand what to expect in your case.

    You may also want to see what happens to Liz, Gloria and Clayton in their workers compensation cases.

Jason's Worker's Comp Construction Injury

  Jason works for a construction company.  One Friday afternoon, he is filling a wheelbarrow with bucketfuls of gravel.  As he twists to empty a bucket, he feels a sharp pain in his back.  He thinks this is just a minor strain and does not mention it to anyone.  He takes it easy the last couple of hours of work.

Jason does not do much over the weekend, but the pain continues.  Sunday night, the pain is very strong and shoots down his leg sometimes.

  Monday morning, the pain is even worse.  He goes to the emergency room and is told he might have a herniated disc.  Jason calls his supervisor and tells him he hurt himself at work on Friday.
 

Jason's Workers Connecticut Compensation Case

  Jason’s company sends him to a medical clinic.  The doctor gives him a note to stay out of work.  Jason returns to the clinic in three days and the doctor gives him another note to stay out.  On the third visit, the doctor tells him only an MRI can show if he his disk is herniated.  The receptionist tells Jason she will call him about the MRI.  She also gives him a doctor’s note telling him to work next Monday doing light duty

  .On Monday, Jason’s boss has him sweep and pick up.  Jason starts getting strong pain going down his leg.  He tells his boss, who sends him home.

  Jason has a voice mail from the receptionist telling him the workers compensation insurance company has not accepted his case so they cannot schedule the MRI.  In his mailbox is an envelope with a check from the insurance company for a few hundred dollars.  The check says “Without Prejudice.”

  A week goes by and Jason is no better.  The doctor’s office tells him they cannot see him.  He leaves a phone message with the insurance company.  The hospital sends him its bill.  Another week goes by.  He gets another envelope from the insurance company but it is not a check.  It is a piece of paper that says “Form 43” and “Injury did not occur in the course of work.”

  Jason hires a lawyer.  A few weeks later he goes to an informal hearing with his lawyer.  The insurance company lawyer says the company is not accepting the workers compensation case because no one saw him get hurt and he did not report the injury right away.  Jason’s lawyer tells Jason he will need to explain at a formal hearing how he got hurt.  The lawyer tells him there is no guarantee of winning the case.

  The lawyer tells Jason to use his health insurance to get treatment from his family doctor.  He also gives Jason some job search forms.  His doctor gives him a pain prescription and also tells him he needs an MRI.

  Jason and his lawyer go to another informal hearing with the commissioner.   His lawyer gives the job search forms to the insurance company’s lawyer.  He also tries to get the insurance company to pay for the MRI.  The commissioner recommends that the company pay for it.  The insurance company’s lawyer says he will let them know.

  Jason gets a part-time job driving a school bus making a lot less money.  His wife gets a second job working weekends at a supermarket.

  Jason goes to another informal hearing.  The insurance company’s lawyer says they won’t pay for any treatment or time out of work.

  Several months go by.  Several more months go by.  His lawyer tells him they are waiting for a formal hearing.  A preformal hearing is scheduled.  Jason’s lawyer talks to the insurance company's lawyer before they see the commissioner.  Jason's lawyer tells him the insurance company still will not accept the case but is offering $5,000 to settle.

  Jason could use the money.  However, his back still hurts and he still gets pain down his leg.  He asks if he can settle but still have them pay for doctor’s visits.  The insurance company says no.  Their lawyer also asks Jason’s lawyer if Jason had a car accident case before.

Jason had an accident a few years ago.  He saw a chiropractor for awhile but his back didn’t hurt anything like it does now.

  After thinking it all over, Jason decides his main concern is to get the medical treatment he needs.  He tells his lawyer he does not want to settle.
 

What Could Happen Next

The Insurance Company Accepts Jason's Workers Compensation Case

    Jason's lawyer may be able to convince the insurance company to accept his workers compensation case.  This would be the best result.  He would get paid for time out of work and his doctor's visits would be paid for.

    Jason could even close out his case in the future for a lump sum (paid all at once) payment.

 

Jason Wins His Workers Compensation Case

    Jason may win his workers compensation case at a formal hearing.  The commissioner will order that the insurance company pay Jason’s doctors and time out to work.

    The insurance company, however, could appeal the case to a panel of commissioners and even to the Connecticut Appellate and Supreme Court.  The panel or the courts could have the case start all over at a new formal hearing.  This new decision can also be appealed.

    Jason may win his workers compensation case, but only after a long time.  If appealed, cases can sometimes take 5 or 10 years or longer.

 

Jason Loses His Workers Compensation Case

    Jason may lose at the formal hearing or at some level of appeal.  He will not get paid for his time out of work.  His health insurance may pay for some of his medical treatment.  He will not owe any lawyer fees.

 

Jason Settles His Workers Compensation Case

    Jason and the insurance company can settle at any time if they can agree on an amount.  He can close out the workers compensation case entirely by signing a “Full and Final Stipulation”.  Or he may be able to settle just some of the issues by signing a “Stipulation to Date.”

 

When You Need a Connecticut Workers Compensation Lawyer,

Rely on Us for Skill, Determination and Experience.

 

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Hablamos Espanol  CT Workmans Comp Abogados Hartford, Waterbury, Meriden  Hartford Work Compensation Abogados - Waterbury, Norwich

Attorney John Serrano - Personal Injury, Social Security Disability, Divorce, Bankruptcy, Immigration, Workers Compensation.  Hartford, Waterbury

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This information is not intended to be legal advice for your individual situation.

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