RECENT DEVELOPMENTS IN WORKERS' COMPENSATION IN CONNECTICUT

It is vital that the injured worker knows his or her rights after a work- related injury. There have been some significant changes in the law that injured workers and employers should know.

Clients who come into our office after a work related-injury often have questions about the role of their doctor as it relates to workers' compensation. Connecticut Public Act 96-125 mandates that medical providers automatically provide medical reports for all work-related injuries within thirty(30) days of the completion of the report to the employer and the injured worker (or the workers' attorney if there is one) at no cost. In addition if the medical provider is needed as a witness and is given reasonable notice of a workers' compensation hearing, he or she must make himself or herself available for testimony. All charges for medical, surgical, hospital and nursing services are the responsibility of the employer or its insurance carrier. In order for your doctor to be paid by the employer or its insurance carrier he or she must be on the "List of approved physicians, surgeons, podiatrists, optometrists and dentists". Most licensed doctors in Connecticut are on the list, but you should check with your doctor before treatment.

In the 1997 Legislative Session three bills were passed that have significant impact on the injured worker. Public Act 97-205 restored Workers' Compensation Cost-of-Living Adjustments (COLAs) for dependents of workers who die of on-the-job injuries suffered on or after July 1, 1993, and for workers who are totally and permanently incapacitated by injuries occurring on or after July 1, 1993. This act requires COLA payments for the above individuals in begin October 1, 1997. If you are in this category of people and did not receive a COLA payment, your employer or its insurance carrier owes you money. If you were injured prior to October 1, 1993 and are totally incapacitated or a dependant of someone who died of his or her pre-October 1, 1993 injury, this COLA adjustment does not affect you. You should have been receiving your COLA payments every October 1st.

This act also permits employees of local and regional boards of education to claim workers' compensation for injuries suffered while acting as advisors, chaperones, supervisors, or instructors at school-sponsored activities, even if the activity's major purpose is social or recreational. These injuries are only compensable if the employee was doing his or her duties at the request of a school administrator with supervisory authority over him or her. If you are just a volunteer and you are injured you can't collect workers' compensation.

Public Act 97-7 provides that if you owe overdue child support and are on workers' compensation, that compensation can be attached to pay the overdue child support. Your workers' compensation payments are not exempt.

Public Act 97-8 extends workers' compensation coverage to active members of all volunteer ambulance services as if they were municipal employees.

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