Learn how Connecticut determines the amount of compensation you may be entitled to for a work-related injury or sickness, as well as how workers’ compensation eligibility requirements apply if you were exposed to COVID-19 on the job.
In Connecticut, injured employees are entitled for a variety of workers’ compensation payments. The type of your injuries, your capacity to work, and other variables will all influence your benefits. The following is a broad overview of how Connecticut workers’ compensation payments are calculated. (To get these benefits, you must submit a workers’ compensation claim and demonstrate that your injury or sickness was caused by your job.)
In Connecticut, may you get workers’ compensation for COVID-19?
During the peak of the coronavirus outbreak in Connecticut in the spring of 2020, the state made it simpler for vital personnel to qualify for COVID-19 workers’ compensation. The state assumed that these employees qualified for workers’ compensation payments (unless the employer proved otherwise) whenever they missed work owing to a diagnosis or symptoms of the condition from March 10 to May 20, 2020, according to an executive order (No. 7JJJ).
While that assumption no longer applies, you may still pursue a workers’ compensation claim if you think you were exposed to COVID-19 while on the job. However, most workers will have a tough time qualifying for benefits. This is because Connecticut law defines an occupational illness as one that is specifically connected with a certain profession and is the consequence of dangers that are in addition to the risks experienced by all employees. First responders and some healthcare workers who contact with COVID-19 patients are more likely than most other employees to achieve that criteria.
Connecticut Temporary Disability Benefits
If you are unable to work or earn as much as you used to while recuperating from an accident or illness, you may be eligible for temporary disability payments. Unless you are entirely or partly unable to work for more than seven days, Connecticut has a three-day waiting period before these benefits begin.
Temporary disability benefits are paid until you can return to work at your full pay or your doctor determines that you have attained “maximum medical improvement” (MMI), which implies your health has stabilized and is unlikely to improve even with further medical care. 301-295, 301-307 (2022) (Conn. Gen. Stat.).
How to Calculate Temporary Total Disability Benefits
While you are unable to work, you are eligible to temporary total disability (TTD) payments equal to 75% of your pre-injury average weekly earnings (after taxes are deducted), up to a maximum based on the statewide average weekly wages for the year in which you were injured or became sick. (The limit for injuries occurring after October 1, 2020 is $1,373.) There is also a minimum: 20% of the maximum reward, as long as it does not exceed 75% of your pre-injury earnings. 301-307(a), 301-309 (2022) (Conn. Gen. Stat.).
Partial Disability on a Temporary Basis
You may also be eligible for benefits if you are partly disabled throughout your recuperation, such as if you can only work part-time or can’t perform the same sort of job you did before your accident. Temporary partial disability benefits are equal to 75% of the difference between your current after-tax wages for the type of work you did before your injury and your actual take-home pay, up to a maximum based on the statewide manufacturing worker average ($1,373 for injuries after October 1, 2020). (See Conn. Gen. Stat. 3-308(a) (2022).)
For instance, if you used to make $750 per week but can now only earn $350 after taxes, you would get $300 per week in temporary partial disability payments ($750 – $350 = $400 x.75 = $300).
Benefits for Permanent Disability
When you reach the MMI stage, your doctor will decide if you have any permanent handicap as a consequence of your accident or illness, and if so, how severe it is.
Benefits for Permanent Partial Disability
If you have lost some use of a portion of your body as a consequence of a work-related accident or disease, you may be eligible for permanent partial disability (PPD) payments under Connecticut law. The program is quite thorough, encompassing a broad range of bodily parts (including organs) and sensory processes (like vision and hearing).
The amount of PPD benefits you get will be determined by how much function you have lost as well as your pre-injury income. The weekly rate is the same as for TTD (75% of your pre-injury wages after taxes), but the maximum is the same as for temporary total disability. There is also a $50 deductible for PPD coverage.
If you’ve lost entire use of a bodily part (or had it amputated), these PPD benefits will be available for the amount of weeks specified in the schedule. The payments for partial loss of use will extend for a number of weeks according to the degree of your handicap. For example, if you have entirely lost use of your dominant hand, you will get weekly benefits for a period of 168 weeks. However, if you have lost 50% of the function of that hand, the advantages will endure for 84 weeks. (You might agree to receive the complete amount of these benefits in a lump payment as part of a workers’ compensation settlement, less a slight discount.)
You may also be eligible for up to 208 weeks of compensation (at the same rate) if your injuries resulted in permanent disfigurement or extensive scars on your face, head, neck, or any other portion of your body, which would make it difficult for you to find employment. (See Connecticut General Statutes 31-308(b), (c) (2022).)
Ongoing Wage Loss Discretionary Benefits
When your PPD payments cease, you may be eligible for further discretionary benefits if the nature of your disability and its impact on your earning capability merit it. These benefits are 75% of the difference between your current after-tax earnings for the sort of employment you had before your accident and what you’re likely to be able to earn today. Your present earning capability will be determined by a variety of criteria, including your education, training, and experience, as well as the availability of job for persons in your physical condition and age.
The length of these extra discretionary benefits will be determined by the same parameters, but they cannot exceed 520 weeks or the duration of your usual PPD benefits, whichever is shorter. (See Connecticut General Statutes 31-308a (2022).)
Benefits for Permanent Total Disability
If your accident or sickness has rendered you fully unable to work, you may continue to receive benefits at the same level as TTD benefits, subject to the same maximum and minimum. These payments will be available for as long as you are fully disabled—possibly for the rest of your life—and will include yearly cost-of-living adjustments.
If you suffer specific types of injuries, such as complete blindness and amputation or paralysis in two limbs, Connecticut workers’ compensation legislation will deem you permanently and totally incapacitated. 31-307, 31-307a (2022) (Conn. Gen. Stat.)
Other Connecticut Workers’ Compensation Benefits
Other benefits paid by Connecticut workers’ compensation include:
Medical advantages. Your employer or its insurance must offer all reasonable and necessary medical treatment and prescription medications to treat your injuries or sickness (without any copays or deductibles). Following first treatment, you have the opportunity to choose your doctor or advanced practice registered nurse from a list or group of recognized providers. 31-294d, Conn. Gen. Stat.
Rehabilitation for the workforce. If you are unable to return to the sort of employment you were performing before your accident, you may be eligible for retraining. (See Connecticut General Statutes 31-293a (2022).)
Benefits and funeral expenditures. Workers’ compensation gives death payments to the surviving spouse and other qualifying dependents when an employee dies as a consequence of a work-related accident or occupational sickness. Death benefits are provided at the same rate as TTD benefits, with the same maximum and minimum, as well as automatic cost-of-living adjustments, to qualifying survivors who were entirely dependent on the dead employee. Workers’ compensation also covers funeral fees up to $4,000. (See Connecticut General Statutes 31-306 (2022).)
Getting Assistance With Your Workers’ Compensation Claim
If you experience a minor injury and your employer’s insurance company pays your benefits quickly, you may be allowed to handle your own workers’ compensation claim. Otherwise, you should consult with a workers’ compensation attorney who can review your claim and preserve your access to full benefits. (Learn more about when you should hire a workers’ compensation attorney.)