Workers' Compensation Law Summaries

Connecticut's workers' compensation law is located in the General Statutes of Connecticut at Title 31, Ch. 568.

COVERAGE

All employment is covered by Connecticut's workers' compensation law, but corporate officers may reject coverage. Coverage is elective for sole proprietors and partners. All state, public corporations and members of the General Assembly employees must be covered (Sec. 31-275).

Municipalities may voluntarily cover elected and appointed officials, police and fire fighters (Sec. 31-275). Volunteer fire fighters who are requested by a municipality to aid in an emergency are covered under the workers' compensation laws of the municipality where the injury occurs and under the laws where their company is located, respectively (Sec. 7-314).

"Arising out of and in the course of employment" means an accidental injury happening to an employee or an occupational disease of an employee originating while the employee has been engaged in the line of the employee's duty in the business or affairs of the employer upon the employer's premises, or while engaged elsewhere upon the employer's business or affairs by the direction of the employer, provided (Sec. 31-275):

(1) For a police officer or firefighter, "in the course of employment" encompasses such individual's departure from such individual's place of abode to duty, such individual's duty, and the return to such individual's place of abode after duty.

(2) For an employee of the Department of Correction, when responding to a direct order to appear at work when nonessential employees are excused, or following two or more mandatory overtime work shifts on consecutive days, "in the course of employment" includes the departure from the person's place of abode directly to duty, the duty and the return directly to the place of abode after duty.

(3) A personal injury shall not be deemed to arise out of the employment unless causally traceable to the employment other than through weakened resistance or lowered vitality.

(4) In the case of an accidental injury, a disability or a death due to the use of alcohol or narcotics shall not be construed to be compensable.

(5) For aggravation of a preexisting disease, compensation shall be allowed only for that proportion of the disability or death due to the aggravation of the preexisting disease as may be reasonably attributed to the injury upon which the claim is based.

(6) A personal injury shall not be deemed to arise out of the employment if the injury is sustained: (a) at the employee's place of abode, and (b) while the employee is engaged in a preliminary act or acts in preparation for work unless such act or acts are undertaken at the express direction or request of the employer.

EXCEPTIONS

Coverage is not mandated for casual employees, family members living in the house, outworkers (persons who are given supplies for cleaning, repair, etc., at home), domestics employed less than 26 hours weekly and officers of fraternal organizations who are paid less than $100 per year.

Excluded employments may elect coverage (Sec. 31-275).

WHAT THE EMPLOYER MUST DO

Insurance choices. --Employers that are unable to prove that they have the ability to pay benefits directly to injured employees or their beneficiaries must insure their workers' compensation liability through some type of security guaranteeing the performance of the workers' compensation obligation, by insuring their liability in a stock or mutual company (formed of employers in the same or a similar trade or business or employers in trades or businesses with substantially similar degrees of hazard of injury to employees or a combination of these options (Sec. 31-284).

Employers that are unable to prove that they have the ability to pay amounts assessed for workers' compensation coverage must also use one of the above options (Sec. 31-284).

Employers whose solvency is proven may purchase insurance from a private workers' compensation coverage carrier or may self-insure (Sec. 31-285).

Reports and records. --Each employer must maintain a record of injuries to employees in the course of employment that result in incapacity of one day or more (Sec. 31-316).

Waiting period. --No compensation is payable for total or partial disability from injuries that do not incapacitate the employee from earning full wages for more than three days. If the incapacity continues for more than three days but lasts less than seven days, compensation begins after the first three days (on day four). If the incapacity lasts for seven days, compensation begins from the date of the injury (Sec. 31-295).

Choice of physician. --Employees may select from a state list of physicians (Sec. 31-294d).

Medical care. --As soon as it has knowledge of an injury, the employer must provide a competent physician or surgeon to attend the injured employee and, in addition, must furnish any medical and surgical aid or hospital and nursing service, including medical rehabilitation services and prescription drugs, as the physician or surgeon deems reasonable or necessary. Effective January 1, 2002, the employer, any insurer acting on behalf of the employer, or any other entity acting on behalf of the employer or insurer are responsible for paying the cost of prescription drugs directly to the provider (Sec. 31-294d(a)).

Offset provisions. --An employee's total incapacity pay is reduced while the employee is entitled to receive "old age" insurance benefits under the Social Security Act. The amount of each reduced workers' compensation payment must equal the excess, if any, of the workers' compensation payments over the "old age" insurance benefits. The offsets for workers' compensation benefits must be reduced by the amount of any attorney's fees a state employee pays to obtain the benefits (Secs. 5-164 and 5-192).

Drug and alcohol use. --Compensation is not payable for any injury, accident or death that is due to habitual use of alcohol or narcotic drugs or if caused by intoxication (Sec. 31-275, as amended by P.A. 01-208 (H. 6886), L. 2001, effective July 13, 2001; and Sec. 31-284).

Contested claim. --The employer contesting liability to pay compensation must file notice with the commissioner within 28 days after the employer receives written notice of a claim. If the employer fails to file notice within 28 days, the employer must begin paying compensation and may, within one year of receiving written notice of claim, still challenge liability for the claim (Sec. 31-294c).

NOTICE

Injured employees are required to give immediate notice of their injuries to the employer; however, failure of notice is excusable. Lack of notice will be excused if there is a voluntary agreement or the employer voluntarily provided medical treatment within one year after the accident (Sec. 31-294b).

No later than 30 days after an employer or insurer discontinues weekly disability payments due to the injured employee's death, the employer or insurer must send a notice by certified or registered mail informing dependents of the deceased employee that they may be eligible for death benefits (Sec. 31-306b).

POSTING

A poster, prepared by the chairman of the workers' compensation commission, must be posted in the workplace by every employer subject to the workers' compensation law (Secs. 31-279 and 31-284).

PENALTIES

WHenever an employer is found to be not in compliance with the requirement to secure compensation, the commissioner may assess a civil penalty of not less than $500 per employee or $5,000, whichever is lesser, and not more than $50,000 against the employer. A per day penalty of $100 may be assessed for each day following the finding of noncompliance that the employer does not comply with the requirements, subject to a maximum of $50,000. Fines not paid within 90 days are doubled (Sec. 31-288).

An employee who is discharged or discriminated against in connection with filing a workers' compensation claim may bring suit to be reinstated, to receive back wages and reestablsihment of any benefits.

Any employer who fails to pay compensation when due must pay a penalty for each late payment, in the amount of twenty percent of the late payment, in addition to any other interest or penalty (Sec. 31-303).

CONTACTS

Workers' Compensation Commission, Capitol Place, 21 Oak Street, Fourth Floor, Hartford, CT 06106, 860-493-1500.

This is a summary of Workers' Compensation Laws in Connecticut.