Should I Be in a Hurry to Return to Work After a Personal Injury?

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Recently, accidental injuries became the number three cause of death in the U.S. for the first time according to figures from the National Safety Council. In one year alone, fatalities from preventable injuries rose 10%. Americans are hurt every second on average, and someone loses their life every three minutes in our nation.

Preventable events include things like auto and truck accidents, drowning incidents, poisoning, falls, and workplace accidents. If you’ve been involved in an accident, your priority should be your health and well-being. But what if you have bills to pay and need to get back to work? When you should return to work after an accident depends on a variety of factors, but it might not be the best idea to rush back to your job if you’re hurt.

When Do You Have to Return to Work?

You don’t have to return to work after an injury but failing to do so at the proper time could put your job in jeopardy. Like nearly all states, Connecticut is an “employment-at-will” state, meaning an employer can generally terminate their relationship with an employee for any reason and at any time. But there are some exceptions.

If you have an employment contract or are part of a collective bargaining agreement, your employer isn’t supposed to fire you without cause. You also have protections for military service, jury duty, and certain other court appearances.

Assuming your injury is work-related and covered by workers’ compensation insurance, your employer is required to hold your job or something equivalent open as long as you are still trying to return to work.

But what if you were in a car accident or had a slip and fall at a neighbor’s house? Unfortunately, employers don’t owe you the same consideration, but you do have some options.

Time Off of Work for Non-Work-Related Injuries

As a general rule, you can’t demand that your employer do much for you after you’ve been injured, except what is required by law. The good news is that you do have some rights, and probably a few benefits, that you can use for time off after an injury that was not work-related.

Paid Sick and Vacation Leave

Many employees accrue paid sick and vacation leave, although this is not granted by law for private enterprises. Although you can’t demand it, you can ask to be allowed to take your sick and vacation leave while you recover from your injury.

Leave Under the Family Medical Leave Act

The Family Medical Leave Act (FMLA) gives injured or sick employees and immediate family members up to 12 weeks of unpaid leave for a long list of covered conditions. After 12 weeks, you are supposed to get your same position back or one that is equivalent.

Work Under the Americans with Disabilities Act

You may be able to return to work only part-time or to light duty if you qualify under the Americans with Disabilities Act (ADA). If your injury or illness qualifies, this requires that an employer transfer you to a position, if it is available, or make reasonable accommodations.

The Dangers of Returning to Work Too Quickly

When you’ve been seriously injured, it’s not always the best idea to return to work immediately. As an employee, you have value for your company, and you probably need the wages and benefits. But, heading back to work too soon might not be in the best interests of either you or your employer.

If you have a work-related injury, you can’t return to work until you have a medical release from your treating physician. If you are released to light duty, and your employer makes this available, you’ll need to return to your job, or you will forfeit your benefits.

When it comes to non-work-related injuries, you should likewise wait until a doctor clears you to return to work. If you go back to work too soon, there’s a chance that you’ll suffer an additional injury on the job.

Assuming a physician does release you to return to work, it’s always possible that you might not feel physically or emotionally ready. In this situation, you can request a second opinion before taking any action that could jeopardize your health or the outcome of a pending injury claim.

When It’s Time to Get Help with Your Injury

Knowing what to do and where to turn after an injury can be confusing when you are faced with physical and financial challenges. At the Dodd Law Firm, we advocate for the rights of accident injury victims throughout Connecticut.

Contact our office today at 203-272-1883 or message us online to schedule a free, no-obligation consultation.

Connecticut State Employee Awarded $400,000 in Retroactive Disability Pension Benefits

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A former State of Connecticut employee was awarded a service-connected disability pension retroactive to August 2011.  The total retroactive award was $400,000.

Settlement of Covid-19 Workers’ Compensation Claim for $650,000

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Claimant contracted Covid-19 during the course of his employment from a co-worker.  Unfortunately, the Claimant died from complications of Covid-19 after a month-long hospital stay.  A claim for survivor’s benefits for the Claimant’s wife were brought under C.G.S. 31-306.  The Workers’ Compensation insurance company agree to pay a settlement of $650,000 to settle the claim.  This settlement included a resolution of hospital bills incurred as a result of the Claimant’s hospitalization.

COVID-19 Executive Order

On Friday, July 24th, 2020, Governor Ned Lamont issued an Executive Order relating to Workers’ Compensation benefits for essential workers who contracted COVID-19.  According to this order, essential workers, as defined by a prior executive order, who contracted COVID-19 between March 10, 2020 and May 20, 2020 are presumed to have contracted the virus through work so long as they worked outside their home within two weeks of becoming sick.  This order puts the burden on insurance companies to show that a sick worker did not contract the virus through work activities.

This Executive Order should help essential workers who contracted COVID-19 to pursue Workers’ Compensation benefits without having to prove they were exposed to the virus through work.

Other workers who contracted the virus outside of the time period listed above may still bring a claim for benefits related to COVID-19 infection, but would need to prove the infection occurred from work activities.

If you or someone you know was required to continue working through the pandemic and contracted COVID-19, please do not hesitate to contact us to discuss bringing a Workers’ Compensation claim.

The full language of the Executive Order can be found here:  https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-Order-No-7JJJ.pdf

Motorcycle Crash Settlement – Underinsured Case

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An uninsured car turned left in front of our client who was on his motorcycle.  Our client had no time to slow down, crashed into the car, was thrown from his motorcycle onto the trunk of the car, and landed on pavement.  The police performed an accident reconstruction.  Our client injured his neck, back, and head.  He also missed time from work and lost wages as a result.  We successfully pursued a claim with the uninsured motorist carrier for the motorcycle.  That policy’s coverage was not sufficient to pay our client’s full damages, so we pursued a claim with our client’s parents’ uninsured motorist carrier to obtain an additional settlement.

Retired State Worker Awarded $249,000 in Retroactive Benefits in State Disability Retirement Case

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A State of Connecticut employee was awarded $249,972.03 in retroactively owed State Disability Retirement benefits dating back to her retirement in 2009.  The Dodd Law Firm represented her in her application for a non-service connected disability pension.

Occupational Asthma Workers’ Compensation Claim Settled for $184,700.85

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Settlement of a Workers’ Compensation claim for an employee of an automobile manufacturing facility in the amount of $184,700.85.  During his employment, he was exposed to hazardous fumes which caused the development occupational asthma and  a permanent impairment to both lungs.

Registered Nurse Settles Workers’ Compensation Claim for $522,000

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Settlement of a Workers’ Compensation claim for a registered nurse in the amount of $522,688.00.  She sustained an injury to her neck and back while transferring a patient.  She eventually required fusion surgeries to her lumbar and cervical spine.  She remained totally temporarily disabled as a result of her injuries.

Settlement of Workers’ Compensation claim for $400,000

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Workers’ Compensation settlement of $401,025.09 for injured worker who fell into a finished basement on a construction site sustaining  injuries to his head, leg, back and internal organs.

The insurance carrier contested the claim alleging that the worker was an independent contractor and not an employee.  The case involved a detailed review of the “right to control” test that governs whether a worker is an independent contractor or an employee.