Vaping Injuries

/by

Vaping is a trend that has exploded in popularity during the last decade, attracting teenagers and adults alike. However, it has caused a huge range of health issues and injuries. It has a reputation for being less risky than smoking and even a healthy way to stop smoking, but as injuries continue to pile up, people are starting to ask questions.

If you or someone you love has been injured while vaping, you may wonder who’s responsible and if you are entitled to compensation. Let us take a look at your case and help you with the next steps. Call The Dodd Law Firm at 475-275-8649 to set up a consultation now.

A Worrying Increase in Injuries

Unfortunately, vaping has become known by many as being a better alternative to smoking or a way to “wean off” of regular cigarettes. This has led many people to turn to vaping, not knowing just how harmful it can be to their health.

There’s a sizable body of research showing that vaping is incredibly dangerous for your health. Per Johns Hopkins Medicine, research in early 2020 found that there were nearly 3,000 cases of lung injury related to vaping and over 50 deaths resulting from lung injury. The risk is significantly higher for those who use modified vapes or non-approved liquids, including those that have THC.

Additionally, research indicates that vaping is just as addictive as smoking. People who try vaping in order to stop smoking may simply be trading one addiction for another with little to no health benefit. On top of that, not everyone who vapes is doing so because it can help them stop smoking.

Some, especially teenagers, turn to vaping because it looks cool, is convenient, and does not have the unpleasant smell of cigarettes. Vaping may actually be causing addiction in those who otherwise would never have picked up a cigarette.

Dangerous Chemicals in E-Cigarettes

Vaping liquid has a variety of chemicals that may cause serious health issues. While the liquid may not have the 7,000 or more chemicals found in a single cigarette, it’s still very dangerous.

Propylene glycol and glycerine, which can be carcinogenic under certain circumstances, are two of the most common chemicals. They also include benzoic acid, nicotine, and a variety of chemicals that create artificial flavorings. An uptick in EVALI (e-cigarette and vaping-associated lung injury) has been linked to these ingredients and those found in the modified or homemade liquid.

Who is Liable for Vaping Illnesses and Injuries?

This raises one major question: who is responsible for vaping-related injuries and who is liable for the damage they cause? Connecticut law places responsibility for unsafe or hazardous products on their manufacturers. The Connecticut Product Liability Act allows injured consumers to file claims based on negligence, strict liability, or breach of warranty.

This is a fairly nuanced area of law, as vaping is commonly known to have some degree of danger. Manufacturers may argue that users assume the risks associated with vaping when they choose to use e-cigarettes. While users may legally accept the risk of vaping when they vape, that does not allow manufacturers to act negligently in their design or marketing of products.

One issue that you may explore in a product liability claim is how vaping is marketed and how specific manufacturers market their devices. By marketing them to an audience that includes teenage users, despite the fact that Connecticut law does not allow those younger than 21 to purchase vapes, they are encouraging those at the greatest risk of injury to vape. Additionally, this marketing could encourage underage users to obtain modified or black-market vaping devices that may or may not be safe.

Another issue to look into is the actual manufacturing of the devices and the liquid used in them. If there are inherent flaws in the device or liquid, the manufacturer is responsible for those defects—even if the device itself poses an enhanced risk of health concerns.

Call The Dodd Law Firm to Discuss Your Vaping Injuries

If you or a loved one has been injured by a vaping device, don’t wait any longer to find out if you are entitled to compensation. The team at The Dodd Law Firm is ready to help. Call us at 475-275-8649 or get in touch with us online to set up a consultation.

Remedies Available to Injured Delivery Workers

/by

The holiday season is the busiest time of the year for delivery services.  The increase of packages delivered this time of the year means that workers doing delivery work are more active than at any other time.  With this increased business, extra hours, and additional stops come an increased risk of injury.

Any employee who is injured during the course of working for a delivery service will likely have multiple legal remedies available.

Workers’ Compensation

The primary type of compensation available to you in this situation is workers’ compensation. The benefit of this system, which is managed by the State of Connecticut Workers’ Compensation Commission, is that you don’t have to prove that anyone else caused your injury.

Whether it was an unavoidable accident, your own mistake, or a coworker’s error, you’re entitled to compensation simply because your injury happened at work. As a result, this is often the easiest way to get some income coming in while you get medical treatment paid for by your employer. There are situations where your employer or their workers’ comp insurance company will push back against your claim, but this isn’t common.

What to Do If Someone Else is Responsible for Your Injury

There are limitations to workers’ compensation. It only pays partial income replacement and medical expenses that are approved by the insurance provider. You cannot get full income replacement, pain and suffering, or other types of compensation. However, in certain circumstances, you may be able to seek additional compensation from the liable party.

You may be able to bring a personal injury claim against the liable party if they were a third party. This means someone other than you and your employer. Note that “your employer” includes anyone employed by your company. If your employer caused the accident through unsafe working conditions or a coworker caused your injury through negligence, you cannot bring a personal injury claim against them.

There are several types of third-party claims that may be available to you as a delivery driver:

Third-Party Personal Injury Claims for Delivery Workers in Connecticut

When you are injured on the job as a delivery driver or courier in Connecticut, your immediate safety and financial security are put at risk. While Connecticut’s Workers’ Compensation system is designed to provide a safety net for injured employees, it is often insufficient to cover the true scope of your losses. Fortunately, workers are not always limited to workers’ compensation benefits alone.

If a person or entity other than your employer caused your injury, you may have the right to file a third-party personal injury lawsuit. This civil action runs parallel to your workers’ compensation claim and can provide crucial compensation for damages that workers’ comp completely ignores—most notably, physical pain, emotional suffering, and loss of life enjoyment.

The Dual Track: Workers’ Compensation vs. Third-Party Lawsuits

To understand why a third-party claim is so valuable, it is important to contrast it with Connecticut’s workers’ compensation system.

Under the Connecticut Workers’ Compensation Act (C.G.S. Chapter 568), the system operates on a “no-fault” basis. This means you do not have to prove your employer did anything wrong to receive benefits. However, in exchange for this guaranteed coverage, Connecticut law generally immunizes employers from civil lawsuits under the “exclusive remedy” rule (C.G.S. § 31-284).

Furthermore, workers’ compensation benefits are strictly capped. They cover:

  • Necessary medical treatment related to the work injury.
  • Temporary total or partial disability payments (which only cover a percentage of your average weekly wage).
  • Permanent partial impairment awards.

Workers’ compensation does not provide compensation for your physical pain, mental anguish, scarring, loss of consortium, or the full measure of your lost earning capacity.

This is where a third-party claim becomes essential. Under C.G.S. § 31-293, Connecticut law explicitly allows injured workers to sue negligent third parties (individuals or businesses unrelated to their employer) who caused or contributed to their work-related injuries. A third-party civil lawsuit allows you to seek full financial recovery, including both economic damages (such as unpaid wages and future medical care) and non-economic damages (such as pain and suffering).

1. Dog Bite Claims and Connecticut’s Strict Liability Law

Delivery workers—whether delivering parcels, mail, groceries, or food—face a constant threat from unrestrained or aggressive dogs. In Connecticut, the law is heavily weighted in favor of protecting victims of dog attacks.

Unlike some states that follow a “one-bite rule”—where an owner is only liable if they knew their dog had a history of aggression—Connecticut imposes strict liability on dog owners. Under Connecticut General Statutes § 22-357, a dog’s owner or keeper is held fully liable for any damage to a person’s body or property caused by the dog, regardless of whether the dog has ever shown vicious tendencies before.

Legal Status of Delivery Workers

To win a strict liability claim under C.G.S. § 22-357, the injured plaintiff must prove they were not:

  1. Trespassing,
  2. Committing another tort (such as assault), or
  3. Teasing, tormenting, or abusing the dog.

As a delivery worker, you are legally considered an implied invitee or licensee. Property owners who order packages or services invite delivery personnel onto their walkways, porches, and doorsteps. Consequently, you are lawfully on the premises, completely neutralizing any “trespass” defense an owner might attempt to raise. If a dog attacks you while you are executing a delivery, the owner is almost certainly liable for your medical bills, scarring, emotional trauma, and pain and suffering.

2. Premises Liability Claims: The Duty to Keep Properties Safe

Property owners and occupiers in Connecticut have a legal obligation to maintain their premises in a reasonably safe condition for visitors, guests, and workers. Because delivery drivers are business invitees, property owners owe them the highest duty of care under Connecticut common law. This duty requires owners to inspect their property, repair hidden dangers, and warn visitors of any hazards that cannot be immediately fixed.

When property owners neglect this duty, delivery workers can suffer devastating injuries. Common premises liability scenarios include:

  • Slip and Falls on Ice and Snow: Connecticut winters bring severe ice and snow. While property owners are protected by the “ongoing storm doctrine” (which generally allows them a reasonable amount of time after a storm ends to clear walkways), they must act diligently once the weather clears. If an owner fails to shovel, salt, or sand their walkways within a reasonable timeframe, and a delivery driver slips on accumulated ice, the owner can be held liable.
  • Structural Defects: Crumbling concrete steps, rotting wooden porch decks, loose tiles, or missing/broken handrails pose severe risks. When a delivery driver is carrying a heavy package, their line of sight is often obstructed, making these structural hazards even more dangerous.
  • Inadequate Lighting: Poorly lit walkways, dark stairwells, and unlit entryways prevent delivery workers from seeing tripping hazards, leading to severe missteps and falls.

To succeed in a premises liability claim, your attorney must demonstrate that the property owner either created the hazard, had actual knowledge of it, or should have known about it through reasonable inspection (constructive notice) and failed to remedy it.

3. Third-Party Motor Vehicle Accidents

Delivery drivers spend the majority of their workdays navigating Connecticut’s busy roads and highways, significantly elevating their risk of being involved in a motor vehicle accident. If you are injured in a crash while working, and another driver was at fault, you can file a third-party auto claim against that driver’s personal automobile insurance policy.

Beyond standard driver negligence (such as speeding, distracted driving, or running red lights), third-party auto claims can also involve:

  • Product Liability (Vehicle Manufacturers): If your delivery van’s brakes failed, or if an airbag failed to deploy during a collision, you may have a strict product liability claim against the vehicle’s manufacturer or the manufacturer of the defective component.
  • Negligent Maintenance: If your employer leases fleet vehicles and a third-party maintenance contractor failed to properly service the vehicle’s steering or brakes, that contractor could be held liable for a resulting crash.
  • Municipal Liability for Roadway Defects: Under C.G.S. § 13a-149 (the municipal highway defect statute) or C.G.S. § 13a-144 (the state highway defect statute), you can sue the government entity responsible for maintaining the roads if your crash was caused by a severe, neglected pothole, missing signage, or improper roadway design. Note that government claims have exceptionally short notice windows (often as brief as 90 days), making immediate legal consultation vital.

How an Attorney Can Help

If you have a workers’ compensation claim that the insurance provider is refusing to pay out, an attorney can help you prove your case and secure the money you are owed. If you have a third-party claim, your attorney can move forward with a personal injury claim on your behalf.

Contact The Dodd Law Firm Now to Talk About Your Legal Options

Are you ready to move forward with your personal injury claim? Let’s sit down and talk about what comes next. Call the Dodd Law Firm at 475-275-8649 or reach out to us online.

Out of State Car Accident

/by

Traveling out-of-state is stressful enough, thanks to booking hotel rooms, trying to navigate an unfamiliar area, and familiarizing yourself with local speed limits and signage. It gets even worse when you’re involved in a car crash far from home. How do you get your vehicle repaired and back home? Will your trip have to be extended? How are you supposed to fight for compensation when you don’t even live where the accident happened?

You don’t have to go through this time alone. Working with an attorney local to the accident location can help you minimize your stress and focus on getting back home. Call the Dodd Law Firm at 475-275-8649 for help with your Cheshire, CT car accident.

Cruising Across State Lines: Factors That Complicate Out-of-State Collisions

Embarking on a road trip across state lines is a classic American pastime. Whether you are traveling for a family vacation, a business trip, or a quick weekend getaway, the transition from one state to another is usually seamless—marked only by a welcoming billboard on the side of the highway.

However, while state borders may feel invisible when you are cruising at 65 miles per hour, they become concrete, unyielding walls the moment you are involved in a car accident.

A car crash is always a highly stressful and disruptive event. But when a collision occurs outside your home state, the logistical, medical, and legal complexities multiply exponentially. What would have been a straightforward insurance claim at home can quickly devolve into a jurisdictional nightmare. Understanding the unique factors that complicate out-of-state accidents can help you navigate the aftermath and protect your right to compensation.

1. Navigating a Patchwork of Different State Laws

One of the most jarring realizations for out-of-state accident victims is that the legal rules of the road change the moment you cross state lines. No matter how thoroughly you understand the personal injury laws of your home state, that knowledge may be entirely irrelevant to your accident.

The Negligence Standard Trap

States determine financial recovery after an accident based on different negligence standards. If you live in a state that utilizes a comparative negligence system, you are likely accustomed to a relatively forgiving standard. In these states, you can still recover damages even if you were partially at fault for the accident; your compensation is simply reduced by your percentage of blame.

Now, imagine you are a resident of a comparative negligence state, but you get into an accident while driving through Alabama, Maryland, North Carolina, Virginia, or Washington, D.C. These jurisdictions still enforce a strict doctrine known as contributory negligence. Under this rule, if you are found to be even $1\%$ at fault for the collision, you are completely barred from recovering a single penny of compensation from the other driver. A minor mistake on your part—such as traveling two miles per hour over the speed limit—could entirely wipe out your personal injury claim.

Varying Statutes of Limitations

The time limit you have to file a personal injury lawsuit—known as the statute of limitations—varies drastically by state. While some states grant you a generous three or four years to seek legal recourse, others are incredibly strict. For example, Tennessee enforces a tight one-year statute of limitations for personal injury claims under Tennessee Code § 28-3-104. While Louisiana was historically known for having an equally restrictive one-year limit, the state recently extended its prescriptive period for personal injury (delictual) actions to two years under Louisiana Civil Code Article 3493.1. If you assume you have the standard two or three years typical of your home state, you could easily miss your window of opportunity entirely when traveling through restrictive jurisdictions.

2. No-Fault vs. Tort Insurance Systems

The underlying insurance framework of the state where your accident occurs dictates how and from whom you can seek compensation. The United States is divided into “fault” (tort) states and “no-fault” states, and the friction between these two systems can cause major headaches.

In a traditional fault-based state, the driver who caused the accident is financially responsible for the resulting damages. You can file a claim against their liability insurance policy or sue them directly for medical bills, property damage, and pain and suffering.

Conversely, in a no-fault state (such as Florida, Michigan, New York, or New Jersey), drivers are required to carry Personal Injury Protection (PIP) insurance. Regardless of who caused the crash, both parties must first turn to their own insurance policies to cover medical expenses and lost wages up to a certain limit. In these states, you are generally barred from suing the at-fault driver unless your injuries meet a specific threshold of severity (often defined by permanent injury, significant scarring, or a specific monetary value of medical treatments).

If you are a resident of a fault state driving through a no-fault state, determining which insurance policies apply, how PIP coverage extends across state lines, and whether you meet the “tort threshold” to sue the negligent driver requires highly specialized legal analysis.

3. The Other Driver’s Local Advantage

When an accident occurs, local dynamics play a much larger role than most drivers anticipate. The other driver—presumably a resident of the area—holds a distinct psychological and practical advantage.

  • Familiarity with the Terrain: The local driver knows the specific quirks of the road where the collision occurred. They know if a certain intersection has blind spots, if a traffic light is notoriously short, or if local wildlife frequently darts onto that specific stretch of highway. This local knowledge can be used to shape their narrative when explaining the accident to investigators.
  • Familiarity with Local Law Enforcement: Local police officers are familiar with local roads and local driving habits. In some smaller communities, there can be an implicit bias in favor of the resident over an out-of-state “outsider” whose vehicle bears unfamiliar license plates.
  • Expressing Your Side of the Story: Because you are unfamiliar with the area, you may struggle to accurately describe exactly where and how the accident happened to responding officers. Not knowing street names, local landmarks, or highway exit numbers can make your official statement sound vague or unreliable compared to the local driver’s precise description.

4. The Logistical and Financial Toll of Remote Litigation

If your insurance claim cannot be settled out of court, you may have to file a formal personal injury lawsuit. Under the rules of civil procedure, a lawsuit must generally be filed in the jurisdiction where the accident occurred or where the defendant resides.

This means that if you are a New York resident who was injured in an accident in Texas, your lawsuit must be resolved in a Texas court. The logistical consequences of this are immense:

  • Mandatory Travel: You may be required to physically travel back to the state where the accident occurred for depositions, independent medical examinations (IMEs) ordered by the defense, mediation sessions, and the trial itself.
  • Compounding Costs: The cost of flights, hotel stays, rental cars, and meals quickly adds up, placing an immense financial burden on you at a time when you may already be missing work due to your injuries.
  • Emotional Stress: Returning to the location of a traumatic accident can take a heavy psychological toll, prolonging your recovery and causing unnecessary emotional distress.

5. Finding and Vetting Out-of-State Legal Representation

If you are injured in your hometown, finding a lawyer is relatively straightforward. You can ask friends for recommendations, rely on your local network, or use an attorney who has handled other legal matters for your family.

However, a lawyer in your home state likely cannot represent you in an out-of-state accident claim. To file a lawsuit or formally represent you in negotiations, an attorney must be licensed to practice law in the state where the accident occurred.

This presents several unique hurdles:

  • Losing Local Connections: You cannot rely on your trusted local connections to find a high-quality attorney. You are forced to search for counsel in a city or state where you have no roots.
  • Remote Communication: Navigating a complex legal battle requires close communication. Working with an attorney who is several time zones away means relying entirely on emails, phone calls, and video conferences, which can make the process feel distant and impersonal.
  • Pro Hac Vice Limitations: While a lawyer from your home state can theoretically partner with a local lawyer in the accident state through a legal process called pro hac vice (which allows an out-of-state lawyer to practice for a single case), this process is expensive, highly regulated, and rarely practical for standard car accident claims.

What About Your Insurance?

Fortunately, your insurance policy doesn’t change from state to state. Report the accident to them in a timely manner, cooperate with their investigation, and know that you’ll likely still get the same service and coverage that you would get for an accident at home.

Your Next Steps

We know you’re overwhelmed and frustrated by your situation, but don’t lose hope. You have options. We recommend:

  • Talking to an attorney. Find an attorney licensed in the state where the accident occurred. They can give you an overview of the state’s personal injury and motor vehicle crash laws, and if they are familiar with your home state, they can explain how those laws differ. Find out how these differences may affect your claim and what you should do next.
  • Holding off on talking to the other party’s insurance company. The other party’s insurance provider may come after you fairly quickly, looking for a recorded statement or your side of the story. Don’t talk to them yet. Wait until you have advice from your attorney before moving forward.
  • Seeking medical care. It’s crucial to get checked out after an accident. You’ll want immediate detection and treatment for life-threatening injuries that may be lying in wait.

Reach Out to the Team at the Dodd Law Firm Now

If you’ve been injured in a car accident in Connecticut, we’re here to help. Schedule a consultation with the Dodd Law Firm now to learn more about your options. Just reach out online or call our team at 475-275-8649.

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

/by

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 in Connecticut

When you’ve been seriously injured, the pressure to get back to your normal routine can be overwhelming. As a dedicated employee, you understand your value to your company, and you likely rely heavily on your regular wages and benefits to keep your household running. However, heading back to the workplace too soon is a decision that can carry severe consequences—not just for your physical recovery, but also for your financial stability and legal rights. In Connecticut, rushing this process might not be in the best interest of either you or your employer.

The Physical and Emotional Risks of Premature Return

The most immediate danger of returning to work before you are fully healed is the risk of re-injury. When your body is already compromised, it has to compensate for the weakness. This compensation often leads to secondary injuries, chronic pain, or a complete setback in your recovery timeline.

Furthermore, injuries are rarely just physical. A serious accident can leave you with emotional and psychological trauma, such as anxiety, post-traumatic stress, or difficulty concentrating. If you return to a high-stress or physically demanding environment before you are emotionally ready, your lack of focus could lead to critical mistakes, putting both yourself and your co-workers in direct physical danger.

Navigating Connecticut Workers’ Compensation and “Light Duty”

If your injury occurred on the job, your recovery and return-to-work timeline are governed by Connecticut’s workers’ compensation laws. Under these regulations, you cannot legally return to work in any capacity until you have received a formal medical release from your treating physician.

In many cases, a doctor will release you to “light duty” or “modified duty” rather than your full, pre-injury role. This means you have temporary physical restrictions, such as limits on lifting, standing, or bending.

Under Connecticut law, if your physician clears you for light duty and your employer formally makes a suitable position available, you must return to work. Failing to do so can result in the immediate forfeiture of your temporary partial disability benefits. However, it is vital that your employer strictly adheres to the doctor’s restrictions. If you are asked to perform tasks that exceed your medical limitations, you have the right to refuse to protect your health.

Non-Work-Related Injuries: Protections and Risks

If your injury occurred outside of work (such as a slip-and-fall at a grocery store or a car accident on the weekend), the legal landscape is different, but the medical risks remain identical. You should still wait until a qualified medical professional clears you before returning to your job duties.

For non-work-related injuries, you do not have the safety net of workers’ compensation. However, you may be protected by other programs, such as:

  • The federal Family and Medical Leave Act (FMLA) or Connecticut’s Paid Family and Medical Leave (CTPL), which can provide job-protected leave.
  • Short-term disability insurance, which can help cover lost wages while you recover.

Going back to work too early without a medical clearance not only risks your health, but it may also violate your employer’s internal safety policies, potentially risking termination if you suffer another accident on their premises.

How Rushing Back Can Damage Your Injury Claim

Whether you have a workers’ compensation claim or a third-party personal injury lawsuit, returning to work too quickly can severely damage your legal case.

Insurance adjusters are constantly looking for reasons to minimize payouts or deny claims entirely. If you return to work prematurely, the insurance company will likely argue that your injuries were not as severe as you claimed. They may use your return as “proof” that you have fully recovered, using it to justify stopping your benefits or lowering a potential settlement offer.

What to Do If You Don’t Feel Ready

Assuming a physician does release you to return to work, it is entirely possible that you still do not feel physically or emotionally prepared to handle your job duties. Doctors, while highly trained, do not always fully understand the physical nuances of your daily tasks, or they may clear you based on a standardized recovery timeline rather than your individual progress.

In this situation, you do not have to accept the decision blindly. You have the right to:

  1. Request a second opinion: Seek an evaluation from another qualified medical professional to get a more accurate assessment of your limitations.
  2. Speak with your employer: Communicate openly about your concerns and see if additional accommodations can be made.
  3. Consult an experienced attorney: A knowledgeable Connecticut personal injury or workers’ compensation attorney can help guide you through these transitions, ensuring you do not take any actions that jeopardize your health, your job security, or the outcome of your pending 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

/by

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

/by

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

Pre-Existing Injuries and Worker’s Compensation Claims

/by

Under Connecticut law, you can still have a compensable Worker’s Compensation claim to a body part you have previously injured.

Connecticut law only requires a work incident or work activity to be “a substantial contributing factor” in order for it to be considered a viable Worker’s Compensation injury.  There is no requirement that the work incident or activity be the sole or only contributing factor.

An incident or work activity is considered to be a “substantial contributing factor” if it contributes to an injury in more than a minimal way.  This means that if a work incident or work activity increases or worsens a prior injury or condition by a discernable amount, it would a viable Worker’s Compensation injury.

Unsurprisingly, insurance companies frequently contest claims where the injured worker has a prior injury or condition.  For this reason, it is usually advisable to obtain a lawyer to help pursue a claim when prior injuries exist.

Snow Law 101

/by

As the snow continues to pile up, let us take a moment to review some of the law relating to snow and ice removal in Connecticut. Are property owners responsible for premises liability lawsuits if someone is injured on their property?

Under Connecticut law, a landowner has an obligation to remove or otherwise treat dangerous accumulations of snow and ice from his or her property.  It is well established that the landowner’s obligation to remove snow or ice does not begin until after a reasonable period has passed following the end of the storm.  This means that a landowner may not be liable to an injured party who falls on snow or ice on their property during a storm.  This is commonly referred to as the “ongoing storm” doctrine.

In some instances, it may be possible for a person injured during the course of a storm to bring a claim against a landowner if it can be shown that the injury was caused by an older accumulation of snow or ice not related to the ongoing storm.

The obligation to perform snow removal is known as a “nondelegable duty”.  This means that the landowner cannot avoid responsibility an injury caused by snow and ice merely because they had assigned the responsibility of snow removal to another party.  In an instance where a snow removal company has failed to perform its responsibilities, an injured person likely has a claim against both the landowner and the snow removal company.

Responsibility for snow and ice removal on public sidewalks is governed by local ordinances.  For example, §99.56(C) of the Waterbury City Ordinances reads:

(C)   The owner or person in possession and control of land abutting a public sidewalk shall have a duty of exercising reasonable care to keep the sidewalk free of dangerous conditions caused by the accumulation of ice or snow thereon and shall be liable to any person who sustains injury to self or property where a breach of the duty is the proximate cause of the injury.

Most Connecticut cities and towns similarly place responsibility for snow removal of public sidewalks on the owner of the abutting property.  Your own town likely has a specific ordinance relating to snow removal on public sidewalks.  These ordinances usually provide details regarding how long an abutting property owner has to remove dangerous snow and ice conditions.  You are encouraged to review them on your city or town’s website.

Top Ten Legal Movies In The Last 50 Years

/by

1.My Cousin Vinny (1992)
Joe Pesci plays a brash Brooklyn lawyer who only recently passed the bar exam on his 6th try. He is representing his cousin and friend who are arrested for murder after stopping at a convenience store in Alabama.

2. Marshall (2017)
Chadwick Bosman plays Thurgood Marshall, the first black justice on the Supreme Court. The movie follows Marshall who travels around the country defending blacks he believes were unjustly
charged with criminal offenses.

3. Philadelphia (1993)
Tom Hanks is a gay attorney who claims his law firm fired him because he contracted AIDS. Tom Hanks hires Denzel Washington to represent him.

4. The Verdict (1982)
Paul Newman is a washed-up lawyer who is referred a medical malpractice case and sees it as one last chance to save his career.

5. Erin Brockovich (2000)
Julia Roberts is a paralegal who investigates illegal dumping of highly toxic chemicals which turns into one of the largest class action lawsuits in U. S. History.

6. A Civil Action (1998)
A small plaintiff’s firm in Boston sues a major corporation whose tannery is responsible for the leukemia related deaths of eight children. John Travolta is the lead attorney for the plaintiffs and Robert Duvall is the attorney for the Defendant.

7. A Few Good Men (1992)
Tom Cruise is a high energy Navy JAG attorney of a military courtroom trial. Two marines are court martialed for the death of another marine as part of an unofficial punishment known as “code red.” The two marines testify they were following orders. The marine commander played by Jack Nicholson testified they acted on their own.

8. Michael Clayton(2007)
George Clooney plays a “fixer” attorney at a big law firm where he cleans up messes no one wants to touch and deals with ethically questionable clients.

9. The Paper Chase (1973)
The movie is about the demanding environment of Harvard Law School.

10. The Lincoln Lawyer (2011)
Matthew McConaughey is hired to defend a wealthy real estate mogul who is accused of assaulting a prostitute.

Why you should not hire an attorney you see advertised all over buses, billboards, etc.

/by

Why you should not hire an attorney you see advertised all over buses, billboards, etc.

It has been over 40 years since Bates v. State Bar of Arizona, the U.S. Supreme Court case that struck down bans on commercial advertising by Attorneys. Bates is a landmark case that paved the way for the current overabundance of personal injury lawyers who run continuous television ads and have their pictures on billboards and on the side of buses all over the country. Consumers are overwhelmed with these ads on a daily basis and they are often the first attorneys that personal injury victims call when they are looking for legal representation.

There are many reasons you probably should not hire that attorney you see advertised all over the place and here are a few reasons why:

1. You probably will never actually speak with the Attorney you are attempting to hire.

2. Many times, the lawyer you see if just a figure head for the firm. The chances are pretty good that they are not trying cases themselves and the chances are also pretty good that they will never see or work on your case.

3. Many times, people who hire a widely advertised lawyer will not actually ever interact with an attorney. They will be forced to always talk to paralegals.

At the Dodd Law Firm, LLC you will meet with a lawyer and have a face to face conversation the first time you come in to visit with us for a free consultation. We strive to make every client feel like their case is important. Recommendations from former clients are the main sources of our new cases. This is one of the reasons you will not see our picture on the side of a bus or on a billboard anytime soon.

Often, lawyers who are heavily advertised are just trying to get as many simple “ordinary” cases as possible so then they are can get the best return on their investment (by investing as little time as possible). They are not proactive as they develop a strategy for the clients to get them the settlement/compensation that they deserve.

Handling a high quantity of cases does not equate to a high-quality lawyer.

The simple matter is that lawyers who get the best results and settlements in a trial are the ones who have a proven track record of actually trying cases. Those lawyer are the ones who are willing and able to put in the work, invest their time, and go to bat for their clients. Many attorneys, especially those who rely on a high volume of cases for their revenue simply are not willing to do that.

Consumers cannot always trust what they see on advertisements either. While the Dodd Law Firm is certainly interested in taking on your personal injury case we are more concerned about individuals getting the best possible representation for their claim. Hiring a personal injury attorney should be seen as an investment and you should do your due diligence and decide who you would like to represent you.

At The Dodd Law Firm, LLC you can view a summary of each of our attorney’s credentials and can see an ongoing list of our case results. Our firm website is http://www.doddlawfirmct.com.