Connecticut Essential Worker Injury Rights

Posted by James Aspell | Apr 03, 2020 | 0 Comments

Are you being considered an ‘essential employee' in light of the lock down we all find ourselves in right now? If somebody is an essential employee  in Connecticut and they are  required to work at their physical location rather from the safety of their home and they get sick,can they bring a claim for Connecticut workers compensation benefits?  This is a question we are being asked on a daily basis 

So here's the lowdown on Connecticut worker's compensation and coronavirus (COVID-19):

If you are an essential employee and in dpoing your job, you get sick with  the coronavirus  can you get worker's compensation? The answer is it depends.  If you have a job that by its very nature brings you in close contact with patients known to be suffering from the virus, then you may have a claim for an occupational illness under Connecticut law.  In our state, if the possibility of developing an illness is inherently higher simply because of the job you do, your case is most likely going to be found compensable.  Connecticut nurses, paramedics, EMTS, respiratory therapists, ICU workers, hospital based phlebotomist, and doctors treating virus patients would likely fall into this category.  If you are a Connecticut health care worker and fall ill with corona virus, it is important that you speak with an experienced Connecticut work illness lawyer promptly.  Even if you are not yet ill, but are being exposed to patients with the virus on a regular basis, feel free to call me.  I can give you some tips on how to document your interactions with virus patients so as to protect your rights should you become ill down the road.

If, on the other hand, you are doing your duties as an essential worker, but are not necessarilly  being exposed to virus patients , it becomes more complicated. In those instances, if you contract corona virus, you will have the burden of proving that you acquired the  communicable disease on the job is you normally don't get workers' compensation because you could catch it anywhere – and you'll have to prove if you got sick on the job. You'd have to prove it arose out of the course of employment and not somewhere else. That would be the normal response to a communicable disease.  However, as we all know, we are in uncharted waters and a lot of Connecticut law is yet to be written on essential workers and the corona virus in Connecticut.  Grocery clerks, truckers, warehouse workers and the like are all essential workers and they are all most likely at greater risk of becoming sick than those of us with the luxury of being able to work from home.

Stay Safe!  If you have a question, you can contact us and we will be there to answer your question, give you advice, or if you are already ill, file your claim for benefits. You can also visit our website at www.aspelllaw.com.

About the Author

James Aspell

Principal since August 1, 2006 James F. Aspell is the principal and managing attorney of the firm which he started in 2006 following 20 years of litigation practice in a mid -size firm in Hartford, Connecticut. Jim focuses his practice in the areas of worker's compensation and personal injury l...

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