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Settlement Value of Broken Ankle in Connecticut Workers Compensation

Posted by James Aspell | Aug 19, 2024 | 0 Comments

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When a worker in Connecticut suffers a serious injury, such as a broken ankle, they may be eligible for compensation under the state's workers' compensation system. The settlement value of a broken ankle can vary based on several factors, including the severity of the injury, recovery time, and the potential long-term impact on the individual's ability to work. Understanding these factors is essential for injured workers seeking fair compensation.

In this article, we will explore the key elements that influence the settlement value for a broken ankle under Connecticut workers' compensation laws. We'll cover the medical considerations, legal processes, and specific guidelines that apply to workers' compensation in Connecticut. By providing detailed insights, we aim to clarify how settlements are calculated and what workers can expect during their recovery and compensation journey.

What is Connecticut Workers' Compensation?

Workers' compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill as a direct result of their job. In Connecticut, the system ensures that injured workers receive medical treatment, wage replacement, and compensation for permanent impairments without the need to sue their employer.

Why Workers' Compensation Matters

Connecticut's workers' compensation program protects employees by covering medical expenses, lost wages, and potential disability benefits. It also protects employers by limiting their liability. Understanding the compensation process can help workers make informed decisions regarding their medical treatment and return-to-work plans.

Factors That Affect the Settlement Value of a Broken Ankle

Several elements determine the settlement value for a broken ankle injury under workers' compensation. It's not simply a matter of having medical expenses covered; additional factors like pain, suffering, and future medical needs play crucial roles in determining compensation.

Severity of the Injury

The nature and extent of the ankle injury is one of the biggest factors in determining the settlement value. A fractured ankle could range from a simple break that heals relatively quickly to a compound fracture requiring surgery and extensive rehabilitation.

The more severe the injury, the higher the medical bills, recovery time, and potential for permanent impairment, all of which increase the settlement value.

Common Types of Broken Ankle Injuries

  1. Simple Fractures – These are straightforward breaks that may heal with casting and physical therapy.
  2. Displaced Fractures – Bones are out of alignment and typically require surgical intervention.
  3. Compound Fractures – A severe injury where the bone breaks through the skin, leading to a higher likelihood of infection and long-term issues.
  4. Ankle Dislocations – In some cases, the broken ankle is accompanied by a dislocation, adding complexity to the treatment and recovery.

Medical Expenses

The settlement will include coverage for all medical expenses, such as:

  • Emergency room visits
  • Surgery costs
  • Physical therapy
  • Medications
  • Follow-up doctor visits

The higher the medical bills, the higher the compensation is likely to be. Additionally, ongoing treatment or the need for future surgeries can further increase the settlement value.

Wage Loss

A major part of workers' compensation is providing wage replacement for the time the worker is unable to return to their job. In Connecticut, workers typically receive a portion of their average weekly wage during the period they are out of work. The amount of time the worker is off work due to a broken ankle will directly affect the settlement value.

The worker may also be entitled to temporary total disability (TTD) or temporary partial disability (TPD) benefits during recovery, which will be calculated into the overall settlement value.

Permanent Disability

In cases where a broken ankle results in a permanent partial disability, the worker may receive additional compensation. Permanent disability benefits are based on the degree of impairment and are calculated using a disability rating. Connecticut uses the American Medical Association (AMA) guidelines to determine impairment ratings, which will significantly impact the settlement amount.

Impact on Future Employment

If the injured worker is unable to return to their previous job due to the limitations caused by the broken ankle, they may be eligible for vocational rehabilitation benefits. These benefits help workers re-train for a new position if their injury prevents them from continuing in their current occupation. The necessity of job retraining or long-term disability benefits will also factor into the settlement value.

Pain and Suffering

Although pain and suffering are not traditionally covered under workers' compensation in Connecticut, a broken ankle can still result in significant physical and emotional hardship. The long-term impact of the injury on daily life, mobility, and mental health may indirectly influence the overall settlement, especially when the injury leads to a permanent impairment.

How Connecticut Workers' Compensation Determines Compensation

The Connecticut Workers' Compensation Commission uses specific formulas to determine compensation based on injury type, wage loss, and disability. The process involves several steps to ensure that injured workers receive fair compensation for their injuries.

Calculating Average Weekly Wage (AWW)

The first step in determining the settlement is calculating the worker's average weekly wage (AWW), which is based on the worker's earnings prior to the injury. Workers in Connecticut are entitled to receive 75% of their after-tax AWW during their recovery period. This wage replacement continues until the worker is either cleared to return to work or reaches maximum medical improvement (MMI).

Understanding Maximum Medical Improvement (MMI)

MMI refers to the point at which the injured worker has recovered as much as possible from their injury. Once MMI is reached, the doctor will evaluate the worker to determine if there is any permanent disability. This evaluation is crucial because any permanent impairments will be factored into the settlement value.

Permanent Partial Disability (PPD) Ratings

For workers who suffer permanent impairment from a broken ankle, the PPD rating assigned by a physician will play a key role in determining compensation. This rating quantifies the degree of disability and directly impacts the lump sum or ongoing benefits that the worker may receive.

The Legal Process for Workers' Compensation Settlements

Workers who suffer a broken ankle while on the job in Connecticut must follow specific legal procedures to secure their workers' compensation benefits.

Filing a Workers' Compensation Claim

After the injury occurs, the worker must report the injury to their employer and file a claim with the Connecticut Workers' Compensation Commission. Prompt filing is critical, as delays can impact the ability to receive timely benefits.

Negotiating a Settlement

In many cases, the insurance company may offer a settlement rather than continuing to pay weekly benefits. The worker can choose to accept or negotiate the offer based on the advice of their attorney. Settlements often include compensation for medical bills, lost wages, and future treatment needs.

Contesting a Settlement

If a worker believes that the settlement offer does not fully reflect the severity of their injury or future medical needs, they may contest the offer. This can lead to a hearing before a Workers' Compensation Commissioner, who will make the final decision regarding compensation.

What to Expect from a Connecticut Workers' Compensation Settlement for a Broken Ankle

Range of Settlement Values

The settlement value for a broken ankle in Connecticut can vary widely, from a few thousand dollars for a simple fracture to over $100,000 for severe injuries that require surgery and result in permanent disability. Factors like the extent of the injury, the length of time off work, and any permanent impairments all influence the final amount.

Common Settlement Examples

  • Simple Fracture: $10,000 - $25,000
  • Displaced or Compound Fracture with Surgery: $30,000 - $75,000
  • Severe Injury Leading to Permanent Disability: $75,000 - $150,000 or more

Maximizing Your Workers' Compensation Settlement

Workers should take the following steps to ensure they receive the full value of their settlement:

  • Seek immediate medical attention and follow all treatment recommendations.
  • Document all expenses related to the injury, including medical bills, prescriptions, and transportation costs.
  • Consult with a workers' compensation attorney to ensure that your rights are fully protected during the settlement process.
  • Be cautious when accepting an early settlement offer from the insurance company, as it may not fully reflect the long-term impact of your injury.

Conclusion

Understanding the settlement value of a broken ankle in Connecticut's workers' compensation system is essential for injured workers seeking fair compensation. By considering factors like medical expenses, wage loss, and potential permanent disability, workers can negotiate a settlement that accurately reflects their needs. Whether the injury is minor or severe, taking the right steps from the beginning ensures that injured employees are fairly compensated for their pain, suffering, and loss of earning potential.

FAQs

1. How long does it take to receive a settlement for a broken ankle in Connecticut?

It can take several months to over a year to finalize a settlement, depending on the complexity of the injury and negotiations with the insurance company.

2. Can I receive workers' compensation if the broken ankle was my fault?

Yes, Connecticut workers' compensation is a no-fault system, meaning you are eligible for benefits even if the injury was your fault.

3. What should I do if my employer denies my workers' compensation claim for a broken ankle?

If your claim is denied, you can file an appeal with the Connecticut Workers' Compensation Commission. Consulting an attorney can help you navigate this process.

4. Can I reopen my workers' compensation case if my ankle condition worsens?

Yes, if your condition worsens after settling, you may be able to reopen your case for additional benefits, depending on the terms of your settlement agreement.

5. Are there time limits to file a workers' compensation claim for a broken ankle?

Yes

 

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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