Not Filing a Workers’ Compensation Claim for Fear of Retaliation

Unfortunately, many hardworking individuals who sustained injuries while in the course of their employment are reluctant to file claims with the Workers’ Compensation Commission and obtain benefits under the Act for fear that their employer will retaliate by either terminating their employment or giving them some type of demotion or taking other adverse action directed at their conditions of employment.  Section 31-290a, however, strictly prohibits any type of discharge or discrimination of an employee for exercising his or her rights under the Workers’ Compensation Act.  This section provides that an individual who is discharged or discriminated against for filing a workers’ compensation claim can sue for damages for lost wages and punitive damages including attorney’s fees and these claims can be made either before the Workers’ Compensation Commission or by way of a lawsuit filed in the Superior Court.  It is important, therefore, for any employee who does sustain an injury at work to report the same, file a claim and obtain the medical treatment necessary for which the Workers’ Compensation Act provides as well as lost wage compensation for time the employee is unable to work as a result of his or her injuries.  Anyone who has concerns or questions about his or her rights under Connecticut Workers’ Compensation Act should contact Attorney John D. Maxwell at (860) 402-5159 or at jmaxwell@bpslawyers.com.