Suing Over a Work Injury in Connecticut

Suing the employer: a Connecticut employer that has secured workers' comp (by insurance or approved self-insurance) is not liable in any damages action for an employee's work injury or death, and all other rights and claims between them are abolished except those in the comp law. If the employer failed to secure coverage, the employee may sue the employer for damages (with an exception for a worker who held himself out as an independent contractor and was classified that way in good faith). A co-worker can be sued only if the wrong was willful or malicious or involved negligent operation of a motor vehicle.

Suing someone else: an injured worker may claim comp and also sue any other person legally liable for the injury, and the employer (or the Second Injury Fund) may sue to recover what it paid. Whoever sues must immediately notify the others in writing, and they may join within 30 days or their claims abate unless they give written notice of a lien. From any recovery, after the employee's reasonable expenses including attorney fees, the employer's claim for comp paid and probable future payments comes first, but if the employee brought the action the employer's claim is reduced by one-third (unless the employer is the state or a municipality, or the Second Injury Fund). A settlement by either side does not bind the other without its consent.

Employer without coverage: an employee of an uninsured employer may sue the employer for damages, or pursue a comp award; if an award is made against an uninsured employer that does not pay, the Second Injury Fund pays it, and the employer must reimburse the state, with the Attorney General suing for double damages if not repaid within 90 days. An administrative law judge must assess an uninsured employer a civil penalty of at least $500 per employee or $5,000 (whichever is less) and up to $50,000, plus $100 per day of continued noncompliance.