No. The Connecticut workers’ compensation act is a “no fault” system. This means that unlike a negligence action, the claimant does not have to prove that anybody did anything wrong. All she has to prove is that she was injured at work by doing what she was supposed to be doing, when she was supposed to be doing it.

The trade-off is that you don’t get the same type of monetary damages in the world of workers’ compensations as you do in the real world. I frequently tell people that if they sustain the same injuries in a car wreck or on a defective sidewalk, they would have a much moré valuable claim. However, the comp system is designed to be a quicker, more efficient, and cost-effective way to have your medical losses paid for and to recoup some of your wage losses.

For people who have sustained life-altering injuries and for whom everyday pain has become a reality, it is a difficult prospect to accept that they cannot be compensated for their daily pain and suffering. However, this is the reality in Connecticut, and virtually every state.

In most cases, no.

The exceptions are where the employer does not have workers’ compensation insurance and a direct action lies against such employer. Further, where the employer has manifested an intention to hurt the employee, then the employee has a direct action against the employer. Finally, the employee may have a direct action against the employer where the employer has provided a defective product, even though manufactured by another entity. In products liability cases, anyone along the chain of distribution can be sued.

The Connecticut workers’ compensation system is a no fault system. That means that no one needs to be responsible for having caused an injury. The corollary is that the claimant cannot bring an action against the employer, even though the employer may have been at fault for creating the conditions that lead to the claimant’s injuries. By way of example, if a claimant slips and falls because of the employer’s failure to remove snow from a slippery sidewalk, the employee cannot sue the employer. However, in the same scenario, if the land is owned by someone other than the employer, the injured employee can bring a negligence claim directly against the owner of such property.