Other Benefits Provided by the Workers’ Compensation Act

Vocational Rehabilitation [Sec. 31-283a]

If you cannot return to your usual work because of a significant permanent physical impairment, you may be entitled to vocational rehabilitation. If you are eligible, your rehabilitation program will be paid for by the Workers’ Compensation Commission’s Rehabilitation Services. (For more information, see page 18.)

Workers’ Compensation Fraud [Sec. 31-290c]

Workers’ compensation fraud is either a class C felony, if the amount of benefits claimed or received is less than $2,000, or a class B felony, if the amount of benefits claimed or received exceeds $2,000.

Continued Health Insurance Coverage [Sec. 31-284b]

Sec. 31-284b says that the injured workers’s employer must continue paying for their insurance(s) while the employee is receiving workers’ compensation benefits. In 1992 the U.S. Supreme Court determined that this law was unconstitutional as it relates to employees in the private sector. This is because private sector employees come under the protection of the Federal Government’s Employee’s Retirement Income Security Act, also known as ERISA. Therefore, the state of Connecticut could not enact legislation affecting these kinds of employee issues.

Since state and municipal employees do NOT come under the ERISA Act, 31-284b still applies and their employers must continue paying for their employees’ insurance(s) while they are receiving, or eligible to receive, workers’ compensation benefits.

Protection Against Discharge or Discrimination [Sec. 31-290
Section 31-290a of the Workers’ Compensation Act prohibits employers from discharging, or in any way discriminating against, any employee just because the employee has filed a claim for workers’ compensation benefits or otherwise exercised his or her rights under the Act.

Any employee who claims to have been so discharged or so discriminated against may either (1) bring a civil action in the superior court for the judicial district where the employer has its principal office or (2) file a complaint with the Workers’ Compensation Commission (WCC) Chairman alleging violation of section 31-290a. Upon receiving such a complaint, the WCC Chairman shall select an Administrative Law Judge to hear the complaint in the WCC District Office having jurisdiction over the location of the employer’s principal office. If an Administrative Law Judge finds that the employee was wrongfully discharged or discriminated against, he or she may award job reinstatement, payment of back wages, and any other employee benefits which the employee lost, as well as reasonable attorney’s fees.

To file a Discrimination Complaint under Section 31-290a, the employee should send their complaint to: Stephen M. Morelli, Chairman, Workers’ Compensation Commission, 21 Oak Street, Hartford, CT 06106. The complaint must include:

(1) the employee’s name and address, (2) the name and address of the employer, (3) the date of the injury or illness, and (4) the date and nature of the alleged discharge or discrimination. The WCC Chairman will see that a hearing is scheduled before an Administrative Law Judge in the
appropriate workers’ compensation district office.

Workers’ Compensation Fraud Unit [Sec. 31-290d]

The State of Connecticut’s Fraud Unit operates out of the Chief State’s Attorney’s Office, Division of Criminal Justice, and investigates complaints of all parties alleged to be engaging in any form of workers’ compensation fraud. The Unit makes arrests and prosecutes those it believes to be engaging in workers’ compensation fraud. For more information, or to report alleged cases of workers’ compensation fraud, call the Workers’ Compensation Fraud Unit at (860) 258-5800.
Benefits under Group Medical Policy [Sec. 31-299a]
If an employee’s claim is denied and that employee has other insurance that pays for their medical care or lost time (i.e., health or disability insurance), they should submit their claims for payment to those insurance companies,
while their workers’ compensation claim is pending. The workers’ compensation insurer should issue a Form 43 (see the Forms section beginning on page 21), if they are denying the claim.

This should then be submitted along with any medical bills, or claims for wage replacement, to the employee’s health insurer or short-term/long-term disability insurer, if they have one. Since the Form 43 attests to the fact that the workers’ compensation insurer has denied the claim, the “other” insurance companies must honor their contractual obligations pending the outcome of the workers’ compensation claim. If the workers’ compensation claim is eventually approved, then the “other” insurances will have to contact the workers’ compensation insurer about getting their money back.

Artificial Aids Covered [Sec. 31-311]
Employers are liable for payment of damages to artificial legs, feet, arms, or hands sustained by their employees in the course of employment (consisting of the cost of the artificial aid’s repair or replacement). Repair or replacement of eyeglasses, contact lenses, hearing aids, and artificial teeth is also covered, when damage to such aids is accompanied by bodily injury about the face or head.
Right of Transfer to Suitable Work [Sec. 31-313]
If the injured worker cannot return to their usual job because of their injury, the employer should transfer that employee to full-time suitable work, if it is available, provided this does not conflict with the terms of a labor contract.

All workers’ compensation benefits are non-taxable (except for benefits obtained under Section 7-433c, Heart & Hypertension Benefits for Police and Firefighters). For more information on taxability of benefits, contact the Internal Revenue Service (for federal guidelines) or the State Department of Revenue Services (for state guidelines).