Fell on Ice at Work

lynette · #1 03-08-2009, 08:48 AM

My question involves workers compensation law for the state of: Connecticut

I fell on an icy sidewalk on the way into work. I am getting workmen's comp (salary and paid medical) but now I need surgery for my injuries. Is there any way of receiving compensation for pain and suffering? I will be out of work 5-6 weeks if everything goes well.

jk · #2 03-08-2009, 11:16 AM

I haven't checked Conn laws specifically but generally pain and suffering are not available in a workers comp situation.

Why would you believe P& S would be appropriate anyway?

lynette · #3 03-08-2009, 01:53 PM

Workmen's comp does not reimburse for any of following:

Transportation anywhere and everywhere (other than medical appts) because I cannot drive for 3-5 wks
Child care costs incurred for my children while they work because i cannot care for my grandchildren (we work different shifts)
Cannot chaperone a one week school trip with my daughter's class. Money is not refundable.
Loss of money from not being able to prepare income tax refunds in my spare time.
This is in addition all the other everyday household things I will not be able to due since my right (dominant) arm will be in a shoulder to wrist cast for 3-5 wks not to mention the pain. Plus I firmly believe that employer was negligent in not properly sanding/salting the sidewalks. Other folks also fell but none were as seriously injured as I was. They were notified as soon as I fell but did not take care of the situation until later in the day. And it still continues to be a problem!

Mr. Knowitall · #4 03-08-2009, 02:13 PM

Pain and suffering damages are never available in a worker's compensation context, although some states permit compensation for disfigurement.

jk · #5 03-08-2009, 02:19 PM

I would suggest contacting a WC attorney in Connecticut. Since this happened prior to your work, WC may not be the appropriate venue for your compensation. I also read something the alluded to the possibility of forgoing WC and suing your employer for actions of negligence. Don;t know if your current acceptance of WC would remove any such possibility though.

btw: the items you listed are not "pain and suffering". They are, in most of them, actual damages. Pain and suffering is just that, pain and suffering.

MSGB · #6 03-09-2009, 06:40 AM

The only way you could make a claim for pain and suffering is if you pursued a third party (a party other than your employer). For example, if a maintenance company was responsible to clean the sidewalk where you fell, then you could possibly pursue a claim against that company for negligence, including pain and suffering.