Can You Recover Workers’ Compensation In CT – If You Do Not Live In CT?
Connecticut workers’ compensation law covers almost every employee in the state, mandating no-fault medical benefits and other measures designed to allow an injured worker to heal before getting back to work. That said, it generally is only available to those who live in the state, at least in theory. There are exceptions to this. In some rare cases, a person who does not reside in the state of Connecticut is able to collect workers’ compensation benefits in the state.
There are very specific criteria for an out-of-state employee to be able to recover workers’ compensation in Connecticut, but it is possible. The most common employees to take advantage of this law are truck drivers, but in theory, any employee who fits the criteria may be able to file. If an out-of-state employee is injured on the job in Connecticut, they can recover benefits if:
- They work for an employer that has a “business facility” in CT where they spend at least 50 percent of their working time; or
- Their employment contract is “to be carried out primarily” in CT.
So, for example, if someone commutes to a job in Connecticut, but lives in Rhode Island, and gets injured at work, they are able to recover if their employment contract is for them to work exclusively at the Connecticut facility. By comparison, if that employee is primarily based in Rhode Island, but gets hurt at a conference in Connecticut, their only relationship to the state is that they got hurt there. This is not enough of a nexus to Connecticut to claim workers’ compensation benefits.
If an employee is able to file a claim for Connecticut workers’ compensation benefits, it is crucial to keep in mind that under state law, any other benefits received are offset, meaning that the award would either be lessened or repaid (depending on the order in which the claims are settled). Allowing an injured employee to have a double windfall goes against public policy – it would be fundamentally unfair.
Contact A Stratford, CT Workers’ Compensation Attorney
If you have been injured while on the proverbial clock in Connecticut, but you do not live there, you will generally still be entitled to workers’ compensation as long as you have other connections with the state. A Stratford workers’ compensation attorney from the Morizio Law Firm can help answer any questions you may have about your situation. Call our office today at 475-338-3505 for a free consultation.