I am currently going through a workers compensation case for approx 1 and a half years. I have been going through multiple pre-formal hearing and at this last hearing, my ex-employer and his attorney never showed up. Can they get away with that? My ex-employer does not have workers compensation insurance and therefore the second injury fund is present. I was told that if I did not show up at any hearing that my case would be dropped. Would this mean that since he did not show up that my case should automatically be won?
Paul’s answer: I practice law in the fields of personal injury and workers compensation in your State. Depending upon the seriousness of the injuries and how they came about there may be some benefit in pursuing a tort claim against your former employer as well. Normally, an employer in Connecticut is immune from claims of negligence but that is not the case if they did not have workers compensation insurance or otherwise self pay all required benefits. If there are grounds to do so, asserting a liability claim could conceivably bring into play an insurance policy into the equation. Regardless, if the injuries are serious you would be well advised to consider retaining legal counsel even for the workers compensation claim. These matters are t ypically handled on a contingency fee basis. If i cannot help you myself could refer you to competent counsel near Bridgeport with whom I am acquainted.