Re: Ct Workers Compensation Attorney Fees Second Opinion
That's incorrect, you're entitled to TTD (Temporary Total Disability) until you return to work or reach MMI, you must be receiving Permanent Total Disability Benefits(PTD)
as I mentioned above, I’m still receiving TTD payments
and my attorney said they will basically continue under this code until I’m no longer walking among the living because “the state doesn’t usually want to settle.”
I received a packet stating that they were calling for termination of my workers compensation benefits
because I have “high blood pressure and that’s why I cannot go back to work.” It was at this point that I finally was forced to retain an attorney. He is currently my attorney to date.
So you are receiving PTD and this attorney finally got your compensation reinstated.
Last fall (09/2019) after receiving my disability rating and determined to be totally and permanently disabled I was approved for “disability retirement”
effective (retroactive) to 09/2018.
This agreement had to be approved and ordered by the court even though it was uncontested (voluntary agreement) - this doesn't require a hearing.
This payment was never ordered by the court
, I agreed out of ignorance and also fear of losing my “representation”. Our contract has language that says he will not seek restitution or payment until there is a court decision.
The attorney is entitled to a percentage of benefits obtained through litigation on your behalf.
If this attorney was involved in the litigation of your case when you received this award, he is eligible for his fees.
I assure you if you didn't have that lawyer, you would've never seen that voluntary agreement - he earned his money.
Without seeing the retainer and knowing specific details of your claim, it's impossible to comment further.
This forum is for general info, we don't give specific advice nor are interested in learning the details of you claim.
Temporary Total Disability
If you’re unable to perform any type of work, you will be eligible for temporary total disability (TTD) benefits. These benefits are 75 percent of your average weekly wage after taxes, up to the state’s maximum TTD benefit (as of October 1, 2017, $1,287). However, these benefits are not paid for your first three days off work, unless your disability lasts more than a week.
Permanent Total Disability Benefits
Once your doctor determines you are at MMI, you will be evaluated for a permanent disability. Connecticut workers’ comp law presumes you are permanently and totally disabled if you have:
loss of sight in both eyes
loss of both feet (at or above the ankle)
loss of both hands (at or above the wrist)
loss of one hand and one foot
paralysis of two limbs (arms or legs or one of each), or
mental disability due to a head or brain injury.
Other injuries will also qualify if they prevent you from performing any type of work. PTD benefits are 75 percent of your average weekly wage after taxes, up to the state’s maximum benefit (in other words, the same as your TTD rate). You will receive PTD benefits as long as you are totally disabled (potentially for life).
A voluntary agreement is used when the insurance company has accepted your claim and agrees that you are owed a certain amount in workers’ comp benefits. A voluntary agreement does not close out your workers’ comp case. You will continue to receive weekly benefits based on the amount stated in the agreement, and you can continue to seek medical treatment through workers’ comp. And, if your condition worsens, you can petition for additional benefits.
Approval by the Workers’ Compensation Commission
Both stipulations and voluntary agreements must be approved by the Connecticut Workers’ Compensation Commission. The insurance company will fill out the Voluntary Agreement form, send it to you for signature, and then forward it to the Commission for approval. This process does not involve a hearing.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.