Sec. 31-290a. Discharge, discipline or discrimination prohibited. Misinformation or dissuasion prohibited. Right of action.
398 words·~2 min read·
/ct/title-31/chapter-568-workers-compensation-act/31-290a·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)No employer who is subject to the provisions of this chapter shall:
(1)Discharge or cause to be discharged, or in any manner discipline or discriminate against any employee because the employee has filed a claim for workers' compensation benefits or otherwise exercised the rights afforded to him pursuant to the provisions of this chapter, or
(2)deliberately misinform or deliberately dissuade an employee from filing a claim for workers' compensation benefits or, on or after October 1, 2021, a claim for payment of benefits from the Connecticut Essential Workers COVID-19 Assistance Fund.
(b)Any employee who is so discharged, disciplined or discriminated against or who has been deliberately misinformed or deliberately dissuaded from filing a claim for workers' compensation benefits or a claim for payment of benefits from the Connecticut Essential Workers COVID-19 Assistance Fund may either:
(1)Bring a civil action in the superior court for the judicial district where the employer has its principal office for the reinstatement of his previous job, payment of back wages and reestablishment of employee benefits to which he would have otherwise been entitled if he had not been discriminated against or discharged and any other damages caused by such discrimination or discharge. The court may also award punitive damages. Any employee who prevails in such a civil action shall be awarded reasonable attorney's fees and costs to be taxed by the court; or
(2)file a complaint with the chairperson of the Workers' Compensation Commission alleging violation of the provisions of subsection
(a)of this section. Upon receipt of any such complaint, the chairperson shall select an administrative law judge to hear the complaint, provided any administrative law judge who has previously rendered any decision concerning the claim shall be excluded. The hearing shall be held in the workers' compensation district where the employer has its principal office. After the hearing, the administrative law judge shall send each party a written copy of his decision. The administrative law judge may award the employee the reinstatement of his previous job, payment of back wages and reestablishment of employee benefits to which he otherwise would have been eligible if he had not been discriminated against or discharged. Any employee who prevails in such a complaint shall be awarded reasonable attorney's fees. Any party aggrieved by the decision of the administrative law judge may appeal the decision to the Appellate Court.