OLR Bill Analysis

sHB 7132 (as amended by House "A")*

AN ACT PERMITTING AN EMPLOYER TO POST NOTICE OF THE ADDRESS WHERE AN EMPLOYEE'S CLAIM FOR COMPENSATION SHOULD BE SENT.

SUMMARY

The law generally requires private-sector employees seeking workers' compensation benefits to submit a written notice of claim for compensation to either a workers' compensation commissioner or their employer's last known residence or place of business. This bill requires private-sector employees who mail the notice to their employer to do so by certified mail. It also allows employers, except the state and municipalities, to post a copy of where employees must send the notice (presumably a specific address). The posting must be in a workplace location where other labor law posters required by the labor department are prominently displayed.

Under the bill, employers who opt to post such an address must also forward it to the Workers' Compensation Commission, which must post the address on its website. Employers are responsible for verifying that the information posted at the workplace location is consistent with the information posted on the commission's website.

By law, within 28 days after receiving an employee's written notice of claim, an employer must either (1) file a notice contesting liability with the compensation commissioner or (2) begin paying workers' compensation benefits to the injured employee (and retain the ability to contest the claim for up to a year). Employers who do neither of these within 28 days of receiving the notice are conclusively presumed to have accepted the claim's compensability. Under the bill, if an employer posts an address where employees must send a notice of claim, the countdown to the 28-day deadline begins on the date that the employer receives the notice at the posted address.

*House Amendment “A” requires (1) mailed notices to be sent by certified mail and (2) employers to verify that their workplace-posted information is consistent with the information posted on the commission's website. It also makes technical changes.

EFFECTIVE DATE: October 1, 2017

COMMITTEE ACTION

Judiciary Committee

Joint Favorable Substitute