“Falling down on the job” can be slang for lagging in work performance, but actual falls in the workplace can cause substantial injuries that require expensive treatment and recuperation. However, due to a June 2021 Connecticut Supreme Court decision, workers’ compensation may be denied if the victim’s fall is not clearly the result of job conditions.
Overruling an 84-year-old precedent, the court held in Clements v. Aramark Corp. that “idiopathic falls” are not accidents covered by workers’ compensation. The court defined “idiopathic fall” as one “that is brought about by a purely personal medical condition, such as a seizure or heart attack, and not by any condition or risk of employment.” This new ruling brings Connecticut in line with the majority of other states, which have long held that such falls onto level surfaces are not compensable.
The plaintiff, Sharon Clements, who had a history of heart problems, suffered a cardiogenic episode that caused her to lose consciousness, fall backward and strike her head on the ground at the Coast Guard Academy in New London where she worked. Since there was no allegation that she slipped or tripped on any hazard on the premises, the fall was found to have occurred because of Clements’ underlying non-work-related medical condition and was therefore not compensable.
There will likely be a great deal of litigation ahead to further define what types of falls are compensable and which are not. For example, an employee with epilepsy who has a seizure at work and falls to the floor and breaks her arm may not be entitled to workers’ compensation. But what if an employee had an epileptic seizure and then fell onto some equipment she was using, which contributed to her injuries? Even after the Clements ruling, the employee may be able to receive workers’ compensation in this type of scenario.
Idiopathic falls from heights are another possible scenario for compensation. If a construction worker on a high scaffolding faints, falls to the ground and breaks his back, he may be eligible for workers’ comp because the height of the scaffolding may have been a contributing cause of the fall and of the severity of his injury.
At Gesmonde, Pietrosimone & Sgrignari, L.L.C. our workers’ compensation attorneys help employees injured in all types of accidents. If you have been hurt at work, please call 203-745-0942 or contact us online. We have offices in Hamden and East Haven and can travel to your home if your injuries prevent you from visiting us.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
Attorney Advertising. This website is designed for general information only. The information presented at
this site should not be construed to be formal legal advice nor the formation of a lawyer/client
relationship.
[ Site Map ]